fair and reasonable continued

1 minute read time.

Fair and reasonable behaviour from employer?

My husband has been sacked from his job on the very day he was informed he must have lifesaving surgery for kidney cancer. 

He had undergone tests over a period of three months and was worried about losing his job.  So much so that he cancelled the most important test for fear of taking time off work.  

He collapsed at work and his employer even stated in the termination letter ‘you only returned to work for part of the day’ and the reason why?  Emergency response telephoned for an ambulance and he was taken admitted to hospital for tests for six days.  After this period he was diagnosed with cancer!!!

How fair is that?

Well as we have discovered absolutely fair and reasonable.

 My husband had not been in the job two years.  So he deserved everything he got including not to be given an opportunity to discuss the situation with his employer.

His employer sacked him for poor performance during this period of ill health.  Sadly one of the major symptoms of kidney cancer is fatigue.  Sad that his employer was not prepared to acknowledge this and preferred to accuse him of poor performance. 

Hope they can sleep at night!!!!! 

Credit to my husband’s strength of character and his amazing surgeon and despite his employer’s lack of support he is fighting to recover. 

I forgot to add that the job also included accommodation so two months to pack and find somewhere to store our belongings.  We are lucky to have supportive family who will not see us homeless but it is a wakeup call as not everyone is as fortunate!!!  

Anonymous
  • FormerMember
    FormerMember

    Hi Katy,

    Unfortunately discrimination in the workplace is becoming more heard of in these tough economic times even with the newer legislation and the updates to the Equality Act replacing the old Disabled Discrimination Act DDA a lot of employers couldn't care less - It's all about profits and efficiency :-(

    Companies and employers just don't seem to care that they face possible prosecution and know full damn well that those diagnosed for the most part have neither the finances or willpower to fight cancer and a probably lengthy unfair dismissal or discrimination case.

    The only thing that can help is either getting a union involved or bad publicity (and being very careful of being sued for slander if you go this route)

    The biggest pitfall is the trap your husband fell into - Anything prior to being diagnosed and therefore being classed as disabled doesn't count. As far as I know, It's only when you inform your employer of your cancer the act kicks in :-(

    The accommodation tie-in is the icing on the cake....

    It's a bit late now, but after 9am Monday morning you could use the free phone support line 0808 808 0000 number and speak to one of the Macmillan financial advisors and see what help you may be entitled to if cash is going to become tight ? ESA, PIP etc, they have knowledge of all these types of benefits too.

    Meanwhile over the weekend you could check out and join the Kidney Group for some advice and support from others with the same diagnosis , there is also a Carers Group if you are helping in a caring role.

    Macmillan produce a booklet 'Your Rights at Work' but as your husband has already had the dirty done on him it may be of little help now but will help with info regarding going back to employment later on.

    Do check out the groups Kate, they are by far the best way to get support and experienced advice around here and most of the groups are very active and it does help to connect with others going through similar 'stuff' - You can reply to other posts without joining the groups, but you have to join to get the 'New Discussion' button to appear if you want to post an introduction or ask specific questions.

    Hope this helps you to settle in, take care, George & Jackie.

  • Katy

    please phone the ACAS helpline to make sure he hasn't been dismissed unfairly, they may be able to give advice on the tied accommodation or point you in the right direction. Don't just roll over even though your husband doesn't need this Argo.

  • FormerMember
    FormerMember

    Hi Just an update.  My husband recovered from his surgery after six months.  He applied for another job and has been working full time since then doing exactly what he has always done.  I am also working so we are back on track financially.  The new employer are supportive about his cancer diagnosis.  Unfortunately during the last year after a scan he has an enlarged lymph node close to the site of the original operation.  It can't be operated on so have discussed with oncologist about treatment.  Due to my husband's previous experience ie employer sacking him he has not wanted to have any time off work.  He hasn't had time off but feels that after his next scan in March he will have worked for his present employer for two years and now may be the right time to try treatment.  I also work for a large employer who will give me time off as a carer if needed.  It still feels very scary to return to treatment for cancer.  I still feel very hurt by the employer who sacked him especially as they had known that my husband had been going for tests related to lesions on his kidney.  They moved fast and sent the termination letter recorded post with the knowledge we woud be attending an appointment with the consultant the same day.  The employer was and is a very wealthy famous person who claims to care about people with cancer.  This is a lie and one day I will tell the story.  We are lucky in that we could start again but it hasn't been easy.  We have had to move away from family and friends to find employment and somewhere to live again.  I have found this very difficult and suffered with depression.  I haven't had treatment just try and stay busy.  My work is caring for others so I have some understanding about true empathy.  We both have had to dig deep emotionally to cope with what happend.  We did go through ACAS right at the start but they could offer nothing.  We also paid a solicitor who said there was a case but our insurance company would not back the case.  The law has changed now and you don't need 1k to take your employer to court so perhaps we can look at having another go?