work : hi just heard today that my... - Oesophageal & Gas...

Oesophageal & Gastric Cancer

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margie1 profile image
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hi just heard today that my employers want to cut my hours from full time to part time.....had a report from occupational health that says i cannot push a wheelchair or manual handling but will be able to fulfill all my other duties in time. I have been back at work since June and started back full time then my manager cut my hours as the nurse said i am suffering fatigue from the chemo. I know i get tired but think things are being over exaggerated i understand they have to protect the students and myself but i know i am capable of doing my job apart from the wheelchair pushing. they have been saying for along time now that they want to get rid of the 32.5hours contract and so i believe they are using my operation etc as an excuse to cut my hours to part time. i cannot afford to cut my hours as i still have a mortgage etc I walked out of the office and spoke to the union rep who will be going with me to the meeting tomorrow. I will keep you updated

Marg

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margie1
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14 Replies

Margie keep us posted on this..but you may want to seek legal advice too.

They can not get rid because of your fatigue, which is caused by your treatment! If anything you would expect your company to be sympathetic.

You could also get a letter off your doctor explaining your fatigue and side effects to chemotherapy . Hope all goes well x

Bernadette profile image
Bernadette

I am horrified that your employers would do this to you. Please keep us informed. You have done so well and now you are being hit by this blow..disgraceful.

margie1 profile image
margie1

Thank Bernadette I should be having another meeting today with my manager and HR manager will keep you posted x

It may be a little bit of help to show them the Employers Notes opa.org.uk/pages/factsheets...

I have complete sympathy for your situation because it does take a long time to recover from these operations, and the system in employment law does not really cater for this, especially when employers are under pressure to 'gain productivity' etc where they can. The only thing I can think of is that it might be worth researching whether being treated as temporarily disabled from doing the full range of physical tasks might bring some other legislation into play.

I think it was a good idea to consult your union rep.

The general trend is that people who have this treatment generally do not manage to return to doing the full physical side of their jobs afterwards, often because the stamina gets affected; but also because physical bending can affect the position of the stomach, especially after eating.

Danko profile image
Danko

Hi Marg. Sorry to hear about this. I am working about 20 hours per week and am getting ESA (Employment and Support Allowance). I'm not sure how long I will be getting this for and if it will be taxed but it helps a lot. Best of luck. Martin

margie1 profile image
margie1 in reply to Danko

Thanks Martin do you know if i reduce my hours to part time would i be able to claim ESA?

Danko profile image
Danko in reply to margie1

Hi Marg. I don't know how the rules work. I first applied for ESA when I started chemo in April 2012 and was working part time up to my op in July. I was paid about £105 per week ESA and this has continued to be paid through the period when I was not working at all and is still being paid now that I am working about 15 hours per week. I am self employed. I made my initial claim through Job Centre Plus and seem to remember doing it all on line and by telephone. Maybe I was lucky but they were very helpful and efficient!! They regularly asked for an update of my circumstances but I haven't heard from them since March. As they are still paying me I am happy with that!! Hope this helps. Best wishes, Martin.

strangetimes profile image
strangetimes

mumsnet.com/Talk/mumsnet_q_...

not up to posting much ,but have a read through above .

DaveChuter profile image
DaveChuter

Hi Marg,

Contact and Register with Citizen Advice, ask if they have a MacMillan office / support worker or contact MacMillan direct.

There are certain employment regulations in place for cancer and other long term illness patients which may be helpful.

Please keep us posted.

Good luck and Kindest regards,

Dave C

davek2013 profile image
davek2013

Hi Marg,

For what it's worth as well as being a new member of this exclusive club, I also work as a senior manager in the NHS.

I know from working on that side of the fence that the Disability Discrimination Act requires all employers to make reasonable adjustments where the DDA applies. Your report from Occy Health should have a tick box on it which states whether or not the DDA applies. If the box hasn't been ticked, I strongly recommend that you challenge OH quoting this link cancerresearchuk.org/cancer...

There will always be arguments over what "reasonable adjustments" means. Just politely stand your ground and don't take any cr*p from anyone.

Keep your cool, don't walk out or do anything which would give anyone an excuse to dismiss you and take legal advice. I'm in Unison and they provide free legal advice to members - Unite and the other unions do too.

Good luck!

Dave

margie1 profile image
margie1 in reply to davek2013

Thank you Dave this was a great help- they finally agreed i would keep my full time hours but...this week having started on full-time hours working everyday my timetable has changed for the worse!! Knowing my position my manager has given me Mondays, Tues, and Wed going out with students walking catching bus's etc and Wed, Thurs afternoons i am in the kitchen supporting students in cooking which means i am standing for 3 hours each time. No other staff goes out or works in the kitchen as much as i do, some staff have said she is bullying me to get me to go off sick again so she has an excuse to finish me or to make me so tired i will reduce my hours. I do feel as if i am being victimised but how do i prove it?? all this is stressing me out, all i want to do is to go to work and be treated fairly

marg

jay2908 profile image
jay2908

I also had a friend with cancer who was having issues with her work/role. I agree with Dave and the DDA and the mention of this to your hr should help significantly. Good luck and let us know how it goes.

Jay

margie1 profile image
margie1

Hi Thanks everyone for all your replies, i had another meeting on Friday and they came up with all excuses of why i should cut my hours...but i stood my ground and refused to back down, my union rep was very good they kept nit picking at anything...any way they have now said they will phase back into my full time hours after half term break ! woohoo but i have to have a risk assessment done with every session as they have said i may be a risk to students !!! but i am so pleased i have won another battle yeyyyyyyy

Marg

margie1 profile image
margie1

Thank you this was a great help- they finally agreed i would keep my full time hours but...this week having started on full-time hours working everyday my timetable has changed for the worse!! Knowing my position my manager has given me Mondays, Tues, and Wed going out with students walking catching bus's etc and Wed, Thurs afternoons i am in the kitchen supporting students in cooking which means i am standing for 3 hours each time. No other staff goes out or works in the kitchen as much as i do, some staff have said she is bullying me to get me to go off sick again so she has an excuse to finish me or to make me so tired i will reduce my hours. I do feel as if i am being victimised but how do i prove it?? all this is stressing me out, all i want to do is to go to work and be treated fairly

marg

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