Hi, I was diagnosed with metastatic breast cancer last year and I have been through all the treatments and will always be in active treatment. I went back to work in September and I am finding it so hard so I put in a flexible working request to work from home instead of only working from home one day a week. They have refused me with the reason that they want my presence in the office, does anyone know where I stand with this and should I take it to appeal and a grievance as they really do not understand the impact that my cancer treatment is having on me even though I have tried to explain it. Thanks
4 Likes
Hi,
Sorry to hear that you’re in thus situation. I dont know the answer to your question but do know that cancer is protected under the disability act ans your employer has to make reasonable adjustments to support you.
Mcmillan cancer have a few booklets with employment information that may help you.
Good luck x
3 Likes
This type of employer attitude makes me mad. As mentioned above you have rights for reasonable adjustments. If you can demonstrate you can do your job from home, there really is no need for them to be difficult.
MacMillan a have a legal help line 0808 808 00 00 which might be worth trying.
1 Like
Thanks for this information I will definitely give them a call tomorrow 
1 Like
With respect you cannot know the reasons behind this employers decision not to sanction full time home working. It may be that the person posting holds a responsible line management job or it could be that as a well respected and valued employee, her presence is deemed critical as a role model for more junior employees.
it is always easy to show sympathy for the sufferer and to condemn employers as heartless. The OP gives no indication of her job and level of responsibility so it is hard to make a clear judgment. I do know that employers are finding life increasingly tough, especially those running small businesses and cannot always agree to home working. The best way forward is surely to find some sort of compromise as it is surely in the OP’s interest that her employer flourishes. I would also question whether permanent WFH is in her best interests mentally, but that is for her to decide.
2 Likes
Sorry to hear this. I would contact this organisation https://workingwithcancer.co.uk/
And have a chat with them .
Best wishes
3 Likes
My brother is a partner in a company and he works from home a lot now but he also said ( not in relation to cancer ) that it can be damaging to a team if everyone is working from home all the time . Apparently it harder for instance to assess the competence and progress of new employees - I know this doesn’t apply to you but are you perhaps a supervisor ? He also said that it can be harder to form a team / integrate new staff into an existing one when everyone is working from home . I’m playing devil’s advocate here - there may be other reasons why they want you in the office and I would say that at the very least you are entitled to a proper explanation - which they haven’t given you as yet .
As others have said I would advise contacting MacMillan and also your union if you are in one . They aren’t allowed to fire you just because of your illness but they could make it hard for you . I’m wondering if there’s any sort of compromise to be had here - they might not want to let you work from home all the time but maybe they would be happy to concede to you working from home two or three days a week instead of just the one. Xx
2 Likes
I hear your comments @teddy271 and I did mention reasonable adjustments, and yes each job has its own requirements. I understand an employer sometimes has to take the brunt, but in normal circumstances a successful business is making profits, only possible by the contributions of the workforce, so it seems fair they should provide support when the tables are turned. It is more difficult for smaller companies. My husband ran his own small business for 20 years, but decided to shut it down this year for similar reasons.
My thoughts tend to go back to Covid. Many companies found a way to work from home during Covid. It was either that or loss of business. I am a manager and for the past 4 years I have worked mostly from home (from Covid, followed by a couple of other health issues), with no direct impact on my work or my department. Obviously this may not be an option for everyone.
When you are ill, either physically or mentally you need support. This type of request is made by someone who wants to work. If they can’t cope with travelling to work etc.. they will end up taking sick days.
I interpreted her comments that her employer had been dismissive, hence my initial reaction. A fair and reasonable discussion is needed.
3 Likes
This is an interesting discussion and one that we don’t often see on this forum where our sympathies are immediately directed to the person who has cancer. With regard to the OP, I repeat that we don’t know what sort of job we are talking about. There are, of course, jobs where it is perfectly possible for the employee to work from home on a full-time basis, although I remain of the opinion that an emergency solution found during Covid should not be the role model for the future. People who never enter the workplace are depriving themselves and their employer of valuable interactive skills. In this case the employer has apparently given the reason that the OP’s skills are needed in the office and that does not seem an unreasonable position to me. I am sure we can agree that there is most likely a fair and reasonable compromise to be had in this instance, perhaps just until the OP’s health has improved.
Hi Em73, sorry to hear about your diagnosis, and also that you’re struggling with your employer. I have found over the years with my employer, that if I request anything (pay rise, flexible working etc) that if I demonstrate how I can be effective in a new way of working, that helps. You need to be able to reassure the employer that you can still carry out your duties effectively at home. You could ask for a trial period perhaps, to show that this is the case? You could make suggestions such as regular Teams catch ups and setting weekly/monthly objectives so you can demonstrate that you can still work effectively. That should show them that you are keen to still commit to the level of work, but that it’s the commuting you find hard. Have you asked them what their concerns are? It could be of course that they still say no, but at least you will have tried. Good luck with it anyway!
1 Like
I recently saw an @LBC legal hour with @danielbarnettlaw on Instagram talking about reasonable adjustments for someone who has a health issue and a doctors or occupational health letter that stated they should WFH. Other colleagues for a variety of reasons WFH. He said it was unreasonable of the employer to refuse if they had a health professional recommendation. Maybe contact them aswell?
I agree contacting working with cancer, MacMillan or Citizens Advice.
I hope you get some help.
1 Like
I am sorry your employer is ignoring your situation. They have a duty of care and must make reasonable adjustments for your situation. You are protected by law. I would suggest you request an Occupational Health meeting and discuss with them what would work for you. They can then assist in brokering a compromise that works for the business and for you. If you are forced to resign this could be breach of contract on their part.
1 Like
Hi,
I had a similar response from HR when I applied to permanently work from home, they allowed it temporarily (as the HR person assumed I’d get better as “cancer isn’t a permanent illness”!). I worked from home for 6 months and then applied for ill health retirement as I was getting more fatigued each day and recovering from work was harder. The same HR person processed my ill health retirement and said directly to me “wow I’m surprised you’ve worked this long with all this going on”! Talk to HR and your manager and explain the situation and ask for their reasons for declining your request as there may be a way forward without having to go to grievance procedures, it could be that your manager or HR may not understand and clarifying may change their stance or at least give you more days working from home if not full time.
Good luck
Spikey
1 Like
Contact occupational health or any employee assistance programme you may have. Get a decent risk assessment done.
I did & my employers have been pretty awesome tbh & have taken a hybrid approach, although I have not long returned to work and will still using this year’s leave to phase back until March.
At the very least you should be able to ask for increased multiple breaks if the don’t grant WFH. But you have to make sure you take them (I dont always & feel it as complete knackeredness in the evening - lesson for me).
I get it’s hard for employers to plan & run a business with, often, several requests for workplace adjustments. But in these days when employer retention is precarious, surely it makes more sense to have a frank & honest discussion with an employee who wants to work.
But saying that, it may come to a point where even WFH becomes too much for those in recovery or living with cancer, and “crossroads" type questions need to be asked of yourself. Something I am dreading - I work 1:1 & in small groups with kids in education. My employer & I have come up with creative ways for me to work. But. Due to my treatment for the next 3 years (& particularly the first year) my immune system will be shot & I will have potential long term fatigue/anaemia. It’s a decision I have to make as to whether full time wages are worth battling through the exhaustion for (even with really good adjustments from work) or whether I cut my working hours & take a pay drop (+ pension drop etc).
It’s a pretty crap decision to have to think about.
My top tip - keep communicating openly, honestly with employers.
1 Like
Hi Mabelmarm
before going part-time do consider what that will do to your pension and see if ill health retirement from full time is better for you in the long term. Your employer (assuming public education) should provide details of the policy, if your pension is accrued based on what you have earned each year and not just a final salary scheme it may make a big difference if you take ill health retirement in future!
Spikey
1 Like
I know, it’s a massively huge consideration isn’t it. I have a recording of the BCN speakers live sessions on cancer & finance to watch to see if there were any pointers in that.
If you’ve never been on any speakers live sessions btw, use them. They are superb!
I’m going to give working ft whilst on ribo a trial first - I actually love my job (+ the £ 
) and will do anything to keep it & to keep it full time. But at the back of my mind is always the “what if” demon.
I have another 10 years before I retire & just started additional voluntary contributions into my pension (just in case). But the whole pension thing does really worry me tbh.
Thanks for the heads up thing - money & cancer is something that is really not discussed enough. I have met folk living on their own on zero hours contracts with stage 3 or 4 cancers, and I just want to cry for them sometimes. Which puts dropping to pt into perspective for me - but it’s all subjective isn’t it.
X
2 Likes
Hi @em73 sorry you’re here 
seems you and I are in a very similar situation. I was diagnosed last Nov and off work till this Nov when I returned on a phased return, it was only 2 weeks after my radiotherapy, the alternative was medical dismissal!
I work for a local authority education setting in an admin role, I managed to get a letter from my oncologist and the occupational health assessor stating that returning to a public facing role could compromise my ongoing immunotherapy treatment (could you possibly do similar?) I applied for reasonable adjustment and a flexible working arrangement and after lengthy discussions will WFH on reduced hours (using holiday and TOIL acrued before sick leave) for 2 months. I have had a stage 3 hearing where the lack of empathy was so overwhelming it has made me re-consider if I want to carry on working for them even though I love my job. Cancer is now categorised as a disability so covered under the disability act, ACAS was extremely helpful and just a phone call away. Is there anyway you could be re-deployed? Reasonable adjustment states that your organisation can make adjustments to re-distribute work so that you can continue to work. It’s a minefield with all the correspondence and I found ChatGPT useful.
I am 9 years away from retirement age and want to make the decision to leave work not be forced, when so little is in our control it seems a small ask. If you want any more info just ask and I’ll help if I can x
1 Like
Hi em73.
I am so sorry you are having to go through this work dilemma . As we all know breast cancer is scary not to mention tiring from all the treatments . Hopefully your boss will work with you so you can get healthier and maintain some Normal everyday routine . I was diagnosed with breast cancer 1 1/2 years ago . After lumpectomy , radiation and now hormone blocker I am hanging in there . I have a dear friend who has metastatic breast cancer and her treatments are hard on her not to mention will be ongoing . You are still trying to work after all you have been through and still going through . I admire you and I’m pulling for you ! Praying your boss sees what a strong wonderful employee they have in you! I admire you ..
1 Like