Pay rise refused due to sickness levels - Advise needed please.

[Claris1]

Evening my fellow bloggers, today started off as a good day but about 3pm it all started to go down hill rapidly.I received an email from my manager asking me to call her. Everyone on my team had already received their calls so i knew to expect one sooner rather than later. Anyway, she said its not going to be good news and that i wasn't getting a pay rise due to my sickness levels. So as you can imagine i was pretty cheesed off by this point. Anyway she then started going on about my work levels and that i wasn't up to the same standard as the other ladies on my team.

I then asked about who my level was being compared against seen as how i have only had a couple of weeks off that was done through the doctor who signed me off for two weeks, and other times because of a really bad headache and another time because of a stomach bug. She then started patronizing me saying that she respected me because of a condition that i have no control over and having to live with it.

My Occupational health report stated that i was fit to work but expected my sickness levels to remain the same but that i would fall under the disability act 2010.

What do i do? My friend wants me to leave it and keep my head down, my mum wants me to ask her to put the whole conversation into an email to confirm what she has said to me as my team leader will be speaking to me when she is back in the office in a couple of weeks time.

Does anyone know where i stand with regards to the whole pay rise situation and how this is affecting my future with the company. I really enjoy my job and so far i am holding it down full time whilst being a single mum. They have just given me extra responsibilities of two divisions in the company yet they pick on my sickness level, does it seem petty or am i missing something?

Yours a thoroughly cheesed off Fibro sufferer

[LindseyMid]

I would suggest getting specialist legal advice. I would hate to advise you wrong as I'm not an expert.

There are various organisations that can offer free legal advice (assuming you're not a member of a union?) listed at the bottom of the FibroAction Benefits page:

fibroaction.org/Pages/Benef...

[Claris1]

Not i am not a member of a union as our company doesnt allow it, i will check out your link.

Thank you Lindey

[julieevh]

Surely this is discrimination against a disabled person.

I accept that a company may decide not to award a pay rise to someone whose performance is below standard; but that does assume that there are well communicated benchmarks for performance known by employees. But to not award it due to illness is cruel. To not award it when OH say you fall under the Disability Act of 2010 sounds wrong.

I agree with your Mum, get it all in writing.

Hope this gets sorted out for you

Julie xx

[fairycazzie]

I think with Respect to your mums views i agree as everuthing on paper is proof when any legal advice is needed.

Now i am n Employer but its a small business ( no choice)

I have had to seek much advice with help frim my A/cn't and goverment too.

It depends and can be upto Employers Discretion on many issues.

I would of said that Sickness depends on how much time off as cover has to be given unless they can manage?

I would say that if your performance was 'brilliant ' then the little sickness should have no effect as years go on pay has to considered.

I have to admit i had one lady (was lovely when worked) but her abscence was below average 28 days work in 7 months although she did 3-4 days a week.

I said to her in the start you prove a good candidate and i will look after you, i was left having to get help so much was unreal and when uou have a lot of customers booked in and i was having to stand in many occasions .

I had complaints about her wrk so that also gave me reason not to up her money.

Now i have to say i know my standard or wrk and i not physically fit anymore and even the lighter work i am not what i used to be (hence employing and becoming an employer)

But i have high standards to be kept and the hardest part is me not able now and it took a LOT to admit it.

So i would say to you can you go over any wrk you have done in past and do you think you still perform as good as you did ? As much as you in your head may think you do?

I know spunds complicated but in future since your boss is comparing to others but not comparing you to you and this is different if i make sense haha.

I now have to keep firmly on top making sure the girls perform to the standard i used to because customers will find some one else, after all it was me for me they took me on lol

Seeing new faces alone does not always work!!

Please if i can help you in any way let me know and i will try.

I have been up since 4.30 its now time to get ready as leave to take hubby to work 7.40 then girls to wrk long day and i have a lot of driving to do as well so hope my lids keep alert xxx

[Jomple]

Hi I was in a similar situation and called Equality Advisory Service ( run by the government) on 0800 444 205 they will tell you all your employment rights and what is covered under the Disability Discrimination Act, xxxx

[JacqDobson]

Legal advice, always the first option

[Hidden]

Please, please get legal advice. I hate companies who don't allow a union. It's always for the worst reason (like this!). I'm speaking as an ex shop steward/health and safety rep for a large union. You have to stand up to people like this.

A similar thing happened to me some years ago and I was working for the local council. I was off for six months at one time and got sent to Coventry when I returned. Then denied a bonus that I had worked for before going off sick. It doesn't make for good employee relations either. Why should you be penalised for not being well?

There is a serious lack of understanding of fibro and because you prob look ok it's worse.

I won in the end. I got paid out to leave my job and it was the best thing for me. I worked with some people who were very ignorant to be polite. My health got sooo much better when I left. I didn't even clean out my locker.

I haven't been able to work since but I've done a degree and I try to keep up with my voluntary work. I'm still fighting the system for help but I have faith.

Get a good employment lawyer and do it quick. Legal Aid rules will soon change and you many not be able to get it at a later stage for employment/benefits works.

Good luck, stay strong, write EVERYTHING down, even if they look at you the wrong way. You need to build up a case.

Blessed love xx

[roundthebenz]

Mixed views for me here. Every employer is entitled to set wages in line with employee performance. If, as is being said, performance was down due to illness then it is the employer's right to reflect this in wage increases. I understand how sickness is not the fault of the employee but neither is it any fault of the employer. The employer is paying for work levels achieved. However, the fact that you have been given responsibility for two extra divisions would suggest that your employer has sufficient faith in you to give you the extra responsibility. Surely, this would bring more work to you and therefore be entitled to a higher income to cover the extra responsibilities. So really, part 2 of your situation kind of negates part 1. Yes, ask for a transcript clearly explaining their reasoning, that could be interesting. What sort of company deals with it's staff by e-mail anyway, or am I out of touch??

[Claris1]

Evening everyone, thank you for your input into my dilemma. I tried to contact a lady in HR today but she never got to me (not surprised really). I also sent an email to my line manager and explained that i am not happy with the excuse that she gave me, and that i also want it all in writing, including the points that she highlighted during our conversation about that the fact she thought my work wasn't up to the same level as my other two colleagues, bearing in mind that a portion of our work is totally different. I am also trying to get into CAB and she what they can do. I dug out my contract today and it also states that once a decision has been made it wont be discussed again until the following year. So chances are that i will never hear anything. Kind of confused by it all to be honest