Know Your Rights

I feel that performance management reviews are just a tick-box exercise. Can I refuse to submit one?7

Yes, you can refuse to complete a performance review. Performance management is not a legal requirement. However, you should be mindful of the potential consequences.

Employers use performance management processes to monitor staff performance and support professional development. It is one of the tools they rely on to achieve this. You should check your employer’s policy to understand how performance management may affect your salary, progression, or benefits.

If an employer has concerns about your conduct or capability, they may use the performance review process to address these issues. It is reasonable for an employer to expect employees to engage in professional development. If they observe a decline in work quality, they should first discuss the reasons with you and offer appropriate support. This may include reasonable adjustments, such as reducing targets. However, if no solutions are possible, the employer may consider disciplinary action or, in some cases, dismissal.

This is a simplified overview. If you are facing a similar situation, please contact us for advice specific to your circumstances.

If you and your colleagues feel the same way about performance reviews, this may indicate that your employer is not implementing the process properly. We encourage you to explore ways of raising these concerns collectively with your employer. If you are unsure how to begin, or if your employer refuses to engage, reach out to us for support.

Where to go?

  • IWW (Industrial Workers of the World): Organize and fight for our rights. Follow the link to IWW website – https://iww.org.uk/london/
  • Peer-to-peer support: Strengthen our community.
  • ACAS: Get advice and support for workplace Follow the link to ACAS website – https://www.acas.org.uk/
Resources
  1. https://www.acas.org.uk/working-time-rules/night-workers ↩︎
  2. https://www.legislation.gov.uk/ukpga/1996/18/section/44
    ↩︎
  3. https://www.acas.org.uk/acas-guide-to-discipline-and-grievances-at-work ↩︎
  4. https://www.acas.org.uk/flexible-working ↩︎
  5. https://safelives.org.uk/wp-content/uploads/Practitioner-survey-2020.2021.pdf
    https://safelives.org.uk/resources-for-professionals/marac-resources/reviewing-your-marac-data/
    https://www.local.gov.uk/our-support/workforce-and-hr-support/social-workers/standards-employers-social-workers-england-2
     ↩︎
  6. https://www.hse.gov.uk/stress/
    https://www.acas.org.uk/managing-work-related-stress/risk-assessments ↩︎
  7. https://www.acas.org.uk/capability-procedures
    https://webarchive.nationalarchives.gov.uk/ukgwa/20210104113253/
    https://archive.acas.org.uk/index.aspx?articleid=6608
    ↩︎