Probation reports cannot and should not be used for promotion purposes.
With impeccable timing, here we have evidence of what’s possible beyond the promotion appeals process. We encourage you to read the case (T-511/18) of a colleague’s long and arduous journey to hold the Commission to account which, on the way, clarifies the rules on what evidence cannot and should not be used in a promotion evaluation.
‘Thus, an end-of-probation report, even if it contains a certain number of observations on the official’s or other staff member’s fitness for work, cannot, in principle, be taken into account by a promotion committee.’ (137)
Which leads us to a little-known function of Sysper. How did our colleague know that the probation file had been accessed?
Possibly through the Sysper access logs which allow you to see not only who accessed your file and when, but also to see what they did.
Check out these examples yourselves:
- Appraisal & Promotion>Promotion file>tab ‘Access log’
- Personal data>Personal File>tab ‘Access log’.
Back to the legal case above, the conclusion that, except in very exceptional circumstances, the appraisals and only the appraisals are used for promotion decisions, raises the issue of what happens where an appraisal report is missing.
‘Thus, a decision not to promote an official is tainted with irregularity where the appointing authority did not consider the comparative merits of officials eligible for promotion because one or more appraisal reports were not available owing to an error on the part of the administration.’ (126)
This opens the door for any of you finding yourself in just this situation to take the matter further, and we’ll be happy to help!