I've got cancer and now I'm being pushed out [LBC Legal Hour]

[@fridarey]

When my employer discovered one of our office team had a cancer diagnosis they added her to the private healthcare which Directors get (pre-existing conditions accepted). I want these ghouls named and shamed for what they did to Sophia.

[@4TheRecord]

Your employer is rare.

[@fridarey]

@@4TheRecord My employer has cared about their people for generations. We have many with 10, 20, even 40 years service. People are at the centre of our growth. Loyalty is earned and always works both ways; both employer and employee benefit.

[@HCP5]

How is this even legal?! In my country (the Netherlands) it’s absolutely impossible to be fired when you’re on sick leave, especially when it’s illnesses like cancer.

[@jons9721]

@Minimmalmythicist I don't think you can expect you can stay on paid sick leave for ever or even unpaid sick leave. There is a balance here. If you were a lifeguard and lose the use of your legs there is no reasonable adjustment that is going to allow you to stay in your job. Also if you are unlikely to be able to work for several years your employer isn't required to keep you on. What Daniel didn't mention is with a settlement offer there is a requirement for it to include reasonable legal costs to go over it independently. I think she is better negotiating on it and concentrating on getting better before worrying about work

[@jons9721]

@Minimmalmythicist Which isn't much, generally a settlement offer is more than statuary redundancy. They are paying you to go away.

[@wulliest]

Corporate scumbags. Consider this next time your employer talks about loyalty and values

[@MindSetReset]

what mean employers! Sophia my prayers are with you that you overcome this illness. Blessings to you, keep your chin up❤❤

[@ProDemocracy01]

This is the best legal channel with a real Barrister, much better than those TikTok accidental lawyers. All the best, Sophia. Get well soon.

[@xbriskx]

He wanted to ask if it was terminal....but she didnt get the hint.

[@thomasdalton1508]

He misspoke and asked if the diagnosis was good rather than the prognosis, which confused her. If he had said the right word, she probably would have answered the right question!

[@italifacts1461]

@@thomasdalton1508 _Eh...I think the spirit of that sentence was clear._

[@thomasdalton1508]

@@italifacts1461 It was clear to you and me. It apparently wasn't clear to the caller.

[@italifacts1461]

@@thomasdalton1508 _Yeah, one has to consider the benefit of hindsight and KZbin._

[@macsmiffy2197]

This is workers need the backing of a Trades Union.

[@Bluetoothedshark]

just remember, you're a diagnosis away from being in need of the help and support because this is what happens to disabled and sick people who try to work, you get treated like crap and pushed away.

[@ForburyLion]

My employer gave a manager of mine almost a year off when he had an undisclosed medical illness and was receiving treatment, they then managed his return to work and stood by him. He was replaceable, but they did the right thing. This is the thing people need to find out about if they have the luxury of choosing their next employer rather than opting for one which pays slightly more money.

[@stanthemafia]

Depressing- I hope she gets well soon

[@jamesupton4996]

This is where you need to be in a Union. - which can negotiate a severance package, and a decent reference. But the writing"s on the wall if she tries to tough it out - and the pressure of having a serious health condition won't help.

[@stringer6435]

not surprised, sadley corporate greed!

[@thomasdalton1508]

What he didn't give any advice on is what to do if she decides not to accept the settlement. Stay there and do her best knowing that she's going to fail the PIP and be fired in a few months (does anyone ever get successfully taken off a PIP?) or leave now and claim constructive dismissal? It's going to be a horrible few months if she stays.

[@coderider3022]

@@thomasdalton1508 she admits performance is health related so doubt she would win any contrastive dismissal claim. I assumed before they approached her with offer, there was discussions around this.

[@ar50000]

Yes, that's the crux if it. It wasn't explained. How to go about resigning and claiming constructive dismissal?

[@boeos]

From my knowledge of PIP's atleast in my company, they're extremely difficult to get off, they are almost designed to manage you out the business, unless you can miraculously be too good to turf out. However if that was the case, you would never of gotten on a PIP in the first place.

[@anthonymiller8122]

Good look with you health, always put your health first ❤. Also, check if you have legal cover with your home insurance. If you do, this will cover you for employment issues and as long as your case (could be disability discrimination etc) meets the threshold of 51% or more chance of winning, all your legal costs will be covered 😊.

[@ajfraser7648]

While we are not privy to the correspondence, you would have expect the employer to have explored options such as reducing her contracted hours, offering flexible working or stepping down into a different role on a temporary or permanent basis in the first instance. Furthermore, if she is having intermittent sickness absence, they should be managing this as a long term sickness issue and making reasonable adjustments based on OH advice. I am really saddened to hear about the way this woman is being treated.

[@UKRenna]

They sound like an appalling company.

[@vladimirimp]

Capitalism. Isn’t it awful? How did we get here?

[@loc4725]

We got "here" thanks to capitalism. It's why we've got healthcare, enough food for everyone and why you are able to watch this. *Edit:* Just to add, this woman has a job *in advertising,* one of the most capitalistic professions there is. When she had a legal problem, the employer violating her rights, she was able to call a *pro bono* legal phone-in programme and get both herself and probably some others some valuable legal advice. But capitalism is bad, right?

[@praguepersona9624]

Unfettered capitalism is indeed, very bad. As with most things, a balance needs to be struck.

[@vladimirimp]

@@loc4725 You may be right - we only have this existence to compare. I find it hard to believe that humans would be unable to invent without someone outside the process personally benefiting to the detriment of the innovators. The longer I live the more I belief that capitalism is bad, yes. Even if someone fired for having cancer worked in advertising.

[@vladimirimp]

@@praguepersona9624 I used to think it was just a question of balance but the longer I live the more I think it's just fundamentally wrong to have a system designed to push wealth to the wealthy and poverty to the poorest.

[@p8700-z5q]

​@@vladimirimpthe ills of society aren't simply caused by "capitalism". The government is letting you down. They are taxing you more and giving you less in return. The solution is not to give the government more responsibility for your welfare. You can see examples of that in China and Venezuela today, and Russia and Germany in the 30s and 40s.

[@logitech2010100]

Reminds me of the movie philadelphia

[@coderider3022]

Difficult one, can happen to anyone. Think I would try negotiate more in the package and request some sort of (good will/gesture) reference that’s reflective of diagnosis not performance to sign and leave. Sounds like it on a 1 way termination track otherwise, not worth the hassle.

[@katscotty]

Defintely as part of the Settlement Agreement an excellent reference should be part of it.

[@goodolekayjay6096]

Counter the settlement agreement requesting an improvement then get the hell out and focus on your health.

[@katscotty]

Yes never accept their first offer - they will pay more!

[@leesaunders8407]

This, hr person here i totally agreed negotiate a higher figure

[@6643bear]

Disgusting behaviour from that employer , but this getting quite normal these days unfortunately I got bullied at work by my manager had a nervous breakdown and got a red letter day before he took he over and really good reports , I worked for major broadcast company I wrote to mist senior manager, he said I had to deal with my manager who’s bullied me, the hr and occupational health is management tool to get rid of staff not tho help . I hope that lady gets things sorted . Regards mark

[@ulfetkoroglu120]

Sophia you should put in grievances. Get a lawyer. Do not allow your employer, to whom you probably given a lot of time, blood sweat and tears working to be treated like that when you are faced with illness!

[@googleuser8740]

Did anyone text in?

[@12bigredd]

yeah they tried this with me I made them wait the 3 years and then got a nice payout after they tried to say I was not entitled to holiday pay lol it was funny the day £600 turned into £13k lol I live in a mid sized town and they hated I beat them lol and they talked about it down the pub and then I filed a privacy suit and got another £10k lol haven't heard a word since.

[@steven482]

Well, im going to be even more direct than Dan. Gov will give you £800pcm +pip +your rent paid (upto certain level). I was long term unemployed with my diagnosys, so the pay upgrade for me was insane. But Im a hospitality worker and was more recently a decorator. With the meds im on i wouldnt like to go back to either. You think you wont like it, get a hobby, a cat and get looked after. Hope everything works out for you. The employer is a muppet but they are kind of doing you a favour. Any more than £6k and the gov take deductions.

[@simonharris4873]

Negotiate for a better package.

[@simonharris4873]

@Courtney-pl7er Thanx for your input, short, but pointless.

[@jamiem4121]

Didn't advise to negotiate for a higher settlement. Didn't advise to hire an employment solicitor to negotiate on your behalf. Terrible lawyer.

[@kevinshanahan6064]

The short timescale question answered this. Go to HR for more time. Negotiating a higher settlement is an admission or message the employee is thinking about it, The issue is the dismissal.