Would your appraisal process stand up in tribunal?

employees tribunals Nov 17, 2025
The word Appraisal, with a tick box underneath saying Awesome

If you’re not doing appraisals with your team, you almost certainly should be:

It’s a key way to manage performance and help development.

Even if you are up to date when it comes to appraisals though, that doesn’t mean that you can rest easy. 

On the surface, appraisals are about helping your team perform to their best ability. 

Underneath that though, the way you conduct an appraisal is tribunal evidence.

If you end up in a position where you’re defending a claim and you’ve been doing appraisals wrong, you start from a position of serious weakness. 

So, if appraisals aren’t currently part of your standard practice, that needs to change. 

And if they are, here are some things to consider, especially in an era where more people are working remotely: 

 

1. Consistency is everything. 

Tribunals often focus on whether employees were treated equally and given a fair chance to improve, and an appraisal is an area where it’s easier to claim that this hasn’t been the case. 

Ensuring each employee gets the same appraisal experience, and you handle performance and issues in a consistent way, will stand you in good stead if the worst were to happen. 

2. Beware bias 

It’s very easy to overrate people you see most often, or undervalue those working remotely. 

Or, whisper it, to be more lenient with the people you like the most, and less patient with those you don’t click with. 

Being clear about this in your own head, and taking steps to even it out (with regular check-ins with all staff and shared, objective metrics) is sensible. 

3. Take extensive notes 

With each appraisal, it’s worth asking:

If a third party were to look at your notes, would they understand the logic behind your conclusions?

Keep records factual, balanced, and focused on performance, rather than personality. 

4. Follow-through matters. 

Appraisals often have actions attached, and it’s important to ask whether you’re setting actions fairly, and what you’re doing to monitor them.

If this isn’t standardised for each employee, you’re opening yourself up to claims of bias. 

 


 

Doing appraisals but not got them spot on? Or (you can be honest) not doing them at all? 

Reach out and we’ll be happy to give you some pointers.

 

Do you need help with your people management?

Whether you’ve got a specific HR query, you need your HR foundations in place, or you’re looking to build on those foundations and create a team that can function without you, we’d love to talk about how we can help you make it happen.

Give us a call on 01980 622167, or click below to book a call.

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