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We have a survey to establish employee satisfaction and our…

Hi thereWe have a survey...
Hi thereWe have a survey to establish employee satisfaction and our department came last.My manager has just told me that I am being made to improve the score in the next two to three months and if I don’t I will be in performance management.Can he do that?
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Answered in 4 minutes by:
1/16/2018
Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
Satisfied Customers: 50,514
Experience: Qualified Solicitor
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Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

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What is your position within the business exactly and would this task fall under your remit?

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Please can you also tell me how long you have worked for this employer for?

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Customer reply replied 4 months ago
Hi Ben,This task is not in my usual remit. The responsibility would fall to the head of the department (which he is).I will have been here for 2 years on the 18th January.He also just told me I missed sending him a 3 line update on Friday (I was on leave) and that if it happened again he’d give me a formal verbal warning. That seems over the top as well?

OK, thank you for your response. Leave it with me for now and I will review the relevant information and laws and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

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Many thanks for your patience. You can expect the employer to only task you with undertaking the duties and responsibilities of your contracted role. From time to time they may ask you to undertake additional duties, however if you do not do them to their satisfaction you should not be performance managed for these extra duties - this should only apply to your contracted role.

Once you have been there for 2 years you will have better rights and will be covered for things lie unfair dismissal and constructive dismissal. This means that if you end up being dismissed as a result of this or you feel your position has been undermined to such an extent that you have no other option but to resign, you will be able to consider taking the matter further.

Of course, initially you should consider trying to resolve this internally, such as through the workplace grievance procedure. However, if that is not successful, your only right to take it further would be on termination of employment, be it through dismissal or resignation.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow if you eventually have to claim. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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Experience: Qualified Solicitor
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Customer reply replied 4 months ago
Thank you for this Ben. It’s getting late, so I will give this some thought and reply to you in the morning.Kind regards

no problem, thank you

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Customer reply replied 4 months ago
Hi Ben,If I resign citing constructive dismissal, would I still get a notice period to allow me time to look for a new job?Usually in these situations people send their resignations to their line manager but my line manager is who I have the grievance with. Should I send my notice to him or direct to HR?Thanks

Hi there, if you did argue constructive dismissal then you are expected to leave with immediate effect as the whole point is that you have found things so bad that you are forced to leave as a result. Any lost notice period would then be pursued as part of the claim. You can of course stay and work your notice period but it may affect the success of any potential claim you make.

If you are resigning and must do so by sending in your notice to the manager, you can still send your notice to them. It is only if you were pursuing a grievance against him that you should obviously not use him to submit your complaint to

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