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Employment Dispute

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paddyk | 17:46 Fri 02nd Sep 2016 | Law
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Hi. not sure if I am posting this in the right section but any help/advice would be greatly appreciated, these are the key facts:-
My employers (who are a large plc) make you undergo a PDR (personal development review) with your line manager every year. I find it quite intrusive and I feel that any information or opinions you disclose could be used against you at a later date by the HR department. I feel that some of the questions are phrased in an inappropriate manner and I am not happy to answer them
What I need know is this
(a) Am I within my rights to refuse to the PDR with my line manager and do I have to give a reason(s)
(b) what is the likely impact upon myself if I refuse ? ie disciplinary action

Just for the record I have worked for the company for 20 years and am in the trades union (tho' unsure how much practical help they would be) The PDR's have only started in the last 6 or 7 years
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PDRs are a double edged sword. On the one hand they are a lazy management tool. Rather than regular checks and assessments on your work it can be left to once a year and have no real effect. Just management ticking their own boxes of 'look what I've done. Aren't I a fantastic manager for giving you lower ranks a chance to say how good you are' On the other it can help...
09:07 Sun 04th Sep 2016
please note i am not a law person
a) probably not - it does not seem like an unreasonble request (to me at least)
if you feel the questions re intrusive or inappropriate, you need to raise it with whoever mandates you answer the questions, as tey will be inappropriate for everyone
b) why refuse - just lie if you don't want to give much awy
Development; that'd be training yes ? Can't think what questions they could be asking that you might object to.

No legal expert but I'd say that you have a right to refuse; and they have a right to ask if you might be happier elsewhere.
a. no and no
b. they would have grounds to lay you off

this is a complete non starter and you should go to your union for advice. they will advise you to co operate and you will find this advice 'useless'

The PDPs have started 'only' 7 y ago and now you find them intrusive

you could I suppose start a grievance on the wording of the questions you dont like

clearly you dont answer some questions truthfully like you know;
'My true opinion is that the mgt are a crowd of useless tassers who skive on Friday afternoons. They are not worth the [ huge amount of ]money they pay themselves'. You may well find such sly behaviour unacceptable but it is a course I advise you to take unless you really want after 20 y to look for another job

you dont work for the NHS do you ?'

PDPs are passing out of mgt fashion as they can apparently be shown not to work... ( no difference in performance with or without them or even heavens better performance without them ) this is still not grounds for refusing
As a manager I had to do them annually and so loathed them. As far as I was concerned "everybody worked hard" if they didn't they were told at the time. To me it was a load of bullsh%t.
Some employers also have a half year review.

In the time that I worked we went from a one sheet report (she turned up, she worked and she went home) to a monstrosity that required us to supply evidence to support anything that we said on the appraisal.
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Hi Bednobs. Maybe I should just put something like "Under advice from my union, I feel unable to comment on this question"

(I will think of a better way to phrase this when my mind is a little clearer)
The thing is - you are just told to do these PDRs - there is no disclaimer to advise the information is confidential or will not be placed in your personnel file etc. My boss is going to go off on one if I refuse and is likely to make my life extremely difficult
If its in your terms and conditions you need to do it.

The civil service do them as do a lot of large business, for some your future pay could be affected if you refuse to do them.
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Maybe I should just lie on it -yeah the company is great, my boss is so supportive, everything is wonderful - when what I want to say is "my boss is a bullying, mendacious, manipulative hypocrite and there are so many procedures and pointless rules to follow that you actually never get any useful work done.......... I just can't bring myself to do it - I want to tell them what I really think but the sensible side of my brain tells me this is not the way to go. Why can't I just refuse - altho' I realise this woukld be self-destructive. I am in a real moral quandry about this
Just do it and get it over with rather than writhing in agony - am I or am I not.
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Islay,
it's not in my terms and conditions.....or on my contract (i have the same contract as it was 20 years ago B4 this all started) - although no doubt the HR department could dig up some obscure email date or some buried sub-clause to justify it all (They are past masters at stuff like this) "Hang on - I've never had that memo"......."Well - we sent it on 8th Nov 199*.
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Jennyjoan - I just hate going along with it and being a hypocrite and telling lies just to keep my job. it seems very unethical somehow and I am not being true to myself
Try to be positive in what you say. i.e. don't just criticise the present systems but suggest how they can be improved.

e.g. "While I fully understand that the rules relating to XYZ are there to ensure client confidentiality and business transparency, I believe that those objectives could still be met by doing XYZ in the way that I'm going to suggest, while at the same time reducing the workload for staff, through simplifying our systems. That would result in greater efficiency and reduce the frustrations which I, and my colleagues, often experience through having to do XYZ by the current methods"
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It's good bulls**t Chris - it might just work. Never thought of that !! Good one,
Do you actually mean a PDR or a staff survey? I've always had to do PDRs and the format never includes direct questions about my manager like that. It's normally a 1-1 interview with a written follow up that you usually agree to or not. Can't think what kind of questions you find intrusive?
-- answer removed --
If you have worked for the company for 20 years you may have noticed that things have changed & moved with the times in that time whether you like or agree with it. The company's that did not or do not move with the times have now ceased or are struggling. Would you rather have a job with your company or would you prefer to find a job elsewhere as your company is not going to stop progress as they see it.
^^ My line manager can help by giving me an opportunity try to make a positive commitment to the company by allowing me to exercise a measure of initiative rather than following the standard procedure exactly. If it proves unsuccessful it will serve to prove that current procedure is the correct option, but I would welcome the chance to try my approach and see if it could bring benefit to our workplace.
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Eddie51. That's quite good. I can see how I could use that one. But let's face it - PDRs are a load of ***. In my opinion, they are just another tool to pacify and subjugate the workforce. Or are they just another PR initiative to give the impression that this particular company have a paternalistic approach to their employees. (although personally I think paternalism went out with Frederick the Great of Prussia)
^^ Assertiveness is the answer. I once went on a Assertiveness course and it was one of the best learning experiences I have ever had.
By the way your avatar is the 'image' of my big black Labrador 'Ozzie' !
This is a good link, read it carefully and study.
http://www.nj.com/business/index.ssf/2012/12/schnurman_being_assertive_in_t.html
There is a lot of information that is relevant to your situation.

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