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21 Oct 19, 12:23 PM |
#1
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First POST
Join Date: Aug 17
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Advice needed for work
Hi All
I had my annual review with my manager recently which didn't go well. He basically said that because I was absent from work with a mental health illness at the start of the year I couldn't possibly be marked as having met my targets even though he acknowledges I have worked hard since my return and my results are on par with the rest of the colleagues in my team. He said it would not be fair for me to get the same pay rise/bonus (ours are all performance related) as the person sitting beside me who had to cover my work when I was absent through no fault of my own. he said he doesn't want me thinking that he does not believe my illness wasn't genuine but I have to be marked down for my absence despite the hard work I have put in since. I just don't think this is fair considering all my results are sitting the same as my colleagues and are not 3 months behind like they could have been. Any advice on where I can go from here? TIA |
21 Oct 19, 12:25 PM |
#2
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Getting Excited
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Hey,
Sorry to hear this. Hope your feeling better now. Can you not go to your HR department to discuss this further to see if this action is correct?
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WDW 2012, 2013, 2014, 2016, 2017, 2018, 2022 DLP 2016 |
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21 Oct 19, 12:48 PM |
#3
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Imagineer
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With what you say it is unfair, he has actually discriminated you for your sickness which shouldn't come into it.
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Natalie Xx Don't wait for the Storm to Pass, Learn to Dance in the Rain.. |
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21 Oct 19, 12:53 PM |
#4
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Apprentice Imagineer
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I'll second this.
However it's really a tough one when it comes to bonus/pay increase as it's down to company discretion, however just because you were off for mental health issues this shouldn't stop you from receiving similar benefits as others... especially when you've come back and continued to what sounds like a fantastic job. I went through something very similar in my last job and had to really fight my case, in the end I got what I felt was deserved, a good bonus and pay increase. My manager at the time didn't have a clue on how to handle anyone with a mental health illness. I would request a sit down with HR and your manager to get a full understanding of why a bonus/pay increase has been declined and I would take your illness completely out of the equation... I mean what happens when others are off on their annual leave? Others cover them right? Should all of those people get a pay rise because they've had to do their job plus a little bit more? It all sounds like absolute nonsense as your manager doesn't know how to handle the situation/mental illness. Good luck to you.
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June 1996 - Lake Buena Vista Mar 19 - Family timeshare, Holiday Inn Club Vacations @ Orange Lake Nov 22 - Family timeshare, Holiday Inn Club Vacations @ Orange Lake Jan 24 - Family timeshare, Vacation Villages at Parkway Mar 25 - Family timeshare, Holiday Inn Club Vacations @ Orange Lake Edited at 12:56 PM. |
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21 Oct 19, 12:53 PM |
#5
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VIP Dibber
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sounds like he is discriminating against you, speak to HR or maybe ACAS and see what advice they can give you.
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21 Oct 19, 12:55 PM |
#6
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Apprentice Imagineer
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If your targets are clearly defined and your progress was tracked and you've met them, then surely you are eligible?
Sickness shouldn't come into it. Every company is different however. For me, after being very ill this year and off for a while, I still got an increase. |
21 Oct 19, 12:56 PM |
#7
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Guest
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Illness is not a protected characteristic, so it would not be possible to claim discrimination. OP would need to demonstrate that the illness was a disability (which would not be a case of just saying it is) to have any claim to discrimination.
In any case, with bonuses generally being discretionary, it would seem to me reasonable that a bonus should at least be pro rated to the portion of the year worked. |
21 Oct 19, 01:10 PM |
#8
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Imagineer
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Mental health is usually defined as a disability and therefore it may well be discrimation.
Check the policy as it should cover absence and sickness for this scenario. If you have achieved the set targets then you are entitled to the full bonus. If they aren't targets but you and the others are at the same standard then all must be treated the same otherwise it appears to be discrimation. It all depends on the wording
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June 06, August 07, September 18, January 19, September 19, February 20, December 21, February 22, December 22, February 23, February 24 |
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21 Oct 19, 01:48 PM |
#9
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Imagineer
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You can’t be discriminated against for sickness do you have this in writing? If yes you definitely have grounds to appeal.
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My baby blue |
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21 Oct 19, 01:58 PM |
#10
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Guest
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You cannot claim discrimination due to sickness as it is not a protected characteristic. You can only claim discrimination on the grounds of: age, disability (which is not the same as sickness and would need to have been a pre-declared as a disability for any claim to succeed), gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion and belief, sex, sexual orientation.
So actually, you absolutely can be discriminated against due to sickness - as there are no legal grounds for any discrimination claim. (I am still not sure that somebody who has only worked for a part of the year and receive a lesser bonus than someone that has worked the whole year, is discrimination anyway, I have never given a woman who has spent the year on maternity leave an annual bonus for example and maternity is a protected characteristic. I see the payrise a bit differently). |
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