Can they do that

Undervalued

TELLIT01 wrote: »

If the employer isn't going to pay her she will need to claim ESA. All that's required is a medical certificate from the GP and a form SSP1 from the employer explaining why there is no entitlement to Statutory Sick pay.

The OP said her friend had returned to do "light duties" presumably granted as a reasonable adjustment. If she is fit enough to do that she is unlikely to get ESA beyond the initial assessment phase. Obviously if the doctor decides she is not well enough for any work then that is another matter.

missbiggles1

Undervalued wrote: »

The OP said her friend had returned to do "light duties" presumably granted as a reasonable adjustment. If she is fit enough to do that she is unlikely to get ESA beyond the initial assessment phase. Obviously if the doctor decides she is not well enough for any work then that is another matter.

I assumed that the ESA suggestion was for when she has to go off sick again for the operation.

mirand

Thank you all for your replies really appreciated.

No one would imagine how cancer change lives and affect loved ones till it happens.

GPs , doctors, hospital bombards you with information and leaflets...all seems to touch on subjects and none gives detailed guide on what to do.....

When our family is out of this....myself and brother decided to write and distribute across the social media an "Idiots guide to dealing with cancer" in terms of employment and day to day living activities....we hope someone will benefit from this having seen what our sister is going through.

thanks again to everyone who took the time to reply and wish us luck, the operation end of next week.

Sncjw

What's about contacting McMillan theh provide alor of support.

paddyrg

mirand wrote: »

Thank you all for your replies really appreciated.

No one would imagine how cancer change lives and affect loved ones till it happens.

GPs , doctors, hospital bombards you with information and leaflets...all seems to touch on subjects and none gives detailed guide on what to do.....

When our family is out of this....myself and brother decided to write and distribute across the social media an "Idiots guide to dealing with cancer" in terms of employment and day to day living activities....we hope someone will benefit from this having seen what our sister is going through.

thanks again to everyone who took the time to reply and wish us luck, the operation end of next week.

It's a good idea, and if you get it right, you might find Macmillan will even want to put a copy on their site

dotchas

Try the TUC website, its has info about the Equalities Act. Cancer is automatically covered. I can't see how they can comply with that and not pay for 2 episodes of sickness due to cancer. Someone covered under the Equalities Act has to be treated the same as someone without the disability. That is clearly not happening in this case.

Takeaway_Addict

dotchas wrote: »

Try the TUC website, its has info about the Equalities Act. Cancer is automatically covered. I can't see how they can comply with that and not pay for 2 episodes of sickness due to cancer. Someone covered under the Equalities Act has to be treated the same as someone without the disability. That is clearly not happening in this case.

Why do you say that? It clearly sounds like the OP is treating the person with cancer like those that have been ill with other things.

No discrimination in my view.

Nick_C

Many people with cancer would continue to work as often as possible through chemo. I've known people who are dying of cancer to continue to try to lead a normal life for as long as possible, including going to work when they can. Six months sick pay is generous. Employment is a contract. You can't expect an employer to keep paying indefinitely for someone to be absent from work.

Undervalued

dotchas wrote: »

Try the TUC website, its has info about the Equalities Act. Cancer is automatically covered. I can't see how they can comply with that and not pay for 2 episodes of sickness due to cancer. Someone covered under the Equalities Act has to be treated the same as someone without the disability. That is clearly not happening in this case.

The fact that it is automatically a disability for the purposes of the Equalities Act doesn't directly affect her sick pay entitlement. She may well have used up her entitlement to company sick pay.

Being disabled entitles her to "reasonable adjustments" which is not the same thing as extra or unlimited sick pay! A reasonable adjustment may, for example, be allowing a longer period of absence before triggering a review or disciplinary action.