The French High Court regularly reiterates that employee evaluation methods must be based on criteria that are precise, objective and relevant to the intended purpose.
- Evaluation of behavioural skills
In a recent decision, it has applied this principle to the field of behavioural skills.
Thus, the criteria of ”optimism”, “honesty” and ”common sense” were deemed too subjective and insufficiently relevant to the objective of measuring employees’ professional abilities.
In addition, the judges considered the moralising connotation affecting individuals’ personal lives to be irrelevant.
However, behavioural skills can still be assessed provided that they are defined precisely enough and are related to the job in question, and that they can be assessed in a concrete and objective manner.
- Sanctions
In the case dealt with by the judgment, it was a trade union that brought legal action before the court which is why the court declared the assessment system unlawful and prohibited the company from using it in the future.
If legal action had been brought before the court by an individual employee, the sanction would most probably have been different. The employee may have obtained a new assessment, but without the use of the criteria deemed unlawful.
Should you require any assistance for fulfilling your obligation, please do not hesitate to contact us.