Employment Rights Act 1996: Primary legislation covering basic employment rights, unfair dismissal provisions, and the right to receive written particulars of employment. Essential for establishing the legal framework of performance appraisals.
Equality Act 2010: Ensures protection against discrimination in performance criteria, requiring objective and non-discriminatory assessment methods. Mandates reasonable adjustments for disabled employees in the appraisal process.
Data Protection Act 2018 and UK GDPR: Governs the processing and storing of performance data, employee privacy rights, data retention periods, and access to performance records.
Human Rights Act 1998: Protects fundamental rights including right to privacy and fair treatment in the workplace, which must be reflected in performance appraisal processes.
ACAS Code of Practice: Best practice guidelines for handling performance management processes and potential disciplinary actions arising from performance issues.
Working Time Regulations 1998: Relevant when performance goals and metrics are related to working hours or patterns, ensuring compliance with working time limitations.
Protected Disclosures Act 1998: Protects whistleblowers from being penalized in performance reviews for making protected disclosures, ensuring fair treatment in appraisals.
SMART Objectives Requirement: Legal requirement that performance objectives must be Specific, Measurable, Achievable, Relevant, and Time-bound to ensure fair and objective assessment.
Documentation Requirements: Legal obligation to maintain clear, consistent, and comprehensive documentation of performance appraisals, including regular review periods and appeals processes.
Confidentiality Requirements: Legal obligation to maintain confidentiality of performance appraisal data and discussions, in accordance with data protection and privacy laws.
