if they do make you redundant you should get incapacity benefit which pays similar to SSP, but I don't know about tax credits. They can pretty much do what they want to make you redundant, even if you are off sick, but they cannot discriminate against you because you are sick due to disability laws.
I got my advice from the CAB and from Macmillan advisors - if you go to Macmillan website and search for legal advisors you might find one in your area.
hope you get some good news.
So sorry to hear that you are having a crap time at the moment. I really donot have a knowledge in this area but think it would be a really good idea to go to your cit advice office. Whether you are full or part time i know you have the same legal rights. I donnot think that they can let you go while on the sick i am sure i have read it somewhere but cannot be sure.
Also if you are signed off sick you cannot return to work as you will not be covered by the company insurance and they will know this.
I have posted thison behalf of new user Sarah.
Regards Sam (BCC Facilitator)
i've been working for my employer for 7 years, mostly only 25 hours a week (3 children to look after too). i had a lumpectomy in jan and then was signed off from march 10th when the chemo started. I've just completed chemo and am about to start radio therapy. my employer has asked me to go into the office for a meeting today. i currently get ssp but he was hoping i would work some hours through my treatment (i haven't). Part of the company has gone into liquidation and the other part is still running. I get working tax credit at the mo to top up the £75 a week ssp but i am so worried that he is going to tell me he cant keep me on or afford to pay ssp. Does anyone know where i stand as a part time person. If he says he cant keep me on i wont get the help with tax credits and as a single mum i rely on them heavily to help keep me and my three children sane!
I am so sorry.
I am about to tell you a tue story about a wonder friend of mne that is really true. This is a true story and maybe give you hope.
Move to a new house, husband left her, lost job, found breast cancer,
breast removed, found new job, lump returned on site, worked through treatment and still there. Mind you it is admin in a hospital but does prove that good things can happen.
As for work i still have my job but had major problems after my treament stopped. I had no back to work programme and they nearly put me in a early grave. When i said something they came back at me using we paid you full pay when you only did 1/2 days. (I worked on and off through my treatment, which i wish i hadn't now. I have had breast and secondary but i did not ask for this. I now only do my hours and that is it. Like you say you get no thanks with SOME employers.
This is going to sound really odd but these things have a way of turning out for the best and there is probably the best job with your name all over it. It would not hurt to look for another job and keep your mind distracted from treatment or re trainning.
Please let me know how you go
For anyone who is interested I have now had two lots of legal advice and they say that my boss is correct, he can legally do what he is doing and I have no comeback other than to raise a grievance which has no legal standing. Moral of the story - don't work overtime, don't accrue leave, don't do anyone a favour, don't work for a poorly managed and badly run company with a weasel for a boss.
Hi Lupin, no nothing as easy as that. I found the lump the week I was made redundant (on my birthday). What a week that was, possibly even worse than the week I was told I had cancer! With all my benefits being tied up with work (critical illness, life cover etc) I tried immediately I knew I was redundant to take out my own policies but was advised by financial advisor that no-one would even consider insuring me for anything till tests proved negative, which of course they haven't.
I am going to get some advice from the Macmillan advice centre near me - they have an employment specialist so I hope someone can advise me there.
We recently made someone redundant and he was paid tha balance of his accrued holiday entitlement when he finished. I would have thought this would have been the case for you.
Did your boss know that you were going for tests before you were made redundant? (I.E. got rid of you because he knew they may have been a problem with your health).
Thank you for that information. Unfortunately my contract does not mention bulding up leave whilst on sick leave. I know there was a recent court ruling about this, but the issue is not about building up leave whilst on sick but being forced to take leave at a set time and not being paid sick leave for that period.
I think I need to see a solicitor but really don't know who to approach, and with redundancy looming and no prospect of employment (and who on earth can live on incapacity benefit?) I can't afford to be spending excessively. I will try Macmillan advisors also.
A difficult employer is all you need at the moment!
I'm a CAB debt adviser but I used to do some employment enquiries and I don't think you're employer is right. Sickness and Holiday pay are 2 separate issues. I found the following extract on the CAB "adviceguide" website.
"What happens to your holiday if you are off sick
If you are off sick, you will be entitled to build up statutory paid holiday. When you return to work, you can ask your employer if you can take your holiday before the end of the leave year. If you have had your employment terminated while you are off sick, you are entitled to be paid all the holiday pay you have built up.
If your employer refuses to let you take leave on your return or refuses to pay you holiday pay, you can ask an employment tribunal to enforce your rights. You may be able to make a claim for all your unpaid holiday pay. You must make a claim within three months of the last date you were not paid holiday pay.
You will only be entitled to build up contractual holiday while you are off sick if your contract allows for this.
If you have been on long-term sick leave and are worried about your rights to build up paid holiday, you should seek help straight away from an experienced adviser, for example, at a Citizens Advice Bureau."
If your closest CAB has advised you otherwise you could try the Macmillan site - they give benefits and employment advice to cancer patients. Or find a local employment solicitor - often they will give a free 30 minute consultation but always check first if you will be charged anything. Also be careful about time scales - you can only go to tribunal within 3 months of the "event" which I think for you would be your last day of being employed in August. If you're going through treatment these sort of things can be forgotten.
Anyway, I hope you get this cleared up. Redundancy is a form of dismissal and you have rights set down in law.
I was made redundant the same week as I found my lump (6 weeks ago) and was diagnosed two days ago and am now going through all the staging and surgery etc with rad/chemo to follow (what a great summer I'm going to have). All my life cover, critical illness etc are tied up with my job which will end on Aug 14. I had a lot of holiday accrued plus some time in lieu for working on days I am not paid to work, so I should have left work by now to start the holiday. I am now signed off sick and will remain so but my boss has said that he does not have to pay me sick pay and holiday pay together and effectively I will lose the holiday while he gets the SSP payments from the govt so benefits from my cancer. I would normally postpone my holiday, but can't do this as my employment will end in 6 weeks time.
Does anyone know if this is correct? If he is legally correct he is definitely not morally so but since when did that stop companies behaving like complete b*st*rds? I could badly do with the money as I will soon have no income, no prospect of looking for a job (who would even think about taking me on while I am going through this?) and no prospect of any money or mortgage/life cover for a long time. Incapacity benefit won't even touch the mortgage payments, let alone feeding myself.
I know there are grant payments out there for financial difficulty but I have some savings so I won't be elegible. I'll be spending my hard earned savings on keeping myself alive (hopefully).
Does anyone have any tips for frightening my boss into paying up, or at least appealing to whatever little conscience he may have? I have spoken to the CAB who tell me he is legally entitled to do this but many HR reps I have spoken to tell me he is not.
any tips or advice gratefully received.