Not getting a pay rise due to ME/CFS struggles

[Hayley97]

Hi all,

I was wondering if you could help me.

I was diagnosed with ME/CFS last year and it is fairly new to me.

I am on an apprenticeship and my pay is supposed to go up every year.

I was passing all of my exams and doing fine, but then I had a relapse and the brain fog was so severe that any revision I did was like reading a book and being stuck on the first sentence for 3 hours. This impacted my exams as I was struggling with my concentration. As a result, I failed 2 exams.

This meant that I could not go onto the next level of my studies and have essentially dropped back a year.

My peers have all received a pay rise and I have not.

I was wondering what people's thoughts were on this as I can see that I have not passed as many exams as my peers, but at the same time I feel it unfair that I am being penalised for battling with my health issues. Despite my struggles, I have still managed to show to work/college every day and have received really good feedback from my managers. I brought this up with my manager and have now been offered 50% of what I should have got. So my peers are all earning more than me, despite being in the company for the same amount of time.

Should I appeal this?

 

[maybe some day]

If the pay raises based on the exams, then I would not appeal it. You're quite fortunate you're able to work and get a raise. Some of us can't even fathom working. More often than not, this illness makes us not employable

 

[boombachi]

@Hayley97, I am not trained to give legal advice but I do have experience of supporting people with disabilities in work.

I expect your pay increase is linked to your progression in your studies. I don't think you are likely to win an appeal.

It does seem desperately unfair when you have a disability how many things you have to struggle for that healthy people take for granted. You need to see this from a business perspective too. Your employer is investing in your training and wants something in return.

You have done really well to maintain your employment and a good relationship with your boss despite your health condition. Does your employer know about your diagnosis? Is there anything that can be put in place to support you? (E.g. flexible working, somewhere to go and lie down on your breaks?)

If you live in England, you may be able to access support to negotiate these things with an employer. Your GP should be able to let you know if there is a service in your area. Citizens advice can tell you your rights. I only know what is available in UK but Google disability rights or employment support.

Please take care of yourself in these early days. It is so hard to balance your health with training and education opportunities which we often feel won't be available to us later in life.

 

[Hayley97]

Thanks for the advice. I was thinking along similar lines. I forgot to mention that I was medically advised to not re sit my exams in the year I failed them (hence why I have ended up dropping back a year). I am 21 but I fear that my condition may get worse or I may suffer another relapse and be put back further.

In reply to @maybe some day.. I know I am fortunate to have kept my job.. but it has not been easy at all. I am not fully bed ridden, but if I am not at work I am normally in bed. My job is a desk job, I get lifts in every day, and I work from home one day a week. My social life is non existent and I often go straight to bed after coming home. Yes I have my job.. but only because I put every single ounce of energy into it which often results in me being physically ill.

 

[Hayley97]

@boombachi Yes, my employer is aware of my health. Also, I forgot to mention that it is not in my contract that the pay rise is linked to exams. I have a generic email from when I started stating that the rise is in line with feedback from managers and exam passes (other people have failed their exams and got pay rises).

 

[boombachi]

@Hayley97 that puts a different spin on things if others have not passed and got pay rises. Your manager should be very clear with you about why you haven't got a pay rise and what you need to do in order to get one.

If you are a union member, they can be really helpful in bringing employers into line. If not, I would join one now. You can't get help with existing complaints but if things get worse you have some back up.

Some employers have an employee assistance programme which includes legal advice or if you or your parents have house insurance it might include legal advice.

If you are in the UK you can contact ACAS on 0300 123 1100 for advice.

I hope you manage to either resolve this or come to some peace about their decision.

 

[Kiara]

There has potentially been some indirect discrimination here by applying policies or procedures that have put you at a disadvantage based on your disability.... depends... do you like in UK? X

 

[Hayley97]

Yes, I am in the UK. Nothing about a pay rise is in any of our contracts, but it was mentioned to us from the start what our pay rises would be. They have been awarded to everyone else on the scheme except me.

 

[Kiara]

Ok. So... in UK you are entitled to adjustments based on disability... in work this can be a Change of policy, deadlines, work tasks, location, sickness triggers etc. Your work does not have to be informed of your disability... however if they are it is a lot more straight forward for them and you. Work on the other hand can no longer say ‘but you should have asked us ahead of time for that...’
You should not be held back from a pay award or increment because of your disability.
You can speak to them about this... but would recommend representation ❤️

 

[boombachi]

I have found ACAS really helpful in understanding if employment law has been applied correctly. See above for phone number. It can take a while to get through but worth the wait. Make yourself a cuppa, put your phone on speaker and plow through a few levels of candy crush while you wait.