I am in a bad place at the moment. I was diagnosed with breast cancer in July 2019, after a routine mammogram because I had turned 50.
At the time, I was preparing for a year sabbatical in Spain after working at the same place for over 20 years, a highschool in London. I worked at the finance department.
I was being treated at the Royal Free in London, and after consulting with my oncologist, I decided to have the cancer removed in the UK and to have the chemotherapy and radiotherapy in Spain. I informed my place of work of my diagnose and my intentions; the reacction of the HR manager was and still is shocking to me. I did not know at the time if the health service in Spain will take my case but the HR manager informed me that I will not qualify for sick leave if I went to Spain for my treatment. I have just been diagnosed with breast cancer three days prior and I had not only a professional relationship with the HR manager, we were also friends.
I went to see my GP who signed me off for 9 months. I went back to my place of work with a friend who was both HR and a Finance manager herself. The HR manager at my place of work agreed to grant me the sick leave consisting of 6 months full pay and 6 months half pay, on the condition that I would send regular updates.
I had the cancer removed at the Royal Free in London in August 2019 and I started chemotherapy in Spain in September 2019. I sent regular updates to the HR manager.
I was receiving my radiotherapy sessions when Covid happened. I was very lucky that my treatments carried on, even though the whole (Spain) country had gone in confinement. My radiotherapy treatment finished in April 2020. I live alone, and those confinement months were horrible....
I was eager to return to work for the academic year of 2020-2021. I wrote to the Head Teacher of the highschool to propose working from home at the end of July 2020, due to the Covid restrictions and the pandemic still raging, my doctors were not comfortable with me returning to London. My work is office based, so I thought that I could slowly return to my duties taking into account that rasonable adjustments needed to be made. I would like to add that other members of staff were working from home.
It is now December 2021 and I had a year from hell that had resulted in my mental health deteroration. Today I was supposed to attend an Industria Tribunal hearing. I am both physically and mentally exhausted. I had my breast reconstruction at the end of October and I am on a waiting list to see Mental Health professionals.
On the last year I have dealings with the Union, ACAS, the School Director of Resourses, the HR manager, the Occupational Health team, etc...
I have felt that cancer and covid are both my fault, due to some cosmic misshap ... I seldom sleep because my dreams are plagued with nightmares.... I am dragging myself around....
Working for the same organisation for over 20 years have ment nothing. I feel very alone and unable to carry on...
I have not been able to return to London yet, and every day I watch the news I get more and more depressed... I booked a trip on the 18th December but had to cancel it as I do not feel safe...
I feel that I have to tell my story to connect with others that might find themselves in similar situations, to learn from their experiences and to obtain tools to be able to move on for the bitter dissapointment that I feel. My situation at the moment is unsustainable.
I need help...
Hi Maria, I'm sorry to read all your news you have been through the wringer like a lot of us on here. Your HR department are a not treating you as they should and under the Equality Act 2010 as you say you are entitled to reasonable adjustments. None of this is your fault and it's at times all this we find out who are real friends are. Take care X
Jayne
I think you should get your Union Representative to help you more. Did anyone from the Union represent you at the Industrial Tribunal today ?
Hi Maria, it sounds like you’re having a really tough time, sorry to hear this.
You might find it helpful to speak with Macmillan's Work support team on the Support line as you can talk to them about your situation at work and for as long as you need to. You can also email by clicking on this link here or the number to get in touch is 0808 808 0000.
I hope you can find a good way through this.
Hi MariaJ I am an HR Manager and feel that the reaction you have received is a discredit to our profession. I am sorry this happened to you. I agree with the advice below that you are covered from an equality perspective and are entitled to reasonable adjustments, It is for your employer to prove why a phased return to work and working from home are not reasonable adjustments and to explain why they are treating you differently to other staff who are allowed to work from home. Location should not be an issue with technology. It sounds as though HR are making decisions rather than your Line Manager and Tribunals do not look favourably at that.
As far as you sending them regular updates during your treatment I am gobsmacked that they do not feel that they should keep in contact themselves with an employee with such long service. It should not matter that you were residing in Spain.Your Manager should have agreed with you how often to contact you and how.
If the employment tribunal went ahead in your absence you will be able to appeal against the decision based on you being out of the country and your health. I think the judge would be sympathetic towards you. If it was a pre hearing meeting it may not be an issue if you did not attend as it is the start of the process rather than the end.
Did your employer refer you to Occupational Health for recommendations to help them to understand your illness and to find out how best to support you.? If not then I feel you have a strong case against them as is this is something any reasonable employer would be expected to find out.
I hope things will start to improve for you soon and you can put all of this horrible situation behind you. X
Jayne, that is what has broken my heart…. I thought that I have close friends at work…. But my cancer diagnose has showed me what they are really like….
My union representative has done what she can…. The problem is that the union lawyers do not want to represent me because they need a 90% winning chance…. I decided to represent myself but had become overwhelmed with the paperwork …. Today I did not attend the Industrial Tribunal preliminaries because I was a mess and I was terrified….
Yer I know it's horrible , but move on you don't need negitivity in your life . Don't let your disappointed in them upset you. You can make lots of new friends X take care
Hi MariaJ I can understand that. I did not hear anything from most of my colleagues when I first commenced my sick leave and think my boss eventually must have told a couple of them to send me messages. Therefore it was a bit meaningless anyway. My boss has been brilliant though and meets me for a coffee and catch up regularly.
i Have not heard from those I have worked with the longest though. I think the problem is that people think they should not intrude at this time and that because you are off work they should not get in contact with you. Unfortunately people do not always meet our expectations and you should not take this personally although it is really hard for you. I would like to reassure you that in time you will move on from this. Do you think having counselling could help you with this. I took that route and it has worked for me X
This must have been so stressful for you on top of your illness. I can also understand how terrifying it must be. Queen Poppy has asked really pertinent questions. Are you able to have a Union official/rep attend the tribunal as support? At the very least they can help you prep for the meeting, that is what your subs are for. Wondering also if MacMillan may be able to offer advice? People certainly do surprise you at times like this and often not in a good way. It is such a lot to deal with on your own but I wish you luck and strength with this and moving forward. Xxx
Hi Maria,
I'm so sorry to hear how shoddily you have been treated, going through cancer and then covid is massive. Know this, you are not on your own, we are all on a BC journey of some kind and you will come out the other side, never feel that you have nowhere to go. Whilst you're waiting for an appointment with mental health professionals, maybe speak with your GP or Samaritans even. Don't give up, sending you a virtual hug.
xx
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