Anyone had any problems with employer after they... - MPN Voice

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Anyone had any problems with employer after they were diagnosed?

NewBloom profile image
12 Replies

I was diagnosed Oct 2012, My employer told me they could no longer afford me due to my illness(PV/ET) they've attempted to change my contract and during appraisals they seems to be treating me differently to others in my team. I wondered how many of you have had any issues past or present ?

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NewBloom profile image
NewBloom
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12 Replies
Jo_L profile image
Jo_L

I have been very lucky - I now work from home and my employer gives me special paid leave for my hospital appointments.

I think that, if I were you, I would read up on the Disability Discrimination Act. PV and ET are classed as forms of cancer, and people with cancer are specifically protected under the act.

I don't know if you are in a union but, if you are, it would be well worth talking to them.

Hope this is of some help,

Jo

KevinJH profile image
KevinJH

I and a work colleague of mine who has leukaemia were told that from Jan 1st this year, any hospital appointments would mean us having to either take an annual leave day or a toil day. Before this, they were happy for us to take a paid day off. Cut-backs I guess; although grateful for what went before I would imagine having two people taking a paid day off from a multinational service industry that makes millions each year must really bite into their profits. Notwithstanding that, they have been and are quite supportive.

nurseannie profile image
nurseannie

Agree with Jo

Obtain advice from employemnt adviser as the condition would likely be recognised under the Equality Act therefore it would be expected that reasonable adjustments should be considered before any action taken.

light profile image
light

I would go to a good work related attorney and get advice. I believe that you/we are protected under discrimination act. Employers are getting far too disrespectful towards employees who are hard working people. If a pregnant woman cannot be fired then we too should be protected.

Magg profile image
Magg

Hi NewBloom It's so unfair to put this pressure on you! Some good advice has been given already. In my case, it was the Union and my Employer (Local Government) who persuaded me to see the occupational therapist (employed by the Council) who deemed my illness (ET)was covered by the DDA - Disability Discrimination Act. Initially, I was reluctant because I do not consider myself to have a disability. However, it meant that my employer had to be seen to be looking after my wellbeing and if possible, when I had more difficult days, 'make reasonable adjustments' to ensure the pressure of work did not add to my distress. Please ask me if you need any more information. Best of luck Maggie

Magg profile image
Magg in reply to Magg

Maggie again.....I meant Occupational Health not occupational therapy!

JediReject profile image
JediReject

Yes Hi Newbloom. Some good sound advice given above. Im late to the party and cant add much but just to say its totally out of order coz as pointed out you are protected by the DDA Sections A9 / 10 which state from the point of cancer diagnosis that 'you / we are deemed to be disabled without having to show that you have a impairment that has or is likely to have a substantial adverse long term effect on the ability to carry out normal day to day activity.'

Im guessing most employers would back off if this were put to them, because you shouldnt be disadvantaged. Whilst it can be used to protect peops rights in the workplace

unfortunately there is a clause which says it can't be used as an automatic right to claim benefits - just thought id throw that in. Good Luck and stand firm. Cheers

Michael56 profile image
Michael56

Hi Newbloom

I'm in a tribunal claim as we speak and have PV, one of the claims is under the DDA, the tribunal and Respondent have conceded I have a disability after I left my last employer in June 2012. It has been tough but worth it, don't give in to them, state a claim for disability discrimination, we are hoping for a settlement before our case in May as we have such a good case. Stick at it and don't be bullied,and good luckx

StuEP profile image
StuEP in reply to Michael56

Hi Michael56

I wish you all the best with your tribunal case. From what you've written I was wondering whether you knew you had PV, or more to the point - your employer knew - for the time you were claiming. I ask because I'm in a similar situation

StuEP profile image
StuEP

Hi Newbloom,

Speaking from my own experience (I've been there), I think it best to always try to keep on good terms with your employer as, legal stuff aside - you do have to work there every day. That said, even though these are tough financial times that does not give your employer an excuse to start mistreating you. You do indeed have rights under the Equality Act (formerly the DDA) and you should not be discriminated against.

So my advice is try to keep it friendly with your employer but do be firm about your rights. Don't let matters run on or they will only get worse. At the end of the day what you want to do is show them that you act fairly with them and you expect the same in return. Hopefully that way you will avoid finding yourself in an ever increasingly stressful situation, which will only make you condition worse. If you don't have union representation then I would highly recommend going to see the Citizen's Advice Bureau or a lawyer as soon as possible.

Best of luck and keep us posted on what is happening to you.

Marie95 profile image
Marie95

Hi Newbloom

Just wanted to add, Do you have a workplace Risk assessment at present? This would be very helpful in defining what, if anything, you may need reasonable adjustment in, You and you supervisor/Manager would have clear understanding of any issues,this would then be revisited twice a year. I found myself in the same position as Maggi - working for the Council and being told I was covered by DDA, by Occ Health, this gives you a paper trail of evidence, and supports your case if you need to go off sick, others have made some very good points - keeping positive lines of communication with your employers open is very important for you (if poss) for a less stressful enviroment. Let us know how you proceed, Good luck,stay determined, Also document everything that happens to you with Managment, , date ,time, issue, who etc..

NewBloom profile image
NewBloom

Thanks All for your support! I can confirm we are covered under the Act. I did offer to under take a Occupational Health assessment but this was declined. I also contacted my consultant asking for confirmation that I could work, she sent me a letter confirming I could work,I passed this on to my employer who has now agreed to let me stay on the current contract. I'm still waiting for the outcome on the other issue. Its sounding like some of us to indeed encounter issue's.........

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