30 years and now a serious health issue

[old red]

I have worked for the same firm for more than 30 years and it was taken over by a big multi-national company 4 years ago but prior to that it was still a very large multi-national company.

2 months ago my world caved in when I found out I had cancer, without going into too much detail I think my chances are reasonably good, I have had surgery but have to go back in hospital next month for more surgery.

It is as I'm sure you will understand a very worrying time for me and my wife.

My question is, the firm I work for pays full pay for 6 months then you go on retention for 6 weeks, then as one of my bosses said to me on the phone last week, "Basicly you are out of work". I need to know what my rights are. What would happen if I make a recovery but it takes 12 or 18 months? He said they might offer me a job (he didn't say my job) but I am convinced he was probably shrugging his shoulders while he said it.

I am not looking for a redundancy payment and I would hate to think all my 30 years service would be lost due to circumstances beyond my control. Finally and I haven't mentioned this to my wife, if I die whilst still in employment my wife would get 3 or 4 years wages, surely it wouldn't be fair for her to lose out all that money just for the sake of a few months.

This is of course worst case senario but if the boss hadn't been so 'matter of fact' on the phone I wouldn't be thinking this way.

What happens if someone takes 18 months off work to look after a partner that later dies, would they be entitled to return to their job?

 

Any advice would be welcome.

[Saffronflowers]

Hi there I have nothing constructive to say regarding your question but I did not want you feel that no one cared. Some one will be along with some advice for you. Big hug

 

SFx

[poppynurse]

I'm sorry to hear your news.

 

I don't think they can just finish you, they have to go down the capability or sickness disciplinary routes. Are you in a union - if not I would join now in case you need them in a few months. In the meantime you still have plenty of permitted sick time left, it may be that you can negotiate a part-time return when you are better building back upto fulltime if that is what you want.

 

I think the important thing for now is to focus on getting better and stay positive. Good luck.

[animal_lover]

Hi,

 

It may also help to go to your local CAB or maybe ACAS and explain your situation to them and see what they say.

 

Like poppynurse said i don't think they can just finish you.

 

Hope you get better soon

 

AL

[jansus]

Hi,

 

It may also help to go to your local CAB or maybe ACAS and explain your situation to them and see what they say.

 

Like poppynurse said i don't think they can just finish you.

 

Hope you get better soon

 

AL

 

good advice

 

Acas have a web site and will offer you free advice .

 

Do you have a copy of your contract from when the new company took over? Was it renewed at that time?

[animal_lover]

Website address for acas is

 

Acas - How can we help?

[bazak1]

Hi

Firstly, I am really sorry to hear of your news.

Im not sure if your predicament is classed as a disability and i honestly dont want to offend anyone, but if it is then there are laws against what your employer is trying to do.

Disability discrimination at work

 

 

If you believe that your employer has treated you less favourably than others for a reason related to your disability, or if your employer has not made reasonable adjustments for you in the workplace, you may want to consider taking action.

 

Action to take if you are discriminated against

 

As a first step, you might want to have an informal discussion with your employer about your needs and why you feel you are being discriminated against. Remind your employer of your rights and their responsibilities under the Disability Discrimination Act.

If this discussion does not provide a satisfactory outcome, you could make a complaint about your treatment through your employer's internal grievance procedure.

If you are still not satisfied, you might want to contact Acas (Advisory, Conciliation and Arbitration Service), or follow the 'Questions Procedure' or make a complaint to the Employment Tribunal.

If you wish to make a complaint to the Employment Tribunal, you must do so within three months of the date of the act of discrimination.

 

Help and advice from Acas (Advisory, Conciliation and Arbitration Service)

 

Acas aims to improve organisations and working life through better employment relations. It provides up-to-date information, independent advice and high quality training. The service works with employers and employees to solve problems and improve performance.

• Acas (Advisory, Conciliation and Arbitration Service) Opens new window
  

The Questions Procedure

 

To follow the Questions Procedure you must obtain a Disability Discrimination Act questionnaire.

You need to complete the first part of this questionnaire yourself, setting out the reasons why you feel you have been discriminated against, and ask your employer to comment on your claim. You then need to ask your employer to reply to the questionnaire.

Whether or not you agree with them, your employer's answers in the questionnaire should help you decide if you can settle the dispute or need to make a complaint to an Employment Tribunal.

The DDA questionnaire (DL56) is available from the Equality and Human Rights Commission and some Citizens Advice Bureaux.

The Employment Tribunal Service (ETS) can give information about tribunal publications, explain how the tribunal system works and answer general queries about tribunal matters. For copies of free ETS leaflets or further information call the ETS enquiry line between 9.00 am and 5.00 pm, Monday to Friday.

 

Keeping your job open

 

Your employer should not put pressure on you to resign because you have become disabled. Dismissing someone simply because they become disabled is likely to be direct discrimination which is unlawful.

You employer should consider whether there are changes that they could make at work to enable you to carry out your job. These are known as 'reasonable adjustments'. Reasonable adjustments may include things like:

• a phased return to work – perhaps working flexible hours or part-time
  
• time off each week for medical treatment or counselling
  
• allocating to another employee some tasks that can no longer be done easily by you
  
• providing practical aids and technical equipment for you
  

Businesses and organisations vary in structure and size, so what may be 'reasonable' for one may not be so for another.

Depending on your disability, a return to the same role may not be appropriate.

Your employer could speak to a Disability Employment Adviser at a Jobcentre Plus office to understand their responsibilities towards employees who are, or who have become, disabled and to discuss a solution to any problems there may be. This could include the 'Access to Work' scheme.

Who can get Access to work

 

You may be able to get Access to Work if you are:

• in a paid job
  
• unemployed and about to start a job
  
• self-employed
  

and your disability or health condition stops you from being able to do parts of your job.

Your disability or health condition may not have a big effect on what you do each day, but may have a long-term effect on how well you can do your job. If you think that this applies to you, you should talk to an adviser.

 

Contacting your local Disability Employment Adviser

 

If you feel that the type of work you do is affected by a disability or health condition that is likely to last for 12 months or more, ask the Disability Employment Adviser (DEA) at your local Jobcentre about Access to Work. They can put you in touch with your closest Access to Work Business Centre to check whether

 

 

I sincerely hope this helps.

[old red]

Thanks guys I've been on a bit of a downer but I spent some quality time over the weekend with my family and know that I've got to stay positive. Quite a few years ago one guy at my company had a serious accident and was on disability for 6 years, he had his disability money stopped and came back to the firm asking for a job and they found him one in the radio room. eventually he was made redundant but at least they game him a job. Another guy broke his back in a hang gliding accident and was out of work for 10 years, he was a fitter and one day he came back asking for a job, any job, when they found out he used to be a fitter they created a vacancy for him.

This was of course before they were taken over by this worldwide firm, I don't know of anyone that has been in this position but most people say "they shouldn't be allowed to get away with it".

If I knew that my job was safe I could devote all my energy to getting better, thanks once again and I'll keep you informed just so that others can learn from my experience.

[pugsley]

recent changes mean cancer is now a disability

 

The Disability Discrimination Act (DDA)

 

 

The Disability Discrimination Act (DDA) was originally written in 1995 and was last updated in December 2005. This Act is in place to end discrimination against disabled people. It aims to make sure people aren’t treated differently or less well because they have a disability. This Act applies to people with cancer or those who have had cancer in the past.

 

The changes made to the Act in 2005 mean that all cancers are now included. And you are protected by the Act from the time you are diagnosed with cancer.

 

What does this mean for me?

 

 

The Disability Discrimination Act considers a diagnosis of cancer as a disability. You don’t have to have symptoms or to consider yourself to be disabled by your cancer to be covered. But the Act does give you important rights. These rights might affect

 

• Your work
  
• Your education
  
• How you use services
  
• Your housing needs
  

Your work

 

 

These rights mean that you can negotiate for reasonable changes in your work or workplace. The term reasonable means that any changes or adaptations must be practical for your employer, in terms of cost and effects on other workers.