I had my surgery for cancer in both breasts 15 August 2014. Then in late October l had 3 weeks radiotherapy. There has been over things in my life as well as cancer as made me low. The radiotherapy left me badly burned and l had 6 weeks altogether off. My doctor wanted me to have another 4 weeks off and was concerned about my low moral. I got a call off work saying if l do not come in they would start dismissal procedures. So l have gone back to work feeling tired, sore and very low. Has anyone else been threaten with the sack and what happened?.
Hi melykins
It’s my understanding that you should be covered by the Disability Discrimination Act and as such you should have been able to discuss your return to work, including provision for a phased return (ie: initial reduced hours etc) You certainly should not have been forced into returning earlier than your doctor recommended on the threat of dismissal.
It may be an idea to phone and speak to someone at ACAS to discuss your situation. They will be able to clarify your legal position. I would think that you would have a good case for unfair or constructive dismissal if your employer were to dismiss you under the circumstances. x
Hi Melykins, ther is no post from you since 28 December, are you ok?
Just wanted to add to the previous post that as an employer myself we would not be able to dismiss someone who has provided a sick note as you now require a fit note from your doctor. We would be taken to Industrial Tribunal if we did what your employee is proposing. You cannot be forced to return to work if you have a sick note. Your employer can say you have to have Statutory Sick Pay if your contract does not stipulate that you have a sickness period. They also should have a procedure for returning to work after such an illness at which you both discuss options as you may feel that you are not able to return to your previous job, for example if it is a physical job. please contact ACAS they are there to help and it is confidential.
Hope you are ok
Hi melykins. So sorry to read about your problems with work and feel your treatment by your employers is very unfair. They definitely are in the wrong regarding your return to work and legally they cannot force you to return against your doctors advice. I finished my radiotherapyy just before Christmas 2014 and actually returned to work on Wednesday on a phased return. My GP wanted to sign me off until after February half term but I felt ready to go back. I only work 3 days a week anyway and I have started back doing 2 half days with a day off in between. It has come as rather a shock to be honest as I was absolutely exhausted and had a bad headache after doing half a day. I came home and spent most of the afternoon asleep but Friday was not quite so bad although I did fall asleep again when I got home. I have been off for 10 months altogether and I just felt if I didn’t go back I wouldn’t want to as my husband is retired so it would have been easy to join him. The school are suggesting I phase my return over 5 weeks but after the first week I am not sure if I will be up to 3 full days so soon. My GP said she would sign me off again if I found it too much but not sure how school would be with this.
I hope you get it all sorted out with your employers and they are not too difficult. If you belong to a union it may be worth speaking to them as they can often help you with this sort of problem. Good luck melykins x
Im so sorry you are bring treated like this …Don’t forget the Equalities Act (old Disability Discrimination Act) applies to our illness girls - Employers maybe need to be reminded of that. The Act considers diagnosis of cancer as a disability. Are you in a Trade Union as they should help you xx
Melykins, your employers are breaking all disability discrimination legislation. Join a union ASAP & either sue or ask for a financial settlement to your contract. Oh, & hold out for a higher amount than whatever they first offer. This type of thing is sadly all too common & it’s a disgrace. Sending big hugs, I hope you’re OK -x-
As an active trade unionist, I am appalled by your employers behaviour. Join a union FAST, and if you can’t do that try the local CAB, they are very skilled on this kind of thing. And look for a new job if possible, your employer doesn’t deserve committed staff like yourself. Your employers doctor/OH has absolutely no authority to attempt to over ride the judgement of your GP or consultant.
Good luck
Grumpy