FabSwingers.com forum: Question? Please give honest answer

By *tella Heels OP TV/TS
over a year ago

west here ford shire

So last year I was off with throat cancer, also diagnosed with spinal stenosis, now in November 19, had a mini stroke, I’m still having reactions and dizzy spells, 48 hour ecg monitor being fitted on 27th December

Still waiting on brain scans, they don’t know why I had this stroke, doctor had advised not to work until they fully understand why.. obviously I’m still very worried..

My employer knows my situation, have contacted him to say look I don’t know what’s happening and how long I could be off work..

His response, do I take it that you’re handing your notice in? Please confirm I will get your P45 ready...

What would you do?

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By *orenzoVonMatterhornMan
over a year ago

Lincoln

Tell him no, and hand him the doctor's note about working. Probably worth speaking to the Citizen's Advice Bureau too.

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By *ed-monkeyCouple
over a year ago

Hailsham

Agree ... absolutely not

That could be seen as constructive dismissal

But I'd take advice... the stress of that is the last thing you need

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By *ork fellaMan
over a year ago

Macroom

Find out my rights in regards to this situation and politely let your employer know. You've been through enough without your employer being shitty to you too

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By *lbinoGorillaMan
over a year ago

Redditch

Tell your employer that no, you're not handing your notice in (cheeky cunt that he is) and that you are advising of your ongoing health issues / concerns, as probably detailed in the Employees Handbook.

Then contact the CAB, or ACAS, and find out as much as you can from a legal point of view about what you need to do and what they, as an employer, can do and what they can expect from you

And when you've done all that, concentrate on you, and getting better

Sending a big bear hug

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By *pursChick aka ShortieWoman
over a year ago

On a mooch

Definitely don’t resign, he shouldn’t be stating that in the first place.

Go get independent legal advice. In addition if you don’t know them already, is there someone who can print off the company’s policies on long term ill health and alike, every company should have a procedure.

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By *amissCouple
over a year ago

chelmsford

Normally with long term sickness, employers ask for a meeting with you, to see how things are. It's worth taking a union rep with you, if you have one.Good luck

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By (user no longer on site)
over a year ago

Ditto.

CAB are great and for the price of joining a union could b money well spent too.

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By (user no longer on site)
over a year ago

It's a difficult subject and it depends on the policy at your place of work. They'll have to go through some hoops such as getting a GPs report and considering reasonable adjustments before they can consider dismissal.

I'd say that you weren't resigning but would keep them in the loop regularly.

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By *unboy69888ABCMan
over a year ago

fleetwood

They cant sack you when your on the sick

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By (user no longer on site)
over a year ago

"They cant sack you when your on the sick"

They can, but it needs to be done in the right way

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By *SAchickWoman
over a year ago

Hillside desolate

"They cant sack you when your on the sick"

Yes they can.

As someone said above, do you know or can you find out your companies policies on long term sick absence?

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By *rAitchMan
over a year ago

Diagonally Parked in a Parallel Universe

I don't know about nowadays, but in the 90s it was a legal requirement that the employer had to keep your position open for six months.

It happened to me, after a motorbike accident. On the 1st day of the 7th month they phoned and said if I didn't return to work that day then they had no further obligation to me. I told them it was a shit job anyway so was pleased they got rid of me.

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By *ickie dave 69Couple
over a year ago

leeds

Your employer sounds a right tosser don’t hand your notice in as others have stated seek advice first each company may differ slightly but it use to be a certain time limit to be off then you had to give them a return to work date if not you got your p45 good luck

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By *rwhowhatwherewhyMan
over a year ago

Aylesbury

Sounds like the kind of shit my employer would get up to. They aught to be ashamed of themselves.

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By *hrista BellendWoman
over a year ago

surrounded by twinkly lights

Find your work contract and handbook and go to the CAB, don't let them pressure you lovely x

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By (user no longer on site)
over a year ago

Your employer can’t discriminate against you on medical grounds. You can’t be fired over this. Hold fast

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By (user no longer on site)
over a year ago

That is so incredibly rude. Absolutely unbelievable. Hand in your doctors note. No need to do anything else atm as it’ll just stress you out. Sending hugs...

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By *r AmbassadorMan
over a year ago

Dublin

"So last year I was off with throat cancer, also diagnosed with spinal stenosis, now in November 19, had a mini stroke, I’m still having reactions and dizzy spells, 48 hour ecg monitor being fitted on 27th December

Still waiting on brain scans, they don’t know why I had this stroke, doctor had advised not to work until they fully understand why.. obviously I’m still very worried..

My employer knows my situation, have contacted him to say look I don’t know what’s happening and how long I could be off work..

His response, do I take it that you’re handing your notice in? Please confirm I will get your P45 ready...

What would you do?"
no way in hell you hand the guy your notice,

If you are going to be out of work long term, you will be switching to his insurance company after a period of sick leave,

You do NOT hand in your notice,

Last thing you do.

And nope you get well ASAP

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By (user no longer on site)
over a year ago

Can't add to the advice, just wanted to send good wishes for your recovery xx

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By (user no longer on site)
over a year ago

What!!!!! That's awful. Cant give any more advice but I will pop out and bop him on the nose if you like...

Rest up and concentrate on getting better. X

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By *manaWoman
over a year ago

Basingstoke

Absolutely not!! How awful! Xxx

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By (user no longer on site)
over a year ago

Ahhhh that’s very naughty

You’ve advised your employer

Under the equality act you can ask for reasonable adjustment so you can stay at work

Him asking if your resigning is cohesive and you could take him to tribunal on that fact alone

He cannot sack you whilst sick that is illegal

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By (user no longer on site)
over a year ago

Your best port of call for advice is the cab or acas ,if your a union member is also very handy at this time !

Outstanding how employees are treated by bosses and don’t forget if you vote Tory on Thursday you’d be eroding workers rights even further !

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By (user no longer on site)
over a year ago

If his response was in writing ie p45 I’d be putting him in front of a tribunal bench the cheeky fuck !

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By *tella Heels OP TV/TS
over a year ago

west here ford shire

Thanks for all the support

I do feel for him a bit as I had a stroke, still no idea why.. the company was three of us md was retiring I was employed to take on his sales responsibility, md’s son is taking over. Trouble is md also suffered a suspected stroke days after me, he has now been diagnosed with brain tumour which is malignant and in operable..

But I could have the same I just don’t know why I had a stroke..

I hope it’s nothing serious, but never that lucky.

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By (user no longer on site)
over a year ago

Have you got an HR advisor

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By *lbinoGorillaMan
over a year ago

Redditch

"Thanks for all the support

But I could have the same I just don’t know why I had a stroke..

I hope it’s nothing serious, but never that lucky.

The company's situation, or what you were or weren't meant to be doing are all irrelevant right now.

What's important is what's right for you, as outlined above.

And you need to change your attitude towards yourself. If only because I have the monopoly on negative self-image around here, thank you very much

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By (user no longer on site)
over a year ago

He camt do that. Once you provide all doc updates etc.

I had breast cancer in 2017 and I am still off work. My employer is a big multinational but even still...they cannot force you to hand in your notice due to illness. Contact citizens advise.

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By (user no longer on site)
over a year ago

Oh and get anything from him in writing, not verbally.

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By *tella Heels OP TV/TS
over a year ago

west here ford shire

No in a company of three??

I’m ok to be honest, I’m pretty clued up on employment laws had to be in previous positions..

I’m lucky I don’t need to work, but I also am not going to be walked over..

Just so you all know my contract has a payback clause to regain what he paid out to the employment agent that recommended me for the position £5,000 over 12 months pro-rata

So in January he would want a payback of £1250

I’m signed off till then at least. Still waiting on brain scan and Boxing Day having 48 hr ECG to test my heart.. if they can find it x

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By *moothdickMan
over a year ago

stoke

They can remove u even though yr on the sick but there is a process they have to follow .. with of health involved .. and it takes an age to give you the opportunity for yr health to improve .. if it doesn’t and you can’t fulfill yr contract then they can medically discharge you. But they would have to pay u a weeks salary for the amount of years you’ve been there up to a max of 12 weeks ... hope this helps

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By *moothdickMan
over a year ago

stoke

Awe u sound clues up on his policy’s .. good luck

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By *tella Heels OP TV/TS
over a year ago

west here ford shire

Further to all of this my brain scan has been booked for Sunday

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By *rightonsteveMan
over a year ago

Brighton - even Hove!

You have certain employment rights. They may be eroded post Brexit.

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By *tella Heels OP TV/TS
over a year ago

west here ford shire

Further to all of this my brain scan has been booked for Sunday

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By *innie The MinxWoman
over a year ago

Under the Duvet

"Further to all of this my brain scan has been booked for Sunday "

Hope Sunday goes well Stella.

Just a thought, you can sometimes get free legal advice via your credit cards/home insurance etc.

CAB can be a bit patchy,some volunteers have better knowledge than others, I've found in the past.

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By (user no longer on site)
over a year ago

No, you’re on sick leave.

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

If you have and employee assistance scheme call them first. All the other advice has been given.

I hope the scan is clear and good luck getting better.

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By (user no longer on site)
over a year ago

As all the above have said.

I'm not sure we're you would stand in regards to getting benefits if you resigned so that's definitely something worth considering.

All the best with your recovery. X

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By (user no longer on site)
over a year ago

Speak to ACAS, please don’t hand in your resignation.. your boss is out of order and you are entitled to sick leave with a doctors note. Good luck

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By *icketysplitsWoman
over a year ago

Way over Yonder, that's where I'm bound

"As all the above have said.

I'm not sure we're you would stand in regards to getting benefits if you resigned so that's definitely something worth considering.

All the best with your recovery. X"

It's going to be a wait for benefits in any case but if you have resigned you have to wait 26 weeks.

The cancer diagnosis should be the first claim, especially if making a constructive dismissal claim.

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By *ENGUYMan
over a year ago

Hull

Your employer is jumping the gun! The medical advice could be in your favour, making your employer's decision null and void.

Take all the positive advice on here but seek legal advice. Also call ACAS, as they too can advise you with specific information.

Don't jump if that's what your employer is trying to push you towards. Wait and see.

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By *ocbigMan
over a year ago

Birmingham

I know it has been said & deeply ‘unfashionable’ as it is, union advice & lawyers are worth the monthly payments when this stuff happens.

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By (user no longer on site)
over a year ago

"As all the above have said.

I'm not sure we're you would stand in regards to getting benefits if you resigned so that's definitely something worth considering.

All the best with your recovery. X

It's going to be a wait for benefits in any case but if you have resigned you have to wait 26 weeks.

The cancer diagnosis should be the first claim, especially if making a constructive dismissal claim.

That was my thinking although I think it might be different if you can't work for medical reasons. But I think that's an important consideration.

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By *ENGUYMan
over a year ago

Hull

OP.

It was discovered by my new dentist at start of last year, that I'd had a stroke in the past.

Medical checks over 6 months revealed I'd had one in early 2015 but never knew I'd had one.

Luckily, there's been no permanent damage to my health, but I now have a yearly check up.

So, you could have a stroke but be unaware.

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By (user no longer on site)
over a year ago

Do NOT resign under any circumstances. That leaves you with little or no defence. https://www.gov.uk/dismissal/reasons-you-can-be-dismissed

I hope this link is allowable, if not please remove.

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By *ENGUYMan
over a year ago

Hull

"Do NOT resign under any circumstances. That leaves you with little or no defence. https://www.gov.uk/dismissal/reasons-you-can-be-dismissed

I hope this link is allowable, if not please remove."

Quite correct. In short, daft as it sounds, you're better off waiting for your Company to act first, from which you can often have more legal "clout" in your defence.

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By (user no longer on site)
over a year ago

Also, OP - see your GP about registering as disabled if not already. The CAB site says-"Some impairments are automatically treated as a disability. You’ll be covered if you have:

cancer, including skin growths that need removing before they become cancerous" etc.

If you're registered disabled, your employer would have to move heaven and earth to be rid of you without a substantial payout.

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