P45 issued and Cancer

[EachandEveryone]

Just out of the blue today. Could it be a mistake? I’ve been a nurse for 23 years and love my job and have a good relationship with the team. I have been off sick with cancer treatment which has been rough. I managed to go back for six months this year and had to go off sick again for more chemo in May. My ssp ended on 11th November and days later I get a p45 in the post. What would have triggered that? As far as I am aware my job is waiting for me when I am better with adjustments. I’ve not heard any different and I have kept up to date with my sick notes etc.

does anyone have any experience in this field?

thanks

Sorry for what you are going through. That is so bad. You need to ring your HR department . They should have meetings with you etc.

I am so sorry you have been issued a P45 effectively terminating your employment. I do wonder if it is an administrative error, albeit an awful one, as you’ve been told you have a job to go back to with reasonable adjustments.

I am sure someone with more knowledge will come along soon. Your employer has dismissed you without following procedure by the sound of it and as cancer is classed as a disability, you are covered under the Equality Act 2010. You, I imagine, therefore, will likely be able to claim unfair dismissal and / or disability discrimination.

I think you should be very careful about what you do next and get some advice before approaching your employer as you don’t want to jeopardise any case against them if they stand by the dismissal. I found this on the cancer research page. https://www.macmillan.org.uk/cancer-information-and-support/impacts-of-cancer/work-and-cancer/types-of-discrimination-at-work.

Other places to get advice are ACAS and you can call them for more help. https://www.acas.org.uk/supporting-disabled-people/capability-and-performance-when-someone-is-disabled#:~:text=If%20you%20think%20you're%20being%20treated%20unfairly&text=If%20you%20think%20you've%20been%20unfairly%20dismissed%20you%20could,your%20employer%20for%202%20years. I found this page and see also the link at the bottom about unfair dismissal. Idk how long you worked there for unfair dismissal usually needs a minimum of 2 years service. However, as you have cancer, you are covered under the EA2010, this is a protected characteristic and my understanding is from what I read on the 2 pages, the 2 year duration does not apply.

To add - In your place, if I could afford it I would be contacting an employment lawyer. I would also ask for a set cost of any work performed so that you know what they can offer.

Speak to your manager first, who I should imagine would be mortified- hopefully just a HR error- then contact your union who could instruct legal assistance on your behalf x

I don't work in the NHS (which I know is a lot more lenient on those things) but that's standard practice everywhere else that when you run out of sick pay & ssp your employment is terminated if you are unable to return to work.

Check with HR, are you a bank worker I have known P45 be issued if you haven't worked shifts for a long period of time.

HR person - email and ask if you have received this in error. Wait for reply. Things in writing at this stage is best. If it’s not in error, call an employment solicitor. Your home insurance often covers legal advice but ACAS can also help for free. In this case, it would be incredibly poor practice to do this. They can’t decide you’re not capable of a return without adjustments. Occupational health would most certainly need an input. Are we talking NHS?

Not everywhere by any means. SSP is only 6 months, which isn't that long for recovery from cancer treatments or an accident.

A friend who works in HR in education said they don't start looking at dismissal for at least a year, and only then if there's no prospect of return.

I work for a private company and have been off nearly 18 months now, with almost a year of that unpaid. They've been incredibly supportive and I'm looking to go back on reduced hours early next year.

Definitely email HR and also contact ACAS, Op. Sounds like a massive cock up to me. Good luck.

I think it will be an admin error - when someone ending SSP they've pressed the dnd employment button too, and P45 auto generated. NHS wouldn't terminate long term staff member who was off sick in this way. Contact them ASAP.

I know I keep thinking this would mean I’ve lost any death in service payment or any chance to take Ill health retirement plus I can’t afford not to go back. NHS for over 24 years. It’s not the money as I’ve budgeted for my salary stopping. Chemo ends at Christmas then we try immunotherapy and I was going to get that started and see if I can go back then. They’ve got adjustments in place as I already went back for five months this year and it was going really well. It has to be a cock up. We have had an in experienced manager and I think I’ve had two phone calls since I went off. Everyone always tells me how I’m missed and they are looking forward to me coming back so I don’t know what triggered it really. I don’t need it at this time. I have 8 weeks annual leave which is also making me wonder if it’s been a big mistake as surely that would’ve been paid.

Good luck with immuno treatment BTW, my brother has had great success with it from stage 4 diagnosis recently, now no evidence of disease, monitoring only! Seems to be the way forward. xx

It absolutely isn’t.

She doesn't need a lawyer yet, it has to go via tribunal which ACAS have to authorise, so ACAS is the first port of call after speaking with HR and payroll.

Ex-NHS HR. This is absolutely a mistake. They can’t (legally) dismiss without following a specific process which you would have to be part of.

Contact your manager and HR and get it fixed ASAP.

Yes they would have had to pay leave etc. Do you have union rep?
In any case this seems a big mistake so I'd get onto them ASAP today. They should have followed a process if they wanted to dismiss you and clearly they didn't.

It sounds like a huge mistake. I'd message your union and give them details. Then I'd message HR and your manager to ask if it's a mistake.

Do it all by email if possible. Get a written trail.

Hopefully it'll be quickly sorted without too much difficulty.

And I wish you well with the rest of your treatment.

Wow okay! How the other half live!! . I've had various jobs all minimum wage & employment is automatically terminated when you run out of ssp.

Certainly is where I work. (Farming/agriculture/min wage shop work)

Poor you, I think it is an error. I lost my NHS job through ill health and was pensioned off. I went through a year of reasonable adjustments and I think three stages of capability before I left. Contact HR,union and manager. Good luck x

Email HR today challenging this. Ensure if it is an error - which it almost certainly is - that they put that in writing.

Even if it is an error the insensitivity is staggering. You could consider raising a grievance if you have the mental energy to do so.

It is absolutely not standard practice anywhere to just send someone on long term sick leave a P45!

If a company is going to terminate someone's contract on the grounds of ill health there's a process to follow .
Occupational health assessment followed by a meeting with the manager is the way the vast majority of companies do it.

I think it must be an error as they have to do exit interviews, fill in a ton of forms.
Start with your manager , then HR if necessary. If you don’t get anywhere with them ( passing the buck to avoid admitting who got it wrong) go to ACAS. Or your union.
Best of luck with all your treatment 💐

Just come here to say that if this isn't an administration error then what a shit way to treat a long standing employee. This is why people should never go above and beyond for any employer .

I would contact hr, your line manager, occy health and your union. There is a process to follow if they or you want to resign of retire due to ill health. Have they ever suggested you may lose your job, it doesn't sound right. I was off long term and had a meeting with my manager, hr and the occy health doctor who assessed if I was fit to return on phased return. sorry to hear youve been unwell, hope you get it sorted. Are you in a union.