I have a work situation, can anyone help?
I have a work situation, can anyone help? I’ve just had my first mammogram after treatment and I seem to be cancer free. Which is great news!
Just when I’m starting to get myself back together I’m having a bit of trouble at work and I was wondering if anyone could suggest anything or point me in the right direction?
When I got cancer my contact immediately changed stating that I didn’t get sick pay, when I did before. So I had no choice and had to work right through treatment, they have now changed the contract again and I don’t get paid for hospital appointments and have to provide a letter for proof!
For the past 5 months they have told me that I’m not doing my job properly, I’m in sales and I haven’t reached my targets. They still expected me to reach the same targets even though I had cancer and was going through treatment!
I have an appraisal next week and I am so stressed about it. They keep saying things like we don’t want to lose, but if you carry on as you are we will have to let you go. You are not performing and the company would run without you!
Surely I’m covered by the Disability Act but I’ve already brought this up in conversation and they take no notice.
Can anyone help or point me in the right direction. I think I’m going to lose my job!
xxxx
Dear Patsy88 It is illegal for employers to discriminate against people with cancer under the Disability Discrimination Act. You will find more information on the Disability Rights Commission website at:
Best wishes
BCC Host
Breast Cancer Care
Dear Patsy,
An employer cannot change your contract without your agreement, at any time, unless it is for a specific period. In any case I am sure that new terms and conditions should be negotiated. Check with Citizens Advice (you will have to be persistent to get an appointment out of working hours - but persevere - they are very helpful once you get in touch with the right person). They will confirm what are your rights as an employee.
Try to get or take notes at EVERY meeting you have with your Manager or HR department (dated) - if questioned about your note taking you could say 'I just want to have a reminder of what we all said, in case I get it wrong. They may even agree to check this - but keep the original. You then have something to refer to if necessary and the situation will not just be ‘he say, she say’ - which I know from experience can be interpreted in any convenient way.
I have found in my manager’s possession notes she made from a meeting with HR (which was held without my knowledge) at which the possibility of making me redundant at a departmental merger was proposed, but as this option was going to be expensive for the company they were looking for ways to dimiss me and HR suggested that my manager look for evidence of poor time keeping, tasks not completed to expectations (not always explained) or TIME TAKEN ON SICK LEAVE, (which consists of 10 days over the past 2 years), so that they can dismiss me, as this would be the cheaper option.
However, now I know what they are looking for and that someone in my office is running with tales and writing reports on me (without my knowledge) I have tried to tighten up my time keeping and use phrases in my 1:1 meetings with my Manager that are used in these secret reports (‘I am making great progress with that project’ etc.) but I realise that sales figures are not so easy to explain away. Perhaps you could ask that your sales targets reflect a reduction in your working hours (in writing to your Manager, copied to HR) and see what response you get. Save their response (they have to respond to a written request or you could send them a written reminder) as proof of their reaction.
Our HR department has recently tightened up on time taken for doctors and hospital appointments and they now have to be made before 10am or after 4pm - our core hours, or taken as annual leave. Not too easy to comply with.
Sit tight. GET PROOF OF EVERYTHING IN WRITING (e-mailed confirmations of meeting outcomes, interviews etc.) and keep a diary of everything that happens. Fight back, with support if you can get it and DON’T BE GROUND DOWN. (I guess most of your managers are men?). Your firm are looking for a way to save their money and not your welfare as a loyal employee. One day something unfortunate may happen to one of them.
Good luck with the rest of your treatment. Be UP and BRIGHT in public and let us know how you get on.
All the best.
MaryB
Hi Patsy,
I would also add that you should take a supportive collegue with you to every meeting [otherwise they can deny saying things], or if that is not possible then invest in a few quid and get a pocket tape recorder and record every meeting conversation.
With regards to any reports on your work abilities etc. you have a right to see any documentation that HR have on your work conduct, abilities etc. ask to have a look at your HR file.
Good luck, I know how stressful this sort of thing can be but you have to fight back, threaten them with cunfair dismissla etc. if necessary, employers will often back off if they realise that you will not meekly accept what they are trying to do.
Rgrds/Siggy
The ultimate answer is… Get yourself in a union as soon as you can. Explain your situation and I am sure that a decent union such as Amicus or GMB shall be able to support you.
You are definitely covered by the DDA, there is no question. We have had a similar situation with my wife who has BC. THey did the opposite and pretty much told her to stay away from work, replaced her immediately then quibbled over renewing her contract, notes from GP etc.
My work have been the same, insisting that I use up all holidays to attend hospital appointments and not to take unpaid leave. In total I have had three days unpaid because of this. I work with people who have had more time off for a cold!!
The bottom line is that people will only do what they know they can get away with. If they know they can bully you, they will. You have enough to deal with at the moment. I would get in a union, and make a case for bullying in the workplace. They will soon change their tune!!
You are entitled to have representation at any meeting that is a one on one. If you want to be awkward, demand this.
I am sorry to hear of your situation, but it infuriates me to hear about people being treated like this when they have this going on in their lives.
In one meeting, I asked my boss, if your wife had cancer and felt like this, would you be happy to let her go to chemo on her own? What would you do in my situation? Would you prefer her to go by bus or mini cab?! It was better than pulling him over the desk!
Sorry I have gone on a bit, but I could rant all day!!
I hope you are all having as good a day as you possibly can.
Hubby
Keep fighting! Hi Patsy
When the company that I worked for found out about my situation pressure was also put on me to finish. To make it worse they were my family. I had a lumpectomy followed by radio and I used to travel to Clatterbridge every day then had to go straight back into work. Instead of making my work load lighter it became heavier, and no matter what I did it was never enough. So to cut the story short, I found another lump just after finishing radio and had a mastectomy followd by chemo.
From that day my family never spoke to me and I had to take legal advice, (I had no contract of employment and we were a small company so I had no union) In the end it was settled out of court, but it would have been much better if I had received a little care and consideration.
I think that you are fully covered by the DDA and you should look into it further. I think that had I not been in the middle of chemo I would have gone to court, but in the end I just wasnt up to it.
I did make notes of everything that was said (I think that that is very important) and also make notes of the times that you work.
It was very upsetting at the time, (my family never made contact all through the chemo, and just after it finished my Mum made contact)
but, 2 weeks after finishing my treatment I was asked to attend another job interview (I never thought anyone would want me) and I got the job!!
Do you really want to work for a slimeball company where they have no respect for your feelings and situation? I would hate to go back to my old company now after working for my new employers (who are really wonderful) As my friend says, ‘what comes around, goes around’!
Keep fighting!
Love Debbie x