Work

[Dismal]

My husband has been off I'll since July. Today he had a meeting with his boss and the upshot is that they want to end his contract and give him a relief contract. If he doesn't accept then they will go down dismissal on medical reasons. It's been a bit of a surprise and feels like Hobson's choice. I know that they can't keep his job open forever but it feels like another blow.

[hedgehoggy]

How long gas he worked there?

[Dismal in reply to hedgehoggy]

He's pried there for over 3 1/2 years

[Elaine141]

I am sorry to hear about this you need to seek legal advice and find out his rights. Check your mortgage repayments as you may pay a premium for legal cover and be able to get some this advice for free. I was made redundant in April 2017 after my husband was diagnosed with terminal lung cancer and was off sick due to stress and anxiety. Good luck and make sure you get what's fair for your husband. Also check what benefits your husband will be entitled to should he be dismissed from his employment due to his illness. Good luck and stay strong for each other xxx

[hedgehoggy]

As Elaine said get legal advice. I'm no expert but I thought if you have been over 2 years you could be entitled to something from your employers. Depends on company and contract but definitely look into it.

[RoyCastleHelpline Partner Ask the Nurse Roy Castle]

Sorry to hear about the work situation for your Husband. Macmillan support line have a dedicated team of welfare rights and financial experts who can go through everything with you, your legal rights, claims and benefits. Their number is 0808 808 0000

The following link from Macmillan support provides lots of information on work rights and payments -

macmillan.org.uk/informatio...

You could also try citizens advice bureau 03444 111 444

All the best

The Roy Castle Support Team

[Dismal]

Thanks all. I've contacted Macmillan

[Billcul]

Hi, Sorry to hear about your situation. I assisted in some research at University a few years ago, looking at how cancer patients (and those with other serious illnesses) could be enabled to return to their work, even on a 'light duties' way. This type of research is ongoing and most of the folk I spoke with were pretty positive about it. Might be useful checking with his Union, if he is a member.

[JanetteR57]

Sorry to hear about this - are you in the UK? Cancer is a disability discrimination condition protected under the Equality act so employers are not allowed to do this under employment law but should make 'reasonable adjustments'. I'm glad you're talking to Macmillan. Many firms are unaware what they should do and this summer I was pleased to see an international law firm offering training on this subject to their HR Professionals so may be worth contacting them and having a conversation. eversheds-sutherland.com/do...

Many lung cancer patients are now surviving years with treatment and beyond treatment so their policy makers need updating in what is an ever changing landscape as far as treatment and prognosis is concerned. It's difficult enough to get GPs to keep up to date so it's not really wonder that companies get this so wrong but you would think they would check out what they can and can't do before subjecting somebody to such additional anxiety at what is a very difficult time. Good luck

[Dismal]

I've been in touch with Macmillan who were helpful. Now waiting for a solicitor via my home insurance. Contacted his boss to see the contract and she wasn't pleased.

[Dismal]

Spoke to a solicitor who said that although morally wrong legally they could proceed to dismiss him if he won't change to the relief contract. Not what we wanted to hear but not a great surprise. Have contacted his oncologist to see if they could give an indication when he may be fit to return to work. Lots of crying again today and sleep not good

[Neil-SueD in reply to Dismal]

Despite bouncing back to work after a remarkably short time following surgery, I found myself in a slightly similar position to you with my employer. Despite the great contribution I'd made to the firm's success, I'd been written-off it seemed and they wanted me gone. My solicitor suggested I had a 50:50 chance of winning legal action against my employer, but, very wisely, he said that I had to expect a challenging and unpleasant fight and was I prepared for that? Knowing me fairly well and knowing the legal profession very well, he suggested that because I wasn't a conflict-loving guy myself, after all I'd been through with the cancer, I should take whatever route was kindest to myself and family. Also, do you really want to continue working for people who are trying to do this to you? The firm may possibly have some provision for redundancy (they'll NOT call it that) or pay-off once you start threatening them with legal involvement ... the latter being something that will cost them anyway don't forget.

Obviously, your financial position is important, but remember this; it's your well-being both physical and mental that matters and not a possibly harrowing fight with people you no longer respect. When I accepted defeat, so to speak, I was not particularly proud of it, but the feeling of relief was so very much worth it and my wife no longer had the torture of watching her dear husband being put through the mill.

Be wise, not angry.

Good luck,

Neil

[Dismal in reply to Neil-SueD]

Thanks for your wise words. His health and getting through treatment is the most important thing. Not fighting isn't necessarily a sign of weakness but can be a strength. Before this he had thought them a good employer but clearly not!

[Neil-SueD in reply to Dismal]

Quite right! Serious illness certainly sorts the good guys from the bad.