Employment rights - cancer treatment counted against attendance unfairly?

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Hi all, I am currently in recovery after fighting breast cancer last year with chemo, 2 operations and radiotherapy.    Ive now been left with heart failure due to the Herceptin home injection I had for 18 months and this is something myself and my GP are working at rectifying with heart medication.   

My question today, is my company are awarding all staff with a £500 corporate pay award and I meet 9/10 of the eligibility criteria apart from 1 which is due to attendance.   The only time I had off last year was for cancer treatment and recovery and HR are telling me my corporate pay award will be pro rated down from the full working year to 235 days of attendance.   

I have told them that advice from ACAS is that I was classed as disabled from date of diagnosis, and so am protected under The Equality Act 2010, as being one of the protected characteristics.  HR arent budging and im insure whether to go down the formal grievance route, in case I am then putting my employment in jeopardy or they may not be as accommodating, if god forbid in the future, I have health issues again.   

Has anyone else experienced this or can give any advice?

  • I don't have an answer but hope you get it all sorted.

    I'm actually taking part in a drug trial which is hoped to reduce the risk of heart problems due to chemotherapy. 

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  • Hi  , that sounds very unfair. I wonder if it’s worth phoning the helpline here at MacMillan and speaking to an employment advisor? But I do understand your concern that it will be ‘held  against you’ in the future. Really seems wrong and discriminatory. Hope you can resolve it, love and hugs, HFxx

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