I broke down at work today

[icantcope2021]

I work as a key worker in a team of six. During lockdown 1 we all worked from our place of work as we cannot work from home. The other members of the team all have primary school aged children who all attended school during the lockdown.
In May I was diagnosed with cancer, I was then off sick until late October. Covid levels in my area have been very low so I wasn't too worried about catching it.
In December cases rose and I spoke to my manager about my anxieties about working as two members of the team had tested positive. I asked if I could be furloughed due to health reasons (I am not on the shielding list) and she told me she would look into it in the new year.
Today I have found out two of my colleagues have been furloughed due to childcare issues and it broke me because it means now I can't be furloughed. I feel so anxious and scared about working. AIBU?

Whilst I am not saying the manager is right, I am failing to see how refusing furlough to someone is discrimination simply because that person has a disability. They were not refused because they have a disability (which would be the requirement for discrimination) and there is no evidence that their disability in any way informed a decision to refuse the furlough. There is no discrimination, and claiming there is is a rabbit hole that will lose the fight.

There is a stronger argument that the others are keyworkers and therefore their children can go to school and therefore furlough is not a requirement. There is a stronger argument that you are clinically vulnerable - I assume that you will now have a shielding letter, or your GP would provide evidence that your health is substantially at risk by going to work? But you need to fight this on bases that you can win. There is no right to furlough because someone is disabled, and there is no evidence of discrimination in law.

Areas are also stricter on the kids they accept as keyworker kids.

Why do the have childcare issues? If you are a keyworker schools are open so that shouldn't have been an issue- I would speak to her again because you are at risk as a cancer patient

Some schools only offer keyworker places if both parents are keyworkers. Some schools don’t have enough staff to provide a service to keyworkers. And most wrap around childcare has closed so if they’re shift workers they’d have no choice.

OP I understand you’re anxious but you’re not on the shielding list so presumably not immunocompromised or at higher risk than your colleagues? They could also have health problems (auto immune conditions, severe asthma etc) that your manager can’t disclose to you for confidentiality reasons.

Being off sick for months (even with an illness as awful as cancer) your manager may fear a mutiny from colleagues with kids if she furloughs you over them.

Ask for your risk assessment.

As someone with cancer, you are automatically classed as disabled under the Equalities Act, and that come with stat duties for your employer.

You should have had back to work meetings and Risk Assessments done when you returned to work, and these should have been kept up to date.

As Keyworkers, the children are entitled to a school place, but none of that is your issue. You need to push back and make this the management issue it is. Hence me saying ask for the documentation, including the measures that they are taking to keep you safe now, as a way of focussing their minds that you need consideration.

Are you on any current treatment that would affect you, particularly if it impacts the immune system.

Cancer is a legally recognised disability, and as such you are covered under the Equality Act: www.cancerresearchuk.org/about-cancer/coping/practically/the-disability-discrimination-act-equality-act-and-cancer

Request a formal meeting with your manager to discuss Reasonable Adjustments that you are legally entitled to request. This can include changes to working patterns (could you afford to go part time to reduce the risk?)

www.equalityhumanrights.com/en/multipage-guide/employment-workplace-adjustments

Alternatively, could you afford to go off sick?

This is unbelievable. Surely they should be eligible for school places? Have you straight out asked the two furloughed colleagues if they'd consider coming back considering you have cancer and guilt-tripped them? I just can't believe that the company would do this, especially knowing that the colleagues managed to get school places last time.

Furlough is for people at risk of redundancy! Not for childcare!
So unfair I am disgusted by your treatment from your boss.

Furlough is for people at risk of redundancy! Not for childcare!

Somewhere alone the line the Gov said it could be used for Childcare reasons.
I don't think the Gov have ever said it can be used for shielding. That comes under sick pay it think.

So no technically employer isn't doing anything wrong.

Surely they should be eligible for school places? Have you straight out asked the two furloughed colleagues if they'd consider coming back considering you have cancer and guilt-tripped them?

Guilt tripping the furloughed colleagues to see if you can make them feel bad enough to swap? That is wrong on so many levels! The colleagues didn’t give the OP cancer, nor did they ask for schools to suddenly close.

Keyworker children aren’t guaranteed school places. Most wraparound care (before/after school) has stopped so even with kids in school 9am-3pm the colleagues can’t work outside of those hours. The manager can’t force staff to work when no childcare is available.

Or do your team work 9am-3pm?

You could speak to occupational health and ask for risk assessments. But if you were given the all clear in October and no longer take medication it’s unlikely they can tell you to shield on health grounds?

Go see your GP explain whats happening and get a sick note. Your mental health is already suffering and will not get any better if you keep putting yourself through that kind of daily stress/anxiety.

Thats what I don't understand, during lockdown 1 they all went to school and now they can't. Im not sure if they are using their children as an excuse to have time off as one of my colleagues was moaning before Christmas about how she could do with a few weeks off!

Our school allowed school places where only one parent (in a household with two parents) was a key worker during lockdown 1, but this time all adults in the household need to be key workers for a place.

It's really unfair OP as you asked first - maybe take this up with your HR dept and see what they say.

What is your workplace like? With two fewer team members it may feel far safer.

@Bewarethesealions

She just explained that she had to prioritise the staff with childcare issues first.

So she's discriminating against you because of your reproductive status?

That's what stood out for me too. OP is effectively being discriminated against.

Childcare is the priority rather than your health...as someone else said "Having children is not a protected characteristic. Having cancer or other disabilities is".

Wow just wow what an unhelpful manager. Can you WFH? Take sick leave? So wrong - I hope you manage to sort out a solution.

Sending thoughts to you.

OP, is there a clinical reason why you need to be furloughed or is it just because you're anxious?

It's perfectly legal to discriminate against people for lots of reasons. You can discriminate against people perfectly legally due to social class, for instance.

@icantcope2021
My goodness, you deserve bloody furlough if anyone does!
So deeply unfair.

Hope they see sense and furlough you.
So sick to the back teeth of one rule for one and another rule for others.

Do you belong to a union?

Childcare is the priority

I think it’s lack of childcare that’s the priority here. Lack of childcare=lack of staff.

That your employer is in the tricky situation of more staff with challenges than they can manage via furlough is not your problem and not an excuse to leave you in a high risk situation. Certainly not to tell you that childcare issues are more serious than your risk of serious illness.

Good advice here: HR, occupational health, asking for a risk assessment, all helpful things, talk with your GP too. If furlough isn't the way your employer can handle things then they will have to find another way, in making your working situation safer, or in sick leave or other measures.

Schools are stricter now on key worker places , our school had 50 applications when last lockdown there were only 10 kids in in total 🤷‍♀️

Disgraceful. I have a staff member who had cancer and her partner now has cancer. Emergency services and her role cannot be done from home. I have given her different work to do so she can work from home as the risk to both her and her partner are too great. We don’t furlough because of the nature of our work and I will adjust shifts for those with childcare issues but the ones with health problems are the ones that get the limited resources we have for home working.

Please speak to your union if you are in one.

Have your Doctors told you that you are at increased risk from coronavirus because of your cancer diagnoses?

Why are you not classed as CEV/having to shield OP?

Sorry you're having a hard time, OP, it's completely understandable that you're upset and concerned.

I don't think having cancer does put you on the vulnerable list though unless you've had chemo within a certain time frame as that decimates the immune system. It's the lack of immune system, not the cancer itself that is regarded the issue, as far as I'm aware - it's definitely worth querying with your GP though.