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Jenny
Jenny, Solicitor
Category: Law
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Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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When a company awards pay rises can they hold sickness time

Customer Question

When a company awards pay rises can they hold sickness time against you
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked for the employer for and what was the reason for the sickness?
Customer: replied 1 year ago.
Worked for 5 years work related stress phase back to work and work load reduced
Expert:  Jenny replied 1 year ago.
how long had you been off with stress for?
Customer: replied 1 year ago.
Two weeks then had a further 4 days sick for stomach issue which is awaiting further investigation for bowel cancer
Expert:  Jenny replied 1 year ago.
Is your employer aware of this? Have you raised any form of grievance about the work related stress?
Customer: replied 1 year ago.
Employer is aware never raised a grievance
Expert:  Jenny replied 1 year ago.
Do you know if they have ever refused a payrise for this reason before?
Customer: replied 1 year ago.
This is s new award scheme as a a adamy scheme based on what you know about your job and the values of the campany
Expert:  Jenny replied 1 year ago.
Ok but as far as you know no one has been refused on the basis of being sick?
Customer: replied 1 year ago.
Yes other people have also been effected, how however this scheme replaced the old pay rise yearly scheme and was supposed to be knowledge based at no time were we made aware our sick time would be party of the award
Expert:  Jenny replied 1 year ago.
So you were not given any notice of a change to the scheme and to be clear in previous years this would not have affected payrises?
Customer: replied 1 year ago.
Yes
Expert:  Jenny replied 1 year ago.
Ok if the employer has introduced a new term and condition without giving notice then you can argue that the change in terms and conditions is void.
If you had a guaranteed percentage payrise prior to the new scheme you can argue you should continue to receive it as the employer did not give notice or consult on the new terms and conditions.
If the payrise was not guaranteed then the employer may say that the failure to give notice of the change is irrelevant and that the payrise was not guaranteed.
You should note that it is, as a general legal principle, fine for an employer to refuse a payrise on this ground, so long as it cannot be said to be discriminating against an employee with high sickness absence due to a disability, this does not seem to be the case for you.
In any event you can raise a grievance that the work related stress has put you in this position.
If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer thank you and all the best.

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