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doctors sickness certificate

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123bernadett | 16:02 Tue 11th Dec 2007 | Law
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How can a company legally put you on a written warning,give you no pay rise or discretionary bonus when you are covered by a doctors sickness note?
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The first part of your question has been answered many times before - see here for one such answer (Ethel's answer).
http://www.theanswerbank.co.uk/Law/Question486 788.html
Unless you have a contractual term that says so, pay rises are not automatic, and neither are bonuses.
As soon as you are able to improve your attendence record, you would have more of an opportunity to demonstrate your worth to your company.
inability to carry out your employed role for whatever reason can be a ground for action to be taken against you. Unless your contract stated that pay rises and bonuses are paid when you are absent then you have no right to these things. What's more important is the procedure used by the company in assessing your fitness and when you may be capable of resuming duties. The impact of your absence on the company is also important to consider and this could be more significant in a small organization.
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i was only absent for 9 days certified by a doctor and they are a major high st retailer
Is this the only illness you have had this year or one of many? If its the only one then it does seem a bit harsh.
9 days in a row is still less than 2 weeks sickness based on a 5 day week, this sounds very harsh unless your attendance record is already poor
I agree - sounds unreasonable. Does your company have a grievance procedure?
Question Author
i had 1 day in july and 8 days in nov.I had bronchitis the last time.i work 30 hrs over 4 days for well known high st retailer.that is all the sicktime ive had
Is the written warning to do with your attendance record? Is that what it states? Normally a set number of days off sick in a month/year etc will trigger a warning or at least you'd be questioned about it.

Where does the pay rise or bonus come into this situation? I can't think that any company would guarantee a pay rise or bonus each year, most will state that they will review your salary each year.
are u punctual?

no=one is entitled to a pay rise, its not in your contract i`m sure. why would u think u deserve a bonus? did everyone else get one? ask around at work
Question Author
these are only days ive ever had off sick.disciplinary letter states you will not receive a salary review in the next 12 months as you have a written warning.For me this means waiting until oct 2009.i am always punctual they totally disregard drs notes
Right now we are getting towards the bottom of this. It is probably company policy that you cannot have a salary review or a bonus whilst on a written warning. That doesn't seem like a very sound HR policy, but it's not illegal.
Now let's get back to the reason for the warning. Is it for your attendance? Does your company have a grievance procedure (which is the route by which you may be able to challenge the warning). The route to solving the second two issues is by getting the Warning overturned.
Question Author
yes i am appealing against their decision why a year not 3 or 6 months? they say theyve taken drs note into a/c how? i believe they are concerned with absence and not sickness.can i take family into appeal hearing and how long before i am notified of hearing date?

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