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Return to work with final written warning

Laineyloo
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Hello,

Could any one please offer advice. 

My husband has been absent from work for nearly two years.

He had a very rare form of cancer named neuroganglion blastoma.

It was quite a while before diagnosis was made, after my husband first started feeling poorly. 

During his time of absence, work was kept informed and updated at all times.

The best news is, my husband is now clear, just got to go back for three month scan in March. 

Husband is still weak and not back to full strength, and has arranged a phased return to work. The phased return is over three weeks, and then he is expected to resume full time. He is a grounds maintenance person.

He has had a zoom meeting today, and his boss has told him he can come back on the agreement he accepts a final written warning upon his return. This was made on the basis, that if my husband fell ill again, they could sack him.

I just can't believe what has been said.This has made both my husband and my self so hurt and upset.

Surely, this can't be acceptable? Does anyone have any experience or knowledge that may be able to shed some light.

Love and best wishes to all, Elaine 

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    Employment law is complex, and can depend on the contract that was initially signed. However, cancer is regarded as a disability. so discrimination can enter into the equation too. Cancer doesn't just begin and end with being in remission. After effects have to be taken into consideration too as you now know. It can be draining both emotionally and physically. What also matters, is if in those 2 years, your husband has absence unrelated to the cancer.  For example, he fell and broke his hand. As i said, this is just an example. 

    Before he agrees to anything, he needs to speak to citizens advice or, if he has one, a union. Duration might come into play too as can if the employer has made reasonable adjustments as to facilitate his return to work.

    I'm afraid it's not always black and white, even if the employer comes across as a little uncaring or crass, as the case might be here. Yeah, you need proper advice.

    Some things can also be construed as constructive dismissal. Like getting him to sign a new contract with new terms that no one else within the company is obliged to sign.

  • Hi Elaine, 

    Welcome to the forum although I'm sorry to read what has happened with your husband and his place of work. This must be very stressful.

    As ProfBaw pointed out in their post, cancer is regarded as a disability. The Equality Act was created to stop discrimination against anyone who is disabled and to make sure people were not treated differently because they have a disability.

    Macmillan have some useful information about Cancer and Employment Rights but it may be worth giving them a call as they're very knowledgeable in this field and will hopefully be able to offer some sound advice. 

    Do be sure to contact Citizen's Advice as well.

    I hope this information helps and your husband is able to get this resolved soon.

    Best wishes to you both,

    Steph, Cancer Chat Moderator

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    Is your husband not in a Union. Unite, GMB? Has his work not referred him to Occupational Health yet? . His employer by law has to support him, make reasonable adjustments so that he can remain/return to work. 

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