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Possible cancer diagnosis and newish job

Hi, usual story! Regular user but new username incase anyone recognises me!

I have been going to my gp with some symptoms since beginning of feb. he referred me to a specialist (oncologist) who I saw last week for the first time. I am now undergoing lots of tests including scans and a biopsy to see if I have cancer or not. All my appts so far have been outside of work time but I know the biopsy is under a general anaesthetic as a day case so will need time off work for it (I'm aiming for just the day and go back the next day).

Now here's the problem. Just as I went to the gp I started a new job (end of jan) and I work term time only so I am not allowed time off in term time at all.

I have not told my manager yet as I feel until there is something to tell (ie I have cancer) that they will look very unfavourably on me. I love my new job so do not want to lose it.

My problem I have is what do I tell them about the biopsy day. I was thinking of saying 'I have a small surgical procedure to be done'. But, speaking to a friend they suggested that I be upfront and honest as they may think worse of me if they think I have lied to them.

In a weird way, I don't think it's anything nasty (just got a feeling) but I am on probation for 6 months at work and I do not want to do anything that puts my job at risk.

I asked my specialist about waiting till the Easter holidays for the biopsy, but they said depending on scan results (will need a biopsy even if scan results are clear) they may not want to leave me so long.

It's all horrible timing, and the main thing is I don't lose the job that I am really enjoying and have longed for term time working since having children.

Please help with any advice. I really need to know wether to be upfront now, or wait and get a definite diagnosis.

Comments

  • ValHaller
    ValHaller Posts: 5,212 Forumite
    1,000 Posts Combo Breaker
    At the moment you cannot say anything either way and I think the correct answer is 'a small surgical procedure'. Anything else is ifs and buts - and it is enough for you to deal with them for yourself - not get your employer involved.

    If you do involve your employer now but you get the hoped for all clear, I am afraid your employer will still think you are on the cancer ward if you ever have to take a day off.

    Be upfront when you have something solid to be upfront with,
    You might as well ask the Wizard of Oz to give you a big number as pay a Credit Referencing Agency for a so-called 'credit-score'
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    edited 24 February 2013 at 10:27AM
    At this point, I don't have strong feelings either way (if it was me, I'd be upfront, but that's just a personal view).

    If you say it is a minor surgical procedure and they are cooperative, fine. However, they may equate 'minor' with 'elective' and ask you to arrange for the procedure to be carried out during the Easter holidays (this is quite common in schools from my experience).

    If that happens, I would definitely tell the employer that I have been having investigations and now have to go in for a biopsy to rule out cancer, so it cannot be delayed.

    Why? Because under the Equality Act 2010, cancer is expressly listed as a 'disability' so the employer has a legal duty to make reasonable adjustments and not to discriminate for a reason relating to cancer. You do not have to actually have cancer, it is sufficient that the procedure is for a reason relating to cancer. So if they discriminate against you by dismissing you or warning you about having time off in term time, this would be for a reason relating to cancer and unlawful.

    But the EA protection only applies if you have made them aware that the procedure is for a reason relating to cancer. You may need confirmation from your consultant or GP that this is the reason for the biopsy.

    Of course this does depend on the employer being aware of their obligations under the legislation, but hopefully even if your school Head is not up to speed, the board of governers will be.

    Good luck whatever you decide to do.

    Dx
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Thanks for the comments so far. It's such an awkward dilemma as I don't want to lose this job.

    Daisy, thanks very much for your advice as well. I don't work in a school but a further education establishment (16-18). Does this make any difference?

    Also I know you say the law is on my side, but I worry that after 6 months (probation period) they will just say its not working (due to not having to give a reason). My husband who is a manager said in this situation his company would play it very very cautiously. As even if the new employee was rubbish at their job if they were having cancer tests, they would have to think long and hard about getting rid incase it was construed as discrimination.
  • I want to wish you luck and am glad that you have a good feeling about this.
    I just wanted to suggest you maybe ask about a Saturday appointment as I had one recently for another procedure. At least worth a try.
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Thanks for the comments so far. It's such an awkward dilemma as I don't want to lose this job.

    Daisy, thanks very much for your advice as well. I don't work in a school but a further education establishment (16-18). Does this make any difference?

    Also I know you say the law is on my side, but I worry that after 6 months (probation period) they will just say its not working (due to not having to give a reason). My husband who is a manager said in this situation his company would play it very very cautiously. As even if the new employee was rubbish at their job if they were having cancer tests, they would have to think long and hard about getting rid incase it was construed as discrimination.

    Hi, no, it doesn't make any difference to the law whatever employment you are in. If anything, from your point of view, it makes it better because they will almost certainly have a HR department, and access to an OHA.

    If anything this would make me even more likely to tell my employer as my experience of further education establishments is similar to that of your OH in that that they are normally VERY conscious of not doing anything that might have a whiff of discrimination about it, and normally err very much on the side of caution. Obviously there can never be any guarantees in this life, but my own way forward in your situation would be to ask to speak to HR in confidence, and explain the situation making clear that the biopsy is for suspected cancer and while your oncologist has advised you that it cannot wait until the Easter holidays.

    I should add that I do understand your dilemma as I was born with a genetic condition which requires regular hospital appointments. In the days before DDA I used to keep it quiet and try and work round it - often missing hospital appointments and putting my health at risk rather than risking my job. After DDA came in (now EA) and I felt more confident about the legal protection, I declared it .... and found to my surprise that my employer was supportive and willing to make allowances for my needs because they valued me as an employee.

    Good luck x
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Hi, usual story! Regular user but new username incase anyone recognises me!

    I have been going to my gp with some symptoms since beginning of feb. he referred me to a specialist (oncologist) who I saw last week for the first time. I am now undergoing lots of tests including scans and a biopsy to see if I have cancer or not. All my appts so far have been outside of work time but I know the biopsy is under a general anaesthetic as a day case so will need time off work for it (I'm aiming for just the day and go back the next day).

    Now here's the problem. Just as I went to the gp I started a new job (end of jan) and I work term time only so I am not allowed time off in term time at all.

    I have not told my manager yet as I feel until there is something to tell (ie I have cancer) that they will look very unfavourably on me. I love my new job so do not want to lose it.

    My problem I have is what do I tell them about the biopsy day. I was thinking of saying 'I have a small surgical procedure to be done'. But, speaking to a friend they suggested that I be upfront and honest as they may think worse of me if they think I have lied to them.

    In a weird way, I don't think it's anything nasty (just got a feeling) but I am on probation for 6 months at work and I do not want to do anything that puts my job at risk.

    I asked my specialist about waiting till the Easter holidays for the biopsy, but they said depending on scan results (will need a biopsy even if scan results are clear) they may not want to leave me so long.

    It's all horrible timing, and the main thing is I don't lose the job that I am really enjoying and have longed for term time working since having children.

    Please help with any advice. I really need to know wether to be upfront now, or wait and get a definite diagnosis.

    Sometimes with anaesthetics you can't drive/work for 24-48hrs after, so you may not be OK the following day.

    It may be worth asking if its possible for it to be done on a sataurday, some hospitals do offer weekend appointments these days or maybe later on a friday so you have the weekend to recover.

    Otherwise maybe say its a procedure done under anaesthetic so you will need time off and if they question it go into more detail.

    One other thing is that there may well be return to work procedures after inpatient stays, e.g Occupational Health may need to see you before you continue your duties, so may be worth a look at the sickness policy.
  • OP
    have you thought about asking your specialist?
    I was diagnosed with malignant melanoma and needed further surgery to remove tissue from around the mole in order to try and minimise the spread.
    I went for the results on a Friday morning and the surgeon wanted me to come in the fowllowing Friday for the surgery ( it was a day case too)

    I got very upset and told him that I volunteer for a childrens charity and we had our one and only event for professionals ( a physiotheapy training day) the Friday he wanted me to have surgery and that I was REALLY sorry- but I was organsing the event and couldn't let 150 physiotherapists down

    he did look at me a bit funny- and I did stress I would be happy to come any other time.............so he got me in the day after my results - the Saturday - I had the surgery and got my leg strapped up and was available ( if rather in a seated position) for my event the next week.

    SOMETIMES hospital staff CAN help you to meet obligations and it is possible if you ask the oncologist he/she MIGHT be able to arrange the biopsy for a friday afternoon or something and then you could possibly go after work and recuperate over the weekend - do ask - the worst that can happen is they say no.
  • Thanks everyone. I have decided to be upfront when I get the date of my biopsy if it can't be arranged outside of work time (ie after work Friday or Saturday or Easter holidays).

    The specialist has been fantastic so far at arranging all appts outside of work times for my scan and scan results so I don't want to push it too far with them. I explained to specialist I have just started a new job so she has been very accommodating.

    But if the biopsy cannot be done at a suitable time I will be upfront and honest with work. I also know that the specialist will refer it to a surgeon so I am at the mercy of someone else who may not be as understanding.
  • terra_ferma
    terra_ferma Posts: 5,484 Forumite
    I'd be honest too.
    When something so big happens in your life, you may find it more difficult to focus at work, or be friendly/sociable with people at work.
    It's important that people know you have major issues in your life, particularly as they don't know you very well and won't make allowances unless they know what's going on.

    Good luck with your tests :)
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