Termination due to illness

alexjonsson

Hi, sorry if similar questions have been posted previously, but I'd like to present a hypothetical situation that may become reality in the next few months, and obtain some opinions.

I started a new job in March this year, having recovered from cancer that I was being treated for last year. My employer was aware of my medical history and the fact that I would need time off to attend followup appointments.

Unfortunately I have been diagnosed with cancer again, and have recently started chemotherapy. I have gone on sick leave, and my employer is/has paid 21 days' sick pay at full rate plus outstanding annual leave through the payroll process. After this I will be going on to SSP.

A month or so before going on sick leave I passed my six month probation with a 'satisfactory' score for every assessment criterion (the options are 'needs improvement' or 'satisfactory').

My employer provides the benefit of a salary continuance insurance policy (at 50%), which can be claimed after six months' continued sickness absence.

Lastly, my employer also said that as I would be off in the long term (at least three months) they would need to recruit to fill my position (i.e. so my job still exists/needs doing).

My question is, can my employer let me go without any consequences to them? I understand that I've been with them for less than two years, but my position exists, I'm 'satisfactory', there is work that needs doing, and the only reason I'm not doing my job is due to sickness.

Does sickness fall under the 'sack you for any reason before two years' law, or are there more rights covering this? I'm concerned that they will let me go before the insurance policy kicks in.

Thanks in advance.

Takeaway_Addict

You would be protected by the equalities act as standard as its cancer.

This means that if they dismiss because of it then it is highly likely you would be able to bring a successful claim against them at a tribunal.

However, it doesn't mean they cannot dismiss you eventually through the proper procedures but this is more likely to be months to a year down the line if you are still not working.

I can't say they won't let you go so soon because only they will know but I would expect them to be very silly to.

alexjonsson

Thanks, great answer. I didn't know that cancer was covered as standard under the equalities act, it makes for an interesting read.

The salary continuance insurance policy lasts for five years, so I suspect that if they didn't want people to be off for that long it wouldn't be so. So essentially if they begin to let me claim after six months there's no reason why they should want to let me go.

Obviously I'm keen to get back to work as soon as possible, but it's good to know that there is some legal protection should I need it.

Takeaway_Addict

Definately definately do some reading up on it and make yourself fully conversant

paddedjohn

My employer provides the benefit of a salary continuance insurance policy (at 50%), which can be claimed after six months' continued sickness absence.




Is there any small print in this policy regarding previous illness's that may exclude you from getting anything? Just a thought and it may be worthy checking.

bluenoseam

as Takeaway_addict said, you're covered & any attempt to fire you because of a diagnosis of cancer wouldn't end well for them, it would be a PR disaster! They do have a point though in that they'll need to bring someone in to cover you, arguably not the best thing in the world to mention to you personally but meh, some people don't "get" it. I was covered by a christmas temp who was kept on - the timing was just "nice" for that to happen. (in the end, said temp got my job in the end when I walked shortly after returning)

But if you're in need of advice, I'd get in touch with MacMillan, they'll hook you up with someone to help you with regards to your rights - no doubt you already know that from last time out. Best of luck to you, just remember your health is always the primary concern, work can take a back seat at a time like this.

antonic

You need to remember that although you are covered by the Equalities Act 2010, because of your cancer, your employer can still dismiss you on grounds of capability - ie you cant do the job you are being paid to do.

I hope this doesnt happen and I also hope you beat the cancer.

alexjonsson

Hi, thanks again for your replies.

paddedjohn, I've read the company's guidance notes on the salary continuance insurance, and it states that the benefit is provided regardless of previous medical history. Seems like madness I know, but heigh ho.

I agree that the company would be a little unwise to sack me because of cancer, but I'd certainly want to be cognisant of the relevant legislation before presenting any challenge.

I also agree that I'm supposed to be able to actually do my job, and if I can't then it could present a problem. I was a bit surprised that they said they were planning to recruit, although they did later tell me that they may get someone a grade above me so that they could look to keep them on as part of strategic expansion. We'll see.

Anyway, this is currently hypothetical and for now I will concentrate on getting better. Chemo 4 of 6 tomorrow, so I'm looking forward to a week of vomiting and sofa time.

Cheers.

Takeaway_Addict

Good luck...

antonic

alexjonsson wrote: »

Hi, thanks again for your replies.

paddedjohn, I've read the company's guidance notes on the salary continuance insurance, and it states that the benefit is provided regardless of previous medical history. Seems like madness I know, but heigh ho.

I agree that the company would be a little unwise to sack me because of cancer, but I'd certainly want to be cognisant of the relevant legislation before presenting any challenge.

I also agree that I'm supposed to be able to actually do my job, and if I can't then it could present a problem. I was a bit surprised that they said they were planning to recruit, although they did later tell me that they may get someone a grade above me so that they could look to keep them on as part of strategic expansion. We'll see.

Anyway, this is currently hypothetical and for now I will concentrate on getting better. Chemo 4 of 6 tomorrow, so I'm looking forward to a week of vomiting and sofa time.

Cheers.

I`m hoping you get rid of the b*****d illness soon.

SeaLion_2

alexjonsson wrote: »

Hi, thanks again for your replies.

paddedjohn, I've read the company's guidance notes on the salary continuance insurance, and it states that the benefit is provided regardless of previous medical history. Seems like madness I know, but heigh ho.

I agree that the company would be a little unwise to sack me because of cancer, but I'd certainly want to be cognisant of the relevant legislation before presenting any challenge.

I also agree that I'm supposed to be able to actually do my job, and if I can't then it could present a problem. I was a bit surprised that they said they were planning to recruit, although they did later tell me that they may get someone a grade above me so that they could look to keep them on as part of strategic expansion. We'll see.

Anyway, this is currently hypothetical and for now I will concentrate on getting better. Chemo 4 of 6 tomorrow, so I'm looking forward to a week of vomiting and sofa time.

Cheers.

I hope your treatment goes well.
Don't be concerned about the fact they are recruiting, the job that needs to be done is still there even when you are absent and if they recruit at your grade they may just do fixed term contract. If the job didn't need to be done, then you could potentially even be made redundant.