Work related ignorance

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Hi everyone 

I am looking for some advise on returning to work. I was diagnosed December 21 with NSCLC my treatment plan consisted of 4 cycles of chemotherapy and immunotherapy combined and then immunotherapy every 3 weeks for the next to years. I completed the 4 cycles of chemotherapy and immunotherapy at the end of April and now I’m having immunotherapy every 3 weeks. I took a leave of absence to cover the chemotherapy and immunotherapy combined as I had been warned by my oncologist it would be aggressive treatment. The immunotherapy cycles on their own are much easier to deal with so I thought I would try returning to wok and see how it goes? For the last 7 weeks I have been using annual leave accrued over the last 2 years due to covid. My employer said it had to be used or I would loose it.

I work for local government (please don’t judge me for that) so you would think they would know what they should be doing to assist a return to work, this however is not the case. The only contact I’ve had with them apart from 2 emails was initiated by me they have done nothing to stay in regular contact with. I have asked for meetings to discuss a return to work they have never been arranged, then out of the blue a couple of weeks back a email was sent to me stated I need a fit for work note from my doctor and I would need to see the employers occupational health doc and only if their doc said I was fit for work would I be allowed to return. I spoke with my specialist nurse and oncologist and my go regarding this email and it’s content. They are not happy, my doctor has said they will decide if I am fit for work, the occupational health team should be there to support and advise on reasonable adjustments to be made to aid my return.

I am getting the impression from my manager they don’t want, I made it clear from the very beginning that I would be the person to inform people of my illness and if they wanted to speak to anyone regarding me my consent must be sort, I have discover that others have been spoken to about my diagnosis without my consent, when I raised this matter with them I was goal that as it is now a matter of record for the employer they can speak to who they like confidentiality doesn’t apply. It would also seem the equality act doesn’t apply either, from reading some of the notes that have been made (notes I’ve not seen) and sent to they don’t want to discuss making reasonable adjustments never mind doing them.

any thoughts or advise would be welcome, bit of a rant and a saga I know but I can’t focus if I don’t get it off my chest.

I’ve put up with bad management and bullying for the last 5 years I’m not putting up with being pushed out of a job just because the don’t want to accommodate me.

hugs Donna

  • Apologies for the spelling it’s the predictive text

  • Hi Donna

    Cancer is covered by the Disability Discrimination Act so your employer is legally obliged to  treat you as disabled and to make any appropriate adjustments to facilitate your return to work.

    I would advise a chat with the MacMillan helpline for full details.  in addition, if you search the main  MacMillen site for 'Cancer and employment rights', you will be able to find how the law is applied and how to use it.

    Hope this helps a bit.

    Kegsy x

    "If you are going through hell, keep going" ; Sir Winston Churchill
    " Cancer may take my life; however it will not become my life" Kegsy August 2011
  • Hi Kegsy

    thank you for your response, I will have a look. I really like my job but the managers can be very challenging, they are resistant to any sort of change as change means they might have to do some work

    have a good day

    Donna

  • Hi Donna, Kegsy is right, cancer is covered by the Disability Discrimination Act, and your employer should be making adjustments for you. Also disclosing your condition to other employees is absolutely disgusting. They have broken all confidentially and data protection rules. 

    I will put a link below to a recent community blog from Macmillan about tackling work with cancer. There is also a link in the blog to the work support services. 

    Tackling 5 myths about work and cancer

    Chelle 

    Try to be a rainbow,in somebody else's cloud
    Maya Angelou

    Community Champion badge
  • Hi Chelle

    Thank you for your response, I will have a look at the links you have kindly supplied. I have a meeting with them tomorrow, I suspect they will try and make it difficult for me to return to work on the basis that reasonable adjustments can’t be made to the role. At this stage I will wait and see what they have to say, I will update you tomorrow after the meeting which is scheduled to take place at 12 noon.

    once again thank you and have a great afternoon

    Donna

  • Good luck Donna. I had a terrible time with my employer. In the end they realised that they had to accommodate me, and I carried on working for a few more months. As it turned out, I realised the work was too much for me, but I left through my choice, not theirs. x

    Chelle 

    Try to be a rainbow,in somebody else's cloud
    Maya Angelou

    Community Champion badge
  • hi chelle

    i am annoyed my manager had spoken with other employees about my diagnosis without my consent. Some of those who have been spoken to are shocked and have told me they think I have been written off. There has been no communication with me on their part any communication there has been was instigated by me, and I made it clear it was my intention to return to work when I reached a point in my treatment plan when I felt I could cope.

    All I want is a fair chance to try, it may be like you I find it to much but I would like a chance to try, they have made me feel like I have already died. I know I have cancer and I know it’s not an easy road but decisions should not be made for me, when I am capable of making them myself. Over the last few months you have been a great support to me and given superb advice, I just wish my employer could provide some support, like you have, instead all they have done is write me off. This I find really depressing, it’s hard enough dealing with cancer without the employer behaving inappropriately.

    I will update you after the meeting tomorrow 

    hugs Donna

  • Good morning everyone 

    update on my return to work meeting

    i had a meeting with my employer over teams yesterday, it was not very productive. They seem to want to put every obstacle in the way. Communication from them has been non existent. In 5 months they have sent me 2 emails one demanding a updated sick note and the second informing me I must submit a fit for work certificate from my doctor and I must attend there OT so they can pass me as fit. The OT referral form has been completed by the employer and is littered with spelling errors and incorrect information. I challenged this and was told by the manager the form has been completed with information I gave when I was having a general catch-up. If they intended to use this information firstly they should have told me that was the intention and secondly concise notes should have been made, I asked about the notes made and was informed the content of the referral was from memory. I’m sure this can’t be correct policy, procedures or process in any organisation, I don’t recall any policy where memory is used instead of positive evidence, ie notes that are a true reflection of the conversation that both parties agree are true and accurate.

    at yesterday’s meeting I challenged the lack of communication from them the excuse was poor, they were leaving it to me to get in touch with them. 
    It has also come to light that my manager has been discussing my condition with others without my consent. I challenged this and also said this must stop. I was informed by the manager that as I had spoken to friends about my condition it was common knowledge and therefore they can speak to who they like and they don’t need my consent to do it. 

    Anyway I came out of the meeting feeling very depressed, I was made to feel like I have already died, I feel so low any advice please.

  • Donna, your experience with your employer reminds me so much of what I went through. Your manager needs to go on a course in the Disability Discrimination Act, and probably a course in manners and empathy too!

    Just because you have told friends about your disease, does not give him any rights whatsoever in discussing you with anyone. An employment tribunal would point this out to him I am sure. 

    You are right, any meeting you have had with him, you should of been asked if you want anyone present and there should of been an official note taker. You should also have been given copies of these notes. 

    I know I have mentioned the work support services before, but who I used when I was going through my employment issues, was ACAS. They give free employment advice and will assist you in all of the correct procedures which your employer should be following. 

    I would also put in a formal complaint about your manager to his next in line. The way you are being treated is disgusting. Can you imagine if you heard something about your manager and went around telling all of your colleagues. It is not acceptable, especially after you told him not to say anything. 

    Good luck, you have a fight on your hands I’m sorry to say, and that is the last thing you need at the moment xx 

    Chelle 

    Try to be a rainbow,in somebody else's cloud
    Maya Angelou

    Community Champion badge
  • Hi Donna

    Not only is your manager breaching the Disability Discrimination Act  by discussing your medical details without your consent they have breached the Data Protection Act.  You can put your medical records on a billboard in front of your office if you want; but an employer (i,e manager) cannot reveal anything without your consent,  

    Are you in a Union? If yes, then contact them for support.too.

    Good luck with this issue; the law is on your side.

    Kegsy x

    "If you are going through hell, keep going" ; Sir Winston Churchill
    " Cancer may take my life; however it will not become my life" Kegsy August 2011