Appraisal Amendment due to sickness

Nikobee

Hello,

I'm wondering if anyone can advise if this sounds "right"... I am being referred to occupational health by my employer (most welcome by me as any additional help and advice I can get to make my condition easier to live with is welcome, and I also care about my job) however I have been asked to agree to change the outcome of my performance rating for a review held in December 2020 for my performance for last year to less than satisfactory based on this year's absence. This would mean I would not be entitled to a bonus payment next month for last year's performance. 
Last year, my performance was good and I know I did a good job and received a good review in December. 
Regrettably, I have had sickness this year for a disability and whilst I would expect that could reduce my rating for THIS year, I'm confused as to why they would be asking me to change an outcome for a review that happened four months ago before my sickness was a concern. 
Any views and advice welcome as I don't want to cause a fuss if its not called for, but equally care about my career and my reputation and feel I might be being handed a gun to shoot myself in the foot?!

MalMonroe

Hi, no it doesn't seem right to me, at all. I agree with you about the gun to shoot yourself with.

The appraisal in December 2020 has been done, it's over with and you received a good review. The end.

Just because you have had sickness this year doesn't mean that it's okay for your employer to go back and change the review result you received last year. Nobody could foresee that you were going to be ill this year so that really isn't fair. And it's not on. The referral to Occupational Health is good. But nothing else about this employer is. Say NO. Loud and clear.

Your employer wants to save money at your expense and is trying to make you feel guilty about being ill this year. You can't help being ill and you deserve that bonus for all your good work last year. 

Please, do cause a fuss. It's not just your reputation, it's that well-deserved bonus that's at stake too. Not to mention there's the small matter of your employer attempting to act in an illegally discriminatory manner against you because of your disability.

You could do worse than contact Acas, they deal with all kinds of employment issues. Especially those concerning discrimination in the workplace.

Here's their link - https://www.acas.org.uk/contact

Your employer's intentions need to be nipped in the bud (in a similar situation I have to say that I'd be looking for another job with an unbiased employer). 

Marcon

Nikobee said:

Hello,


Regrettably, I have had sickness this year for a disability and whilst I would expect that could reduce my rating for THIS year, I'm confused as to why they would be asking me to change an outcome for a review that happened four months ago before my sickness was a concern. 

I would ask this question direct to the employer. It certainly doesn't seem right.

Diamandis

What was your sickness record for last year? Did you not have any sick days?

birdofafeather

Do not let them amend last year's review.

It could be used to claim you've been a poor employee for a longer period than just your illness and manage you out. 

KayBur

I agree. Do not settle for lowering your performance score. Unfortunately, in many companies it is standard practice to try to find a loophole to save money. When I quit one job and moved on to another (the last working day at the previous job was August 31, 2020, and I left for a new job on September 1, 2020), they did not pay me almost 10% of my salary, arguing that due to when I leave in September, they need to decompose the tasks I was doing. But in August they were completed in the right volume and on time. How did my departure in September affect my productivity in August? In general, those still impressions remained after leaving the previous place of work. For many employers, the employee is good, while he silently and regularly rowed like a slave on a gallery.

TELLIT01

An appraisal is a conversation about, and record of, past performance and there is no reason why it should be affected by health issues at a later date.  I certainly wouldn't agree to it.

The only potentially valid reason I can see is if the appraisal was done earlier than it would normally be done, and the period of illness fell within the normal 12 month appraisal period.

Undervalued

MalMonroe said:

Hi, no it doesn't seem right to me, at all. I agree with you about the gun to shoot yourself with.

The appraisal in December 2020 has been done, it's over with and you received a good review. The end.

Just because you have had sickness this year doesn't mean that it's okay for your employer to go back and change the review result you received last year. Nobody could foresee that you were going to be ill this year so that really isn't fair. And it's not on. The referral to Occupational Health is good. But nothing else about this employer is. Say NO. Loud and clear.

Your employer wants to save money at your expense and is trying to make you feel guilty about being ill this year. You can't help being ill and you deserve that bonus for all your good work last year. 

Please, do cause a fuss. It's not just your reputation, it's that well-deserved bonus that's at stake too. Not to mention there's the small matter of your employer attempting to act in an illegally discriminatory manner against you because of your disability.

You could do worse than contact Acas, they deal with all kinds of employment issues. Especially those concerning discrimination in the workplace.

Here's their link - https://www.acas.org.uk/contact

Your employer's intentions need to be nipped in the bud (in a similar situation I have to say that I'd be looking for another job with an unbiased employer). 

It may not be "right" but is it unlawful?

I struggle to see anything unlawful in what the OP says their employer is doing here....

A bonus is almost always "discretionary" and the law allows a very wide discretion unless the decision is so far off as to be "perverse".

Equally, it is easy to use words like "illegal discriminatory manner" but is there any unlawful discrimination here? If the OP has a disability (and assuming the employer is aware or should reasonably be aware) then the OP is entitled to "reasonable adjustments". What reasonable adjustments have been agreed? They could in some circumstances include some additional flexibility regarding the firm's sickness absence policy. Was that ever requested and agreed?

"You could do worse than contact Acas", maybe but you could lot better too! ACAS have their uses but do not give legal advice. In the first instance you are talking to a call centre staffed by people with limited training who are largely following a script. If the OP has access to proper legal advice (union or insurance?) then certainly speak to them. If not them maybe consider an initial (free or reduced fee) consultation with a solicitor. 

Establish the legal position but even if that is favourable (and I am far from sure it will be) think long and hard about whether it is in your overall best interest to proceed.

bartelbe

I am deeply cynical about British employers and don't trust them. My concern is they want to change your performance evaluation to make it easier for them to get rid of you, without legal issues. Claiming you are being removed on grounds of performance, not due to your illness.

Thrugelmir

What's your longer term sickness record like?  Is this action as a result of something cumulative. 

Thrugelmir

bartelbe said:

I am deeply cynical about British employers and don't trust them.

An odd comment. Employers are just people like everybody else.