I must stress this is NOT because of the operation, nothing has been diagnosed yet, but this is down to overall absence over the past 12 months. I had 6 weeks off following a non fault accident that I am still on pain medication for , and then time off from 8th October which is following a Thermachoice procedure which resulted in the pain and consequential discovery of this 11cm segmented cyst with elevated blood test results ca125 351.
I am being visited tomorrow by the HR dept and The manager to explain in more detail about my redundancy and how they can support me as I wont be fit enough to apply or be in work to look for other vacancies within the business. I work for a huge dept that helps disabled people. There may be other jobs I could apply for, with some flexibility they were explaining. If I am offered a whopping redundancy I may choose to take it and look for something new. I have worked for them for 8.5 years
Does anyone know if I would be able to claim benefits if I am not able to work if I am on chemotherapy?
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Langstonelady
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Are you a member of a trade union? If so, get in touch with them and ask for specialist advice. If not, contact Citizen's Advice. You need an expert to look at your situation, and advise you.
Hello, sorry to hear about your situation, you should be able to claim benefits, do you have a Macmillan nurse? They should be able to signpost to the relevant place, failing that if you call Macmillan free on 0808 808 0000 and they will go right through your financial circumstances & will definitely help you & support you. Hope all goes well.
I'm not so sure what your employer is doing is actually legal. You can't be forced into redundancy because of sick leave, and they are duty-bound to make 'reasonable adjustments' under the Equality Act 2010. You should quote those words in your meeting, and if possible take someone along with you. Ideally a union member, or someone who is prepared to ensure you get fair treatment.
Unfortunately this sort of scenario isn't uncommon. I'd be happy to accompany you as I've been a union caseworker and rep for some years just as a supporter. Tomorrow morning I'm involved with a case but your employer should give you adequate time to get representation anyway. Ideally you will have a union you can appeal to. They usually allow members to join and to have support straight away.
Please get in touch via PM if you think I can be of any help. What is happening is not acceptable and you shouldn't be worried at a time like this.
Maybe I should explain a bit more, hasty post. The decision has been made on a scoring basis, quality which I got top marks, performance over the year and the number of days absence and reason for absence. I dont know the scores for the others all I know is I am amongnst the 4 lowest scores in the dept and that means I am out. They are visiting me tomorrow and I think there are other things in the pipeline in the future but until I know more about my own condition I am stuck. I am being paid until 31st Jan.
This is alas fairly typical of how decisions are made in big companies. They almost always get it wrong. Please try to arrange an appointment with a specialist employment lawyer - usually several firms in each part of the country offer this. You can search the Law Society's website. Personally, I would record the meeting. I would also be extremely non committal in my response. Let them do the talking, you do the listening. If this takes place in your home I don't think you need to let them know you are recording the discussion. I use my iPhone in situations like this, thankfully few and far between. I'm an employer, on a very small scale - virtually everyone who works for us is freelance. We have a couple of people on rolling contracts, and we pay them when they are sick. Trouble is, locally we are known as a cushy number, but nevertheless, I've found it always pays to be good to people who work with you, because otherwise you are generating lousy PR. It's a two way street, though. In the situation you are in, you need to put yourself first, because your employer obviously is thinking in terms of numbers rather than people. If it's a big company, they can afford an extremely generous payment. In the long run, it's almost always cheaper to pay than face a tribunal hearing… Best wishes, Vicky.
Hi there.. You say that you are not diagnosed yet, but at this time, what you need is help and support. Here is a link to the MacMillan site which gives a guide to employers so they know what responsibilities they have towards you should you have a diagnosis of this disease. Anyone who has been diagnosed with cancer, even if there is no evidence that they still have the disease, is covered under The Equality Act 2010.
It's important that you do get professional help with this as others have said. You may want to be fair to your employer, yet your employer should treat you in a reasonable way too and being made redundant when you're in a vulnerable place is a very hard thing to cope with. There are procedures in place when redundancies are being made and an employer should be seen to be acting in a fair way. Sending you my best wishes Love Tina x x
Thank you Tina this is interesting, I will see if this could help me with my cause. It does get confusing because I was off sick to have a Thermachoice procedure then following this I was in a lot of pain which resulted in the ultrasound ct and referral to gynaecology team within 3 weeks, but during this time I was signed off sick. I think I will see what they say tomorrow when I have a home visit and go from there mentioning the Equality Act at the end, and ask them if I am diagnosed which will be whilst I am still employed by them , should this last abscence be disregarded under the Equality Act.
It's very informative. I don't know whether you're still covered if you might be diagnosed as you're going through tests even if you tell your employer knows the situation. That's why you need legal help before you speak to your employers. Like Annie says, it's good to have someone with you too. Love Tina xx
Just wanted to say how sad I am that you are having to deal with this on top of every thing else
Blimey, what a blow I agree with the others, I have been a union rep for several years and this doesn't seem right at all. Good luck with your meeting, hope all goes well xxx
Hold on, that scoring business does not qualify as redundancy. Under the law it isn't people but roles which become redundant. Which makes me think you *definitely* need to get specific advice to ensure you are being treated correctly. It may well be an inevitability -- but do make certain the reasoning and legal status, as this probably also defines exactly where you sit in the unemployment stakes, which might in turn influence benefits entitlements... You really need an expert to disentangle it, but Macmillan plus CAB should get you there.
Is it terrible to hope that an employment lawyer joins us on here in due course???
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I agree with the others, I have been a union rep for several years and this doesn't seem right at all. Good luck with your meeting, hope all goes well xxx
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