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dismissal and l feel low

9 REPLIES 9
Jo_BCC
Member

Re: dismissal and l feel low

Hi ladies

 

I have put below the link to the area of this website where Finances and practicalities is discussed further which I hope you find helpful

 

http://www.breastcancercare.org.uk/breast-cancer-information/impact-breast-cancer/finances-practical...

 

Our helpline staff are also at hand to help with any employment questions you may have.  They're here to support you. 0808 800 6000 lines open weekdays 9-5 and Saturdays 10-2.

 

take care,

Jo, Moderator

Catweasel
Member

Re: dismissal and l feel low

Hi Helen Rose
I was told on Friday by my line manager that under a phased return (that hasn't been agreed yet) any hours after March that I don't work I don't get paid for. I have asked that my Union rep gets in touch so I can ask questions in this regard especially as a very good friend (who is very up on union stuff) tells me that the law of the land says this isn't right. Obviously I am between a rock and a hard place and my stress levels gone through the roof again! I go see the counsellor for the first time on Tuesday so am hoping this will help matters. I need to see my GP sometime as he decides if I am fit for work not the works doctor (he must not need to go to med school for years cos you can diagnose people by just looking at them!).
Best wishes to us all xxx
grumpy
Member

Re: dismissal and l feel low

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

Loubee
Member

Re: dismissal and l feel low

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-
HelenRose
Member

Re: dismissal and l feel low

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
Catweasel
Member

Re: dismissal and l feel low

Hi melykins & sml 1903
I have been reading your messages with interest. I have been off work almost 11 months now after being diagnosed in March 2014, have had 2 lots of surgery, chemo & radiotherapy.
My GP has signed me off until the end of February but my work occ health wanted me to see the work doctor who visited this morning (apparently because I can spell a word forwards and backwards and do some mental arithmetic) there is nothing wrong with me psychologically and he is recommending my return to work. I told him that it is my GP's decision to sign me back to work and will ask at the surgery near the time my note runs out. This same doctor also mentioned the phased return to work (which I know about and which has already been talked about being for at least 3 months because of the length of time I've been off), but he talked about it only being 2 months and 3 days a week to start with until I told him it had already been discussed that the rehab would be longer. He then said he would leave it between me and my manager to sort out especially as I have various appointments which she has said she will accommodate!!
I'm not too happy about going back to work at all, in fact could quite gladly pack it all in tomorrow but there is a small light for me in that I can take my work pension at 55 (and I'm 55 in April). Having serious thoughts about taking it and cutting down on days - I find there is more to life than work and I need time to do what I want when I want rather than have to do it at weekends or take holidays from work.
I think that's all for now, I needed to get it all off my chest so to speak.
Best wishes to everyone xxx
SML1903
Member

Re: dismissal and l feel low

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

Bondgirl
Member

Re: dismissal and l feel low

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
Mel66
Member

Re: dismissal and l feel low

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
melykins
Member

dismissal and l feel low

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?.