Employment Rights Act 1996: Primary legislation setting out basic employment rights, unfair dismissal provisions, and requirements for performance improvement procedures. This is fundamental for any performance management process.
Equality Act 2010: Legislation ensuring performance feedback is objective and non-discriminatory, protecting against bias based on protected characteristics (age, gender, race, disability, etc.) and requiring reasonable adjustments for disabled employees.
Data Protection Act 2018 and UK GDPR: Regulations governing how personal performance data must be processed, stored, and accessed, ensuring employee privacy rights and proper data handling in performance records.
Human Rights Act 1998: Legislation ensuring right to fair treatment, protecting privacy rights, and maintaining dignity at work during performance management processes.
ACAS Code of Practice: While not legislation, these are important guidelines considered by courts, providing guidance on fair feedback processes and best practices for performance management procedures.
Company Policies: Internal regulations and procedures that must align with statutory requirements while setting out specific performance management processes for the organization.
Employment Contract Terms: Specific contractual obligations and terms that may affect how performance management is conducted and what processes must be followed.
Industry-Specific Regulations: Any sector-specific rules or requirements that may impact performance management processes in particular industries.
Collective Agreements: Any existing agreements with unions or worker representatives that may contain specific provisions about performance management processes and procedures.
