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Cancer: Your Rights as an Employee

By: Abigail Taylor - Updated: 20 Sep 2017 | comments*Discuss
 
Cancer Work Disability Discrimination

Most people suffer a sense of deep shock when they are told that they have cancer. Many choose to confront this potentially life threatening disease head on, and try to continue their life with as much normality as possible. For many, this also means choosing to keep on working. Others find that they need to keep working as much as they can for financial reasons.

Support from your Employer

Employers should be understanding about the fact that you are going through a very stressful time and should relate to you in a supporting manner to help you cope with the cancer and its treatment.

Before Treatment

Before treatment, it's often difficult to know just how the treatment may affect you, and it's helpful to let your employer know this so that they are aware that you may need to change your work plans at short notice.

You may need to contact your employer out of office hours, so it may be worth asking if they are prepared to give you contact details in case you need to contact them out of the office. Most employers will be happy to give you their mobile number, or an email address they can remotely access.

Communicate with your employer or HR manager; they may be able to make changes to your duties and your working hours to enable you to continue working throughout your treatment. Understandably, some employers may not have had any experience of dealing with an employee with cancer before, so the more you communicate with them, the more they can try to support you in the best way possible. It is likely that you will need to take time off work for treatment and recuperation during your treatment. This time off can be taken as:

  • sickness absence
  • an agreed reduction in working hours or days per week (for example if you need to attend a weekly hospital appointment)
  • paid holiday
  • a combination of the above

Your employer or HR manager should be able to give you all the information you need about your company's sickness policy and how much paid and unpaid leave you are entitled to.

Reasonable adjustments

Your employer must by law make reasonable adjustments for you to ensure both your safety at work, and to enable you to continue working with an illness if you wish to do so. What constitutes 'reasonable adjustments' will largely depend upon your type of employment. For example:

If employed in a factory - can you do your work sitting on a stool rather than standing so it is less tiring?

If employed in a restaurant - can you take your break in small chunks more regularly, rather than a full hour at once?

Some adjustments can be expected to be considered across every role however. These include:

Reducing your working days to work part-time

Altering your working hours (for example to start earlier and have a longer lunch break to enable you to attend local appointments during this time)

Altering your working environment to make your work less tiring in some way - for example locating you next to equipment you need, or providing a trolley to reduce the need to carry heavier items.

Discuss adjustments with your employer

You should discuss any adjustments that you feel would benefit you in dealing with your illness with your employer. Whilst your employer has a legal duty to make reasonable adjustments, the onus is on you to tell your employer what you feel you need, or what particular aspects of your work you are finding challenging. Identify any problems to your employer so that they are aware of these issues and can consider solutions with you. Be aware that your employer may be unable to offer an adjustment (for example starting earlier), but they should explain their reasons for not allowing any requested adjustment with you. Just because a requested adjustment is not made does not make it unreasonable.

Privacy and Confidentiality

If you tell your employer you have cancer but don't want your colleagues to know, your employer should respect your wishes and not discuss your illness with anyone without your permission. Union representatives and HR managers should also observe your privacy and not pass on any confidential information about you. Occupational health staff are bound by the patient confidentiality code of all health professionals and so will not tell anyone about your illness without your express permission. Whilst many people don't want "a fuss" or sympathy, you may benefit from the support of your colleagues. This may also prevent awkward questions later on if you have to take a period of absence, or for example lose your hair due to chemotherapy. However, if don't feel you can discuss your illness with colleagues personally, your employer or HR manager may be able to do this for you in an agreed sensitive way, such as in a staff meeting or via staff bulletin emails, at your request.

Disability Discrimination Act 1995 (DDA)

Now superseded by the Equality Act 2010 but the same principles apply, under the DDA, it is unlawful for an employer to discriminate against a person because of their disability. Everyone with cancer is classed as disabled under the DDA (due to this being a long-term illness) and so is protected by the Act.

The DDA also covers workers who were disabled in the past, even if they are no longer disabled. A worker who has had cancer in the past, but is currently in remission or is now completely cured, will still be covered by the DDA even though they may no longer be receiving treatment. Therefore, an employer cannot discriminate against a person for a reason relating to them previous having cancer.

The following scenarios may give you cause to report your employer for discrimination. If your employer:

  • Does not making reasonable changes so you can carry on doing your job
  • Gives you a warning for excessive sick leave without making allowances for your cancer
  • Suggests it would be best for you to stop working
  • Dismisses you for a reason that might relate to your illness
  • Demotes you
  • Overlooks your promotion case because of a reason related to your cancer
  • Chooses you for redundancy because you've taken more sick leave (due to cancer) than others
  • Does not allow you time off for medical appointments

If you feel that you are being discriminated against at work due to currently or previously having cancer, you can do something about it. The steps you can take are:

  1. complain to your line manager or area manager
  2. formally complain using your company's grievance procedures (which should be available upon request from your line manager)
  3. take your employer to an Employment Tribunal

If you think you have been discriminated against, you should complain as soon as possible after the discriminatory act takes place, or after the period of discrimination ends. If you wish to take your complaint to the Employment Tribunal, you have three months from the date of the discriminatory act, or end of the period of discrimination to do so.

Further information regarding your rights under the DDA and more useful advice is available in our article Disability at Work.

After Cancer Treatment has Finished

Whilst most people often expect to be 'over the moon' once their treatment has ended, and feel that they can put their illness behind them. For others, it can often be a difficult. Some people, quite naturally, can have fears about the cancer returning and may feel quite depressed. Usually these feelings diminish over time, but there is support available. Speak to your GP about your concerns, and if you feel it will help, speak to your employer or HR Department to explain that you are still recovering. Cancer is a difficult illness that, along with treatments such as chemotherapy, has a huge draining impact on your body. Do not therefore think that you have to be back to full fitness immediately; as long as you communicate with your employer, they should understand.

You may also need to make your employer aware that you will need to continue to attend your GP or hospital for check-up appointments intermittently for a few years after your treatment. You are entitled to take time off work for these appointments. However speak to your employer about these, as you may not be entitled to be paid for time taken off work for this purpose unless it is part of your holiday entitlement.

Research has shown that people who have had treatment for cancer are as productive, or even more productive, than people who have not suffered from the illness. It has been shown that they take less time off work than other employees and, even though they may have lasting effects from the treatment, they still work extremely hard and effectively.
If you are being interviewed for a new position and you are asked about whether the cancer might inhibit your ability to do the job (even though you may have been cured for some time), it can be worth pointing these facts out. Cancer survivors often have an incredible strength of character and ability to deal with stressful situations which would make you an asset to any employer.

Remember, failure to hire you for a role on the basis of you currently or previously having cancer is discriminatory, in the same way as not hiring someone because they are gay or from an ethnic minority group.

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Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
Tam - Your Question:
I started a new job last week. My first day I asked if it would be ok that I that I have the following Thursday & Friday off as I have drs appts scheduled. Office manager said she would speak with owner. Come Monday I asked she spoke with the boss/owner. She said unfortunately we were short on people and booked solid (work for cleaning co). I explained I was a cancer patient doing clinical trial and I couldn't change appts for the following week as my Dr will be out all week. Still wouldn't budge. I think I'm definitely being discriminated against. I felt as if I had to resign rather then be fired for being a no show. I even tried a compromise of combing my scans and lab/ers appts for one day and work on keeping the job. She asked if I would like for the owner Annemarie to call me so I could speak with her. I never got that phone call. Would should my next step be?

Our Response:
It might have been advisable to inform the company at the time of your interview that you would be unavailable during the following week. If you feel you have been discriminated against because of your cancer/disability, you should follow the steps advised in the above article.
SafeWorkers - 22-Sep-17 @ 2:28 PM
I started a new job last week. My first day I asked if it would be ok that I that I have the following Thursday & Friday off as I have drs appts scheduled . Office manager said she would speak with owner. Come Monday I asked she spoke with the boss/owner. She said unfortunately we were short on people and booked solid (work for cleaning co). I explained I was a cancer patient doing clinical trial and I couldn't change appts for the following week as my Dr will be out all week. Still wouldn't budge. I think I'm definitely being discriminated against. I felt as if I had to resign rather then be fired for being a no show. I even tried a compromise of combing my scans and lab/ers appts for one day and work on keeping the job. She asked if I would like for the owner Annemarie to call me so I could speak with her. I never got that phone call. Would should my next step be?
Tam - 20-Sep-17 @ 8:22 PM
I've been diagnosed with secondary breast cancer to my bones. I've been off work for 12 weeks and wanted a phased return which school have agreed to but 2 weeks in I'm starting on a new drug that may cause low blood count and infections but because I work in a school may have to go on sick again. Will I lose any ask pay if I'm sick while on phased return.
Te123 - 6-Sep-17 @ 7:23 PM
Dusty - Your Question:
I was diagnosed with leukaemia in January 2015 and have been on medication since in may this year 2017 I was 60 and asked if I could reduce my hours but was told by manager we'd love to but can't yet there are people who I work with perfectly healthy that have had their hours reduced I feel this is bordering discrimination am I right?

Our Response:
Your employer has a duty to make adjustments to assist with your condition, if you are suffering from any condition covered by the Equality Act. Follow the steps advised in the above article in order to take this further.
SafeWorkers - 17-Aug-17 @ 1:49 PM
I was diagnosed with leukaemia in January 2015 and have been on medication since in may this year 2017 I was 60 and asked if I could reduce my hours but was told by manager we'd love to but can't yet there are people who I work with perfectly healthy that have had their hours reduced I feel this is bordering discrimination am I right?
Dusty - 16-Aug-17 @ 3:07 PM
My wife has undergone breast cancer surgery in february. Has now had her full chemo and is going onto radiotherapy. She has just been told her hours at work are to be cut in half or offered redundancy. Not bexause of the cancer/treatments but because the company is changing the job role so she is not the only one who is affected. But she has been given 2 days to decide...redundancy or cut her hours. Can she take longer to make her desicion.
Geeman - 15-Jul-17 @ 12:48 PM
I am currently on gardening leave after being made redundant & I have just found out that I have a type of throat cancer. Am I entitled to anything from my employer ? The contract doesn't really state about helping employees whilst off ill
TDH - 10-Jul-17 @ 8:07 PM
I was diagnosed March 2016 with bilateral breast stage2 cancer and ovarian. I worked between chemos up to my 3rd, when I became neutropenia, I was in hospital for a week, my company suggested I should stop as my role is visiting GP and Hodpital clinics. I finished Chemo in August and had bilateral mastectomies, I then had 4 weeks of radiotherapy in January followed by a hysterectomy and scalping oopherectomy and returned to work in May for 4 months as my next surgery is due in September. I was subjected to an out burst by my boss last week who said he wasn't sure if I should be back and the job I have now is not the job I left, they have promoted someone on a lower grade and given me a less important role. I also had a training manager tell everyone in the company that I had been on maternity leave? So upsetting, please advise .... thanks
Dunnster - 10-Jul-17 @ 7:33 PM
I had breast cancer surgery in 2015 and am still on medication to stop the cancer returning which is called adjuvant therapy. I had reconstruction surgery in Jan 2017. I work in a secondary school and during my return to work interview it was agreed I need regular breaks due to side effects of the meds and for fatigue. HR are now saying I should be doing supervisory duties before school, two break duties and two lunchtime duties. I won't be able to cope if I don't get a regular break. I feel the deputy head has been involved in this as I am a union rep and have had to bring up concerns for other members of staff regarding having a twenty minute uninterrupted break at lunchtime. I can't prove any of this but I was suddenly informed I need to do these duties a short while after my concerns were raised. Regular rest breaks should be reasonable adjustments surely? They are now saying I need a gp medical note if I can't do it. The HR person slots said 'you can either do the job or you can't!'
Wendy - 2-Jun-17 @ 5:03 PM
My husband had cancer last year for which he had chemotherapy and radiotherapy which made him very poorly, but I'm pleased to say it killed the cancer. He was signed off work by doctors in the February but chose to return to work this January. His return was staggered but he's now full time again and is capable of doing the same work as before the cancer. Although the company were fair with him whilst off sick, since returning full time he's feeling frozen out and not allowed to return to work on the station he previously worked on, but has to work on there when a difficult job comes in that the others cannot do or cannot do as well as him,because he has the most experience. Is he being discriminated against. He's perfectly capable of the work but senses he's not welcome.
Jan - 18-May-17 @ 4:06 PM
FBCD - Your Question:
I returned to work in April 2016 after treatment for stage 2 cancer which returned as stage 4 a few months later. I have been off sick again since October should my employer allow me to carry over all my annual leave (April-April) when I return to work in a few months time?

Our Response:
Yes. While you're on sick leave you continue to accrue annual leave rights. So if you can't take leave because of sickness, you must be allowed to take it when you return to work, even if it means carrying it over to the next leave year. According to the European Court of Justice an employer can impose a time limit on carry-over (after which the leave days will be lost).The carry over period can be quite long e.g. over a year
SafeWorkers - 5-May-17 @ 10:40 AM
I returned to work in April 2016 after treatment for stage 2 cancer which returned as stage 4 a few months later. I have been off sick again since October should my employer allow me to carry over all my annual leave (April-April) when I return to work in a few months time?
FBCD - 4-May-17 @ 10:44 AM
Wamnny - Your Question:
Hi,I have recently been diagnosed with cervical cancer, I have told my employer and advised them that I have to have an operation to remove part of my cervix. Since doing this my employer has turned hostile toward me and even suggested that I postpone my operation to accommodate the annual leave that has been booked by other staff members during that period. They have also made me work longer hours to which I am not being paid overtime to cover the workload. Today I have had to continuously defend myself and my work because the manager has tried to single out administration errors and blame them on me. Once I have had the operation I expect between 2-4 weeks recovery time, today my employer said he finds it unreasonable that I am not able to return after 1 week despite my sick leave being unpaid. Can you give me some advice? I really can't give up my job despite how badly they have made me feel because of money and I am trying really hard to stay positive about it all because I know to leave my current employer would make life a lot harder especially trying to find a new job in my current condition. I do feel the way my employer is treating me is because of my age (I am 29) and I can't help thinking they are punishing me or trying to make me quit.

Our Response:
It sounds as though you have been discriminated against... cancer falls under the Equality Act and you can take action accordingly, but must act fast. Follow your doctor's instructions and have the operation and the recuperation as advised by them. It's your health and your life. If you employer penalises you in any way for this follow these steps:
Send a polite but firm letter to your manager about their treatment of you (mention the Equality Act if necessary) and then complain using your company's grievance procedures (which should be available upon request from your line manager or in your employee handbook).
If that doesn't resolve things, then take your employer to an Employment Tribunal (you have to contact ACAS first).To take a case to an Employment Tribunal, you have three months from the date of the discriminatory act, or end of the period of discrimination to do so.
SafeWorkers - 5-Apr-17 @ 10:34 AM
Hi, I have recently been diagnosed with cervical cancer, I have told my employer and advised them that I have to have an operation to remove part of my cervix.Since doing this my employer has turned hostile toward me and even suggested that I postpone my operation to accommodate the annual leave that has been booked by other staff members during that period.They have also made me work longer hours to which I am not being paid overtime to cover the workload.Today I have had to continuously defend myself and my work because the manager has tried to single out administration errors and blame them on me. Once I have had the operation I expect between 2-4 weeks recovery time, today my employer said he finds it unreasonable that I am not able to return after 1 week despite my sick leave being unpaid. Can you give me some advice? I really can't give up my job despite how badly they have made me feel because of money and I am trying really hard to stay positive about it all because I know to leave my current employer would make life a lot harder especially trying to find a new job in my current condition.I do feel the way my employer is treating me is because of my age (I am 29) and I can't help thinking they are punishing me or trying to make me quit.
Wamnny - 3-Apr-17 @ 6:00 PM
No-name - Your Question:
I don't know if this can happen. My mum is about to start for radiotherapy she now is clear from cancer. Her work is now saying for her to get sick pay she has to go back to work for a week to her scheduled hours, but the doctor has said she is unfit to work. So now they won't pay her in the new financial year, How can a company threat someone like this? If she went to work she wouldn't be insured? I'm confused.

Our Response:
We don't really know the background to your mother's sickness or time she's had off already, so it's difficult to help. It may be due to the periods of sickness she's already had. There is more information. She may need to call ACAS for more individual advice, or there is some information on this government page.
SafeWorkers - 28-Mar-17 @ 1:59 PM
I don't know if this can happen. My mum is about to start for radiotherapy she now is clear from cancer. Her work is now saying for her to get sick pay she has to go back to work for a week to her scheduled hours, but the doctor has said she is unfit to work. So now they won't pay her in the new financial year, How can a company threat someone like this? If she went to work she wouldn't be insured? I'm confused.
No-name - 27-Mar-17 @ 1:37 PM
SimonJ - Your Question:
Back in 2013 I had bowel cancer and underwent surgery and 6 months chemo. Unfortunately the cancer returned last year and I have just completed another 6 months of chemo.I am fit and well having had no symptoms this time round (it was found on my routine scans) and am eager to get back to work full time.My diagnosis is that I will not be rid of it this time, although the chemo controlled it. And I have a never say never attitude.My employer, doesn't know the complete extent of my diagnosis, is now saying they will not take me off sick leave until the get doctors confirmation that I am 'free' from cancer.Is this legal? What are my options?

Our Response:
What are their reasons for this? If they're not sure about your ability to do the job, your GP or consultant should be able to help with this. If they're preventing you from returning to work despite support from medical professionals they may be guilty of discrimination as details in the above article. Macmillan has a free guide here, that you may find useful
SafeWorkers - 27-Feb-17 @ 1:52 PM
Back in 2013 I had bowel cancer and underwent surgery and 6 months chemo. Unfortunately the cancer returned last year and I have just completed another 6 months of chemo. I am fit and well having had no symptoms this time round (it was found on my routine scans) and am eager to get back to work full time. My diagnosis is that I will not be rid of it this time, although the chemo controlled it... And I have a never say never attitude. My employer, doesn't know the complete extent of my diagnosis, is now saying they will not take me off sick leave until the get doctors confirmation that I am 'free' from cancer. Is this legal? What are my options?
SimonJ - 25-Feb-17 @ 12:43 PM
I have resently gone back to work phased return afther having breast cancer . I was doing ok but last week i wasnt very well and ended up in hospital i did all the right thinks by letting my employer know .i am on insurance from my work which i get 75 percent of my wages so i am trying to get back to normal .i resently was sent a employers support email from my operation manger and i saw a email from him to the insurance people saying that he thinks that i am struggling and that my job is two much for me which i think he is discriminateing against me he should be supporting me not trying to push me to leave. Just would like to know my rights as this comment is concered thank you from carole
Twoteas - 17-Feb-17 @ 1:47 PM
Can I also add my Union Representative thinks they will try dismissal but if they are successful it will be appealed sent to ACAS for mediation and if they fail to agree suitable working or financial package then to Employment Tribunal. He has a file which includes all correspondence, notes from meetings and telephone calls received from Macmillan, ACAS, GP, District Nurses and HR. I will ask my oncologist for specialist advice when I attend my impending appointment. They are all showing empathy and dissapointment that the Civil Service is employing these tactics.
Queenie1 - 14-Feb-17 @ 4:25 PM
They are insisting I return to work to start a phased return over 8 weeks after which they are stating I will be well enough to resume full time compressed hours including 3 saturdays in 4 and one week working 6 days in a row with one day off then 3 days with 2 days off. As I say I am suffering terrible side effects from the radical treatment I received Chemoradiotherapy. They have stated they have the right to overturn my Drs fit note and any Oncologists recommendations. I have worked for this organisation for 26 years but feel I am being 'set up to fail' and they seem hell bent on dismissing me with no financial redress. Advice would be greatly appreciated
Queenie1 - 14-Feb-17 @ 4:15 PM
Queenie1 - Your Question:
I was diagnosed with rare anal rectal cancer February 2016 I had chemoradiotherapy which ended July 2016. Following that I had scans, biopsies etc which took me to October I have been told I have cell dysplacia which needs a close eye kept on it I also have a lot of internal scarring which is still causing me terrible side effects with my bowels. My employer (Home Office) has kept in touch but 5 days before christmas I was invited to a dismissal meeting on the grounds of medical inefficiency. This was overturned (I have been on nill pay since August 16 and claiming ESA / PIP. I attended an OHS appt recently and the Dr recommended I may be able to take up some home working am with a couple of hours office based p.m. My current fit note expires 15th March but work are insisting I return now even though my GP is waiting for the oncologists report which I attend 9th March. He is treating me for severe rectal pain (due to scarring) with very strong pain relief and also needs some other bloodwork checking. My employer has threatened me with another dismissal meeting if I don't return to work now saying they have the right to overturn my GP's fit note (he has been my main medical carer since the start of the illness) he will not do this and when I telephoned OHS they stated their reports are not intended to replace GP / Specialist advice and I need to be re-referred as when they looked at the report there was no time scale. Can they dismiss me when I am still classed as receiving cancer related treatment?

Our Response:
We don't have enough information to give you really good advice here. Are your employers suggesting that you come in for a meeting to discuss your future or are they insisting that you return to work.
SafeWorkers - 13-Feb-17 @ 2:43 PM
I was diagnosed with rare anal rectal cancer February 2016 I had chemoradiotherapy which ended July 2016. Following that I had scans, biopsies etc which took me to October I have been told I have cell dysplacia which needs a close eye kept on it I also have a lot of internal scarring which is still causing me terrible side effects with my bowels. My employer (Home Office) has kept in touch but 5 days before christmas I was invited to a dismissal meeting on the grounds of medical inefficiency. This was overturned (I have been on nill pay since August 16 and claiming ESA / PIP. I attended an OHS appt recently and the Dr recommended I may be able to take up some home working am with a couple of hours office based p.m. My current fit note expires 15th March but work are insisting I return now even though my GP is waiting for the oncologists report which I attend 9th March. He is treating me for severe rectal pain (due to scarring) with very strong pain relief and also needs some other bloodwork checking. My employer has threatened me with another dismissal meeting if I don't return to work now saying they have the right to overturn my GP's fit note (he has been my main medical carer since the start of the illness) he will not do this and when I telephoned OHS they stated their reports are not intended to replace GP / Specialist advice and I need to be re-referred as when they looked at the report there was no time scale. Can they dismiss me when I am still classed as receiving cancer related treatment?
Queenie1 - 12-Feb-17 @ 3:17 PM
I'm trying to find out what I should expect to be receiving in pay as I started working for our company as a sewer in 1988 and worked my way up to supervisor, then to save money they only needed 2 not 5 supervisors.( all the time paying in to the PAYE) This time I volunteered to take a step back to charge hand. Since starting there i collapsed in Dorothy Perking in 1994 where they diagnosed me with a Brain Tumour grade 2 but I had biopsy then radiotherapy cos I told them my hand writing was difficult( 6 weeks worth) . Then in 2014 because they saw a change so 2015 Feb I had an awake operation and since then i have not been back to work, so the company called me in to see their Dr and he decided to sign me off for medical reasons. ( I'm still struggling with my balance )I know that they are calling me in before too long to tell me about it. As far as I know they plan to pay me 12 weeks and the rest of my holiday pay. They have been paying me holiday pay since I've been off. I thought I should get early retirement pay as it wasn't my choice to leave , I've worked there from 1988 18th January. So I need to know if I am due to this .
Triggy - 24-Jan-17 @ 5:49 PM
Five years ago I had saliva gland cancer. I had the lump and gland taken out and had 21 sessions of Radiotherapy. Since then I now have Radiation Fibrosis and fatigue. I work in a supermarket on home shopping, which have a pickrate. I have had support in the past as sometimes I struggle to get the highest rate, but now my mangers has involved Oc health and HR. And mentioned I may not be in the right role and if it does not in prove I may be taken off the job. I have worked on the department for 9 years
Billy - 17-Jan-17 @ 1:43 PM
May - Your Question:
I started a,new job in September. I,have to be on probation for 6 months until I can take time off. So as right now I will have no time off until March. I found out around Christmas time I have breast cancer. I will need 6 to 12 weeks off. I,wsd told today that I'm still on probation and that I will probably lose my job. Do I not have any rights. I need my job it will be hard enough not getting paid for 6 to,1w weeks. Can you help me.

Our Response:
While an employer can use sickness absence as a reason for failing a probationary period, in the case of cancer this might prove to be discrimination. Cancer falls under the Equality Act for discrimination purposes and you may be able to claim wrongful dismissal if you are dismissed/fail the probationary period on this basis.
SafeWorkers - 5-Jan-17 @ 2:26 PM
I started a,new job in September. I,have to be on probation for 6 months until I can take time off. So as right now I will have no time off until March. I found out around Christmas time I have breast cancer. I will need 6 to 12 weeks off. I,wsd told today that I'm still on probation and that I will probably lose my job. Do I not have any rights. I need my job it will be hard enough not getting paid for 6 to,1w weeks. Can you help me.
May - 5-Jan-17 @ 4:13 AM
My wife had breast cancer three years ago but has been suffering from excessive side affects from post cancer medications. She also suffers for anxiety. In April2016 her side effects became very servere. I called a meeting wither consultant who agreed to change her meducation. She started her new medication but had to visit her consultant six weeks later and then after another six weeks. She now has an oppointment in twelve months. She has suffered from servere head aches for the past two years her consultant ordera brain scan this came back ok. Her employer told her that she would only be allowed thirty minutes off for each hospital appointment. She work an extra two hours a day to make up the time for the hospital appointments. She becamevery stressed could not sleep only slept approximately two to three house a nightand in some cases were awake for up to thirty nine hours. She visited her GP about three months ago who signed her off sick. Increase her medication one to help her sleep and another ro ease the head aches. She returned back to work on Tuesday 6/12/2016 fazedback to work three hours a day for three days She has been told she will now have a disciplinary for her sickness. She was told the home visits constitute as the investigation and would receive a letter in the post invitingher to a disciplinary. She has ha excessive time of work but other than having the flu all other sickness is because of the lasting effects of having cancer abd the severy side effects if her medication. Yet again she us becoming stressed and her anciety is starting to kick in. As I am in management I for well the company is not following the correct procedure for investigations and disciplinaris.Could you please help and let us know what rights she has and what she can do. Is she still classed as disabled. Thank you for your time
Paulie - 8-Dec-16 @ 2:55 PM
Diagnosed 2014 with grade 3 breast cancer chemo, breast removal and radiotherapy, came through it while working given the ask clear January 2016. June 2016 re-diagnosed with metastatic cancer currently having treatment but finding things very hard still tried to continue working but my consultant and McMillan nurse have said its time to stop and enjoy the time I have. To claim early retirement through ill health I have to be off work,I received a letter telling me they are halving my wages and next year it will stop, so now not only do I have cancer having over me I have the fear of losing what money I do rely on. I have also been informed that it will take months to get my pension sorted out. I actually feel as the nhs want me to drive myself into the ground by returning to work,I have to say this is now making me feel even more ill with the stress.
Frankie - 3-Dec-16 @ 5:54 PM
I was diagnosed with NHL in 2012 and had chemotherapy and radiothetherapy.I relapsed a year later and had more chemotherapy which brought on a life threatening pneumonia. I have since then been on an immunotherapy drug which is keeping me going. I am on Esa and pip and do permitted hours of 13.5 a week I also have Smi for help with my mortgage. A week ago I received a letter from a Compliance officer who wanted to discuss some work I had done that took me over my permitted work. Not was only small amounts not huge and only 3 months. Since this I am extremely worried about things and today I have received another letter about my Smi. I am in the process of selling my house to buy something cheaper and more easier to hear and run. Can they just take all my help/benefits away?? ;-(
n/a - 2-Dec-16 @ 10:51 PM
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  • Mia
    Re: Can my Employer Fire Me?
    Hi I'm an assistant manager of a store and I was running the day I quickly nipped out to grab something was literally 2mins can I be…
    26 September 2017
  • SafeWorkers
    Re: Can my Employer Fire Me?
    Steve - Your Question:My employer (the local Council run leisure centre) is demanding, due to lack of staff and no intention of hiring…
    26 September 2017
  • SafeWorkers
    Re: Employment Probation Periods: What You Need to Know
    igle pigle - Your Question:Hi,I am 4 months in my employment. Probation period is 6months. I had my…
    26 September 2017
  • Gill
    Re: Sickness: Your Rights
    I've been off work for 3 months I'm being payed ssp I'm waiting on a diagnosis of fibromyalgia but my employer keeps sending me letters to…
    26 September 2017
  • Jade
    Re: Being Pregnant at Work
    I'm 9 weeks pregnant and have already told my boss I'm pregnant because I had really bad morning sickness, so if I did have any time of…
    26 September 2017
  • RCM25
    Re: Employment Probation Periods: What You Need to Know
    I have completed my probation period of 3 months and now after an additional 3 months on the job…
    26 September 2017
  • Keeno
    Re: Employer Has Changed My Shifts: What Are My Rights?
    I have been working for a company for 7 months on days and they are forcing me to do nights shift…
    26 September 2017
  • grrltsdy
    Re: Zero Hours Contracts Explained
    I'm on a variable hour contract which doesn't guarantee any hours however it states I must work weekends, surely this goes…
    25 September 2017
  • SafeWorkers
    Re: Zero Hours Contracts Explained
    Vonnie - Your Question:I'm on a zero hour contract, I need to clarify how many weeks rota should be done in advance? Currently…
    25 September 2017
  • SafeWorkers
    Re: Zero Hours Contracts Explained
    Cc - Your Question:I am 17 weeks pregnant on 0 hours. Are job is mainly cleaning. We get given a rota every Friday so are never…
    25 September 2017
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