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Question? Please give honest answer
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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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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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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 (user no longer on site)
over a year ago
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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 *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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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 (user no longer on site)
over a year ago
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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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"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
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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
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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 *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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"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.
"
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
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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 *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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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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"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
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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 *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 (user no longer on site)
over a year ago
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"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
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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
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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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Rest up and concentrate on getting better. X