Hi, I was diagnosed with very advanced and invasive Lobular breast cancer, stage 3… unfortunately, it has spread to the lymph nodes - 3 positive from 34 nodes removed.
This forum has been a huge help during my treatment and I thought I share my worries again today - has someone on here been ill retired?
I am 46 year old and my place of work won’t accommodate the extension of my phased return. After my latest OH assessment, I got an official letter saying that because my position is full-time I can’t go part and also if I can’t continue doing my hours they need to think about other available options, i.e. redeployment or ill retirement. I am absolutely devastated and feel totally lost as I don’t know what are my options. I do not want to retire so young but it seems that it will be easier for them get rid of me. I definitely need the money as my husband was diagnosed with MS a year after my diagnosis…
Everyone on here is mentioning the disability act but they are covering themselves with saying if you can’t work your hours and if there is no part-time job available in the company then they will look into retiring me due to ill health. I think this is called ‘constructive dismissal’ and I would really appreciate any thoughts advice if someone has been in the same situation.
I never thought that it will end like that and it’s absolutely disheartening and sad but also I feel so angry and I don’t want to be as stressing is no good but is just not fair…
Is there an employment solicitor on here who can help me? I think I definitely need one…
Thank you for reading my post and sorry about moaning on a Saturday afternoon. Xxx
I truly feel for you… You could try speaking to ACAS, they were very helpful for a family member with a dispute of employment law. Citizen Advice and MacMillan also have help lines.
Not the type of thing you want to add to your worries. Hope you get somewhere positive with this, and without too much extra stress x
I am sorry to hear you have problems - the last thing you need right now. I’m not an employment lawyer, but I do manage a team and have recently had a request for flexible working. I was told the law had changed and basically you can request flexible working and the organisation must accept the request unless there is a genuine reason not to. It wasn’t an issue for me, but this might be a different approach.
Here are the links I was given at the time for my team member - ACAS and a letter template.
Not sure if it helps, but hopefully. If not, I’d try Citizens Advice or Macmillan.
I spoke with MacMillan and they told me about ACAS. Never heard about them before. The only thing is I have to initiate a grievance procedure first or they won’t do anything before that. I don’t really want to go down that route. It will be so much stressing over little things and make me anxious. I would like to do it informally. I haven’t really discussed any of the other options with my employer but I am hoping that they at least give me a chance.
Sorry about asking something personal like that but did your family member manage to sort out their dispute with the help from ACAS? Xxx
Hi @flojo, that’s very useful indeed!! Thank you so much for this information…
Honestly, I think I need to take a step back as it’s getting too much. At one point I was so distraught that I was thinking about leaving my job after I got the letter but I called Macmillan and they told me not to rush anything. So yes, a lot of things to think about…
I was told by our HR dept that the law is now on the employee’s side. It’s quite a recent change. As I say, it wasn’t an issue for me as I was happy to accommodate, but thought it was quite useful to know. Easier said than done, but please don’t let it get to you. xx
ACAS were very good, it was for my son he worked for a well known budget supermarket, legally not allowed to say their name as it was part of the settlement agreement. The ACAS rep, acted as a mediator (think that’s the term), and as soon as they were involved the employer changed their attitude
As much as you don’t want this hassle, it sounds like they have moved on from friendly “chat” if they are sending out letters. They may be trying there chances. the law is there is encourage them to find solutions not cause more difficulties. You’ve not chosen this path, and you’re not making up an illness, so you should be getting support.
Speak to ACAS (or similar), but I think you will need to get this recorded formally if you are going to make any progress. Y
Yes, I know but I just want to explore all other options first… Macmillan told me that I need to start a grievance procedure so I am looking into that because ACAS won’t get involved otherwise and yes, you are right that they play the role of a mediator of sorts.
I am hoping that by the end of this I will still have a job…
Hi @naughty_boob unfortunately, they can still dismiss me. It’s rather complicated and not as black and white as everyone thinks. There are loopholes and the possibility for me to be let go is rather high…
I am aware about Working with Cancer…and yes, it’s not as simple…I don’t want to go in so many details but even after talking with Macmillan I felt like I don’t have many options…
When they are putting stuff like the company can’t really accommodate your extended phase return hours because of problems with staffing issues and for the better of the company bla bla bla… it just looks so final and detached…like they’ve already made up their minds…
Thank you for reading my post and for your kind words. Honestly, the support I’ve been getting here on this forum is amazing and am forever grateful!!! Xxx
Yes I get it’s not simple, that why I used the words ‘should be considered’, it’s definitely not black and white. I chose to leave my role in education as with the hot flushes and brain fog with aromatase inhibitors I couldn’t stand in front of 30 children and teach. I had experienced these issues before and took HRT to help but that isn’t available to me now.
It’s so disappointing that your employer’s attitude is so dismissive. The new labour government want to help those with illness and mental health issues back into work but without tighter laws to protect employees this isn’t going to be successful. A family member was recently let go by a government dept during probation due to too much sickness, all of which but 1 day when Covid was on the office and they thought they had it, was covered by a doctors ‘Not Fit for Work’. But they say she breached the terms of probation, which was 12 months ( excessive in my view) . She appealed and they were ‘well we followed the procedures’. Didn’t even care that she only went to work and food shopping to minimise her catching infections to protect me being immune suppressed with my treatment.
This forum is great and is a good place to rant while being anonymous!
Hi
Please also talk to Citizens Advice and ask for a consultation with an employment solicitor, you can search the Law Society for those who specialise in employment law and of course if you have any sort of employee assistance programme at work they also normally have legal people to can talk to in confidence
Whatever you do please don’t resign, and keep notes, evidence, and dates of everything up to now and beyond as horrid as it is a grievance is necessary and if you end up at a tribunal for unfair dismissal or for acting outside disability law then having evidence is vital
Hi @Curlywurly1, thank you for reading my post and the info. Much appreciated!!!
I phoned the employee assistant programme my company got but they are general counsel’s and advised me to seek advice from an employment lawyer which is not very helpful at all. Do you know if I need to pay if I go through Citizen Advice bureau? I know that employment lawyers can be very pricey…
I will not resign and will fight this no matter how long it takes as it’s not fair and I am so so so angry…am going through stages - sometimes I think is better to just give up but with all your lovely messages of support I’ve made up my mind.
Hi
Citizens Advice are free
Lawyers normally give you a ‘free’ initial consultation of either 30 or 45 minutes to hear what you need and determine if they can help you
I’m so sorry your employers are being so difficult. I’m no expert but I would find an employment solicitor. It could be money very well spent. My union supported me wonderfully when I left work but I wanted to stop so our cases are different. I wish you all the best and hope you get what’s best for you. X
I would go in all guns blazing and frighten them off. They have no right to treat you like this and breast cancer is covered by the disability discrimination laws. Think also about your pension, your outgoings and having to start a new job maybe at a disadvantage cos of what they want to do to you.
I have worked in senior HR roles for over 30 years and on the face of it, it sounds as though your employer is acting unreasonably. Cancer is regarded as a disability and you are covered by the Equality Act so you have certain rights which means your employer has to (properly) consider reasonable changes to your work or workplace. Rather than go down the grievance route straight away I would advise you to request a meeting with your employer (HR really) to consider your request for an extension to your phased return. If you belong to a union talk to them and take a rep along with you. If that gets you nowhere you should put in a grievance and ideally get some legal assistance (many employment lawyers will work on a no win no fee basis) to help you word your grievance. It is important that you stand up for your rights and sadly so many employees don’t do this.
Hi @kate5, thank you for reading my post. I do not belong to a union and don’t really want to go down the grievance route…but if needed I am not giving up that easily!! Though, I know that it will be really hard and stressful but I am going to fight them no matter what…it’s just something that I don’t need - what all the stress and worries but hey-ho that’s life…
I actually looked for an employment lawyer in my area and they are very expensive…I am also not sure about the no win no fee part as most are charging straight away they don’t even offer half an hour free advice…
Hi, worth googling for no win no fee lawyers, can do via phone so no need to have local lawyer. ACAS also very worthwhile although they are snowed with work - wonder why?! Definitely don’t give up on this, the law is on your side.
