I have been employed by the same company for 3 years. I went off sick at the beginning of cc diagnosis last year and then was diagnosed with metastasis soon after I had the all clear. Work have so far been good in supporting me through my journey. I was entitled to 10 weeks pay and then received my Statutary sick pay until that also stopped.
I was originally diagnosed through private insurance which I am entitled to through my company. I used this as my local nhs hospital misdiagnosed my Cancer for nearly 2 years and also reported my original smear incorrectly as negative. I’m due to start chemotherapy in 2 weeks which my boss is aware of but she rang this evening to say she would like to come visit me to discuss terminating my employment as I’ve been off so long ? As my chemo is all planned and booked through my private insurance I’m understandably panicking now. Can they really do this ?
Hi Jooles, sorry to hear you have had such a tough time of it. I have not had personal experience of problems at work following treatment, since I was not able to return to my then job owing to debilitating tiredness. However, I know that Citizen's Advice can offer information on such matters as can Acas. Macmillan is a great organisation and has so much information available specific to those with cancer. Try this link, and then you can also ring for fuehrer advice https://www.macmillan.org.uk/information-and-support/organising/work-and-cancer/information-for-employees/your-rights.html. It doesn't sound right to me that your boss can just come over to your house for a meeting, particularly before you have more treatment. I hope you find some answers soon. Wishing you all the best.
I'm appalled and angry on your behalf. That's a crappy way to be treated on so many levels. I'm so sorry you have to put up with this on top of everything else.
I went to a 'Next Steps' day, run by Macmillan Cancer & the local hospital Trusts about two months ago. Something that I learned (and had absolutely no idea of before) might be helpful to you, but I think you need to get urgent advice from a trade union rep, Citizens Advice Centre (maybe the Macmillan People nationally could recommend someone you could talk to for free advice) or perhaps even an employment law legal person to intervene appropriately and speedily before your employer's actions get out of hand.
I'm quoting the following paragraph verbatim from a Macmillan slide I saw that day, referenced from http://www.macmillan.org.uk/documents/getinvolved/campaigns/working_throughcancer2010/equalityact2010.pdf
"When a person is diagnosed with cancer, they are automatically classified as disabled for the purposes of the Equality Act. This protection from discrimination continues even when there is no longer any evidence of the cancer. So even if the cancer has been successfully treated, employees will continue to be protected against discrimination."
Based on this, I really don't think it's appropriate for your employer to visit you at home, nor to discuss any aspect of your employment without you having a knowledgeable advocate to be there to document what is said and be certain that your employer is not in breach of your employment rights on the grounds of disability discrimination at the very least. It sounds as if you are being rushed, that your employers are (inadvertently, carelessly or perhaps even deliberately) taking advantage of you at a time when you might not reasonably be expected to know your rights or have the 'brain space & energy' to deal with them on an equal footing. The meeting will almost certainly have to happen, but it doesn't have to be at your home, without representation or advocacy on your behalf and so soon that you have no time to negotiate a reasonable and equitable outcome. Don't let them bump you into that!
I really hope this helps and you can get some solid advice on your rights and your employer's responsibilities to you asap.
Ok, this is appalling behaviour from your manager and has made me furious. Does your company have a HR department at all that you can speak with?
I'm in HR and so am just going to summarise a few bits.
Employees who are on long term sick can be dismissed HOWEVER there are factors that need to come into play with it. Usually when employers dismiss someone who is on long term sick it is due to other factors, namely the period of actual sickness has passed and the employee is delaying coming back into work - but even with this a process has to be followed and this process can take some time.
Long term sickness and especially one under a circumstance of cancer is a very delicate situation and so there needs to be sensitice handling. For a manager to call up an employee before they begin their treatment is disgusting, not only from a business ethics perspective but also from a human perspective. Also, from the moment you are diagnosed with cancer you are protected from disability discrimination in the Equality Act.
Your employer should be looking at this from the perspective of getting cover when you are off and helping support you as you recover. It may even be that in some instances you feel well enough to work and so arrangements could be put in place to look at this more flexibly. It seems that they are not even considering this.
If this were happening in my company and one of our managers had contacted an employee who was off sick with cancer to tell them they are looking to terminate their job we would be all over that manager like a rash and calling up the employee to reassure them that this woudln't be the case and that we would look to support them.
If this happened to me when I was off the first people I would call would be ACAS to inform them of exactly what had been said to me and asking them exactly what my rights were and how I could bring them to a disability discrimination tribunal.
As part of your protection under the blanket of disability discrimination you are entitled for your employer to make reasonable adjustments for your treatment and your time off for your treatment.
If I were you I would contact ACAS and inform them of everything and also speak with your HR department if you have one.
I am furious on your behalf. If you have any more questions or want anymore support from someone with a HR perspective then please PM me and I will be happy to help.
Thanks Gerry I’ve spent the last 2 days crying. I have informed my union the royal college of nursing and have a meeting with them next week. I can’t call my HR department as I believe it is my boss and the Head of HR that are coming to my home next week to discuss it with me. I will read the info you have sent me thanks so much xx
Thanks so much for your support I have a meeting with my union and have spoken to macmillan who all seem to think they can’t do this to me and have not followed protocol x
How disgraceful of your employer. I would second contacting ACAS. They were recommended by citizens advice when I had an issue with my employer during chemo, in the end I got a new job the second my treatment was over as I couldn't bring myself to go back there but if your outcome is termination either way you need to make sure you have all the resources available to you to make sure you get a fair outcome.
My Union did an excellent job and contacted my work on my behalf. The Head of HR was very apologetic and of course denied terminating my employment was in their mind at all even though I have a letter stating that was the intention from my boss ?
Anyway they have agreed I will remain employed for the foreseeable future and keep my medical insurance. They are happy to meet with me with the union present at a later date when I am feeling well enough. Thanks everyone for your support and advice through all this xx
I'm glad you had the support of your union and that things are now looking up on the work front. I wonder if your manager went 'rogue' which is what I call it when a manager does stuff without involving us in HR. There are many times when I have felt like taking up day time drinking because of it!
I hope all continues to go well and my fingers are crossed for you. If anything does crop up or you need a sounding board just message me as I won't mind! xxxxxx
