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?

I’m so sorry this has happened to you your health as an employee comes above children of employee who need child care. This is so wrong. Your boss is vile.

Looks like you are getting good advice here, Op. Hope you are able to use it.

Honestly it depends on the cancer treatment. Skin cancer that was removed with surgery for example wouldn’t mean you were anymore vulnerable than anyone else. If no chemo then immune system wise there shouldn’t be a higher risk. I can understand the anxiety though.

With regards to childcare the provision is pretty variable which might explain their problems.

Could you ask for an occ health review of your risk?

I’m sorry opp I’m going to have to leave this post. Women putting there childcare need above yourself And trying to justify it .

@happystone

I’m sorry opp I’m going to have to leave this post. Women putting there childcare need above yourself And trying to justify it .

Please don't take this the wrong way (and I'm someone who has had advanced cancer and went through hell with intense chemo and multiple surgeries that left me in intensive care fighting for my life, before anyone @'s me).

Cancer doesn't automatically make you vulnerable. You say you didn't have chemo, so it's not clear how you're more at risk or need to shield. It sounds like you've fully recovered from your treatment and it's more that your anxious about being out and about during the current peak we're in. Unfortunately, it's not unreasonable for your employer to refuse.

This is not a case of childcare trumping someone's health, but more someone who has had health issues.

If I'm wrong and you're still having treatment, etc. then I take that all back. But having had cancer isn't the same as having cancer now (putting aside the 5 year remission rule, etc etc).

@happystone

I’m sorry opp I’m going to have to leave this post. Women putting there childcare need above yourself And trying to justify it .

Other staff don’t have to justify anything anyway! They requested furlough for childcare and got it.

It’s the management of ops risk that’s the issue and how the decision on who gets furlough was made.

It’s not op v other staff.

Go above her and raise a grievance

Unfortunately unless you are classified as ECV you are not entitled to be furloughed.

The guidelines specifically state that employees with childcare difficulties can be furloughed.

I completely empathise with your situation and it does seem unfair but your employer on the face of it would appear to be following the guidelines correctly.

‘ Worth considering that a cancer diagnosis counts as a disability under the relevant disability discrimination prevention laws - just in case it comes to that’

Plus all the other posts that confirm the Equality Act. Also your adjustments & consideration by law start on the day of your cancer diagnosis.

I suggest that you ring ACAS for definitive employment advice. Read their website first so that you can jump to the nitty gritty with the helpline.

www.acas.org.uk/contact
+443001231100
Open 8-6, Monday to Friday

Your line manager may take a more enlighten view once you have shared the advice ACAS give to you. If it sweetens the pill for them, ACAS may offer to write to the HR Director to clarify best practice - something any HR person with a squeak of knowledge about Equalities Act would NOT need to be told. But it’ll get your line manager on the right track.

I hope your health continues to improve.

Just reading back to the first post by @icantcope2021, it seems to me that from your May 2020 diagnosis of cancer you were covered by the Equalities Act.

There fore your line manager was swerving best practice & sensible management not to consider the reasonable risk that people with disability & long term health conditions would need adjustments in light of the COVID risks ( quite reasonable).

That the line manager or business has not taken account of multiple requests for flexibility - of whatever pattern requested - is their problem to resolve.

Pissing you off & being shown to disregard the very principles of employment legislation seems remarkably risky.

Get advice from ACAS.
Speak to the line manager first, but carry a big stick.
If you do not get a satisfactory outcome straight away, then refer to HR & second line manager.

My mind went to skin cancer too - obviously the details of the OP’s situation are unknown but if she had a cancerous mole removed it would be a bit ridiculous to ask for furlough so it’s not automatically the path for all cancers.

Are you still undergoing cancer treatment/only finish recently OP? Or was it a while ago? And was it a type of cancer or treatment that would affect your immune system or lungs?

My dSis has recently had cancer treatment (surgery only) and does not believe she it at any increased risk from Covid? Once she had physically recovered from the surgery (which did take a while but she's over 60) she was happy to go back to work (NHS - albeit admin not patient-facing). I think she's pretty well-informed?

I posted to reassure you that you may not be at extra risk either, I know she isn't (operation was in the spring)

You've been through the mill since your diagnosis in May, I'm sure, and your breaking down at work shows the awful stress you are under.

All this talk of meeting with HR, contacting ACAS, meeting with your manager to make legal arguments etc must be absolutely overwhelming.

I think that the best course of action is to see your GP and get signed off. When you feel up to it, contact your Macmillan Nurse if you have one, or call their helpline.

You poor thing- I really do sympathise.

Do you still have cancer OP?

oh, and dsis went back to work after about 12-15 weeks iirc.

I am so sorry that you are in this situation, OP.
It really infuriates me how people with childcare issues are yet again being positively discriminated against over those of us who don't have such issues. Even though we don't have childcare issues, we still have a life and circumstances that we would like our managers to take into consideration.

A lady in my department has been granted copious amounts of time off, separate to annual leave and carers leave. And we are WFH!!! It often puts those of us who don't have children/childcare issues at a disadvantage.

I can't offer any advice but here is a virtual hand hold 💕 I understand and share your frustrations.

Try your doctor for a sick note and get signed off, I don't see why their childcare issues trump your health problems.

I’m so sorry this is happening to you. I think it’s wholly unfair and may be worth going above your manager to resolve.

@TillyTopper

Try your doctor for a sick note and get signed off, I don't see why their childcare issues trump your health problems.

The OP has already explained that she will only get statutory sick pay if she does, so will struggle to make ends meet.

Worth considering that a cancer diagnosis counts as a disability under the relevant disability discrimination prevention laws - just in case it comes to that

No, cancer - like any long-term condition - may constitute a disability - it isn't automatic. 1 in 3 of the population develops cancer; they're not all disabled as a result.

I am very sympathetic to the OP, but it's no good her going in, all guns blazing, accusing her employer of a breach of the EA. She needs to request an OH assessment; the OH doctor/nurse can then assess her Covid risk and level of disability.

That's a disgrace. You should take priority over them. I agree get signed off sick.

Sorry didn't see the ssp only. Its awful. Your mansger is evil.

I think there are separate issues.

First, it is legal to furlough someone for childcare responsibilities and so it may well be that those people couldn't have come to work and it's potentially cheaper for an employer to furlough than pay full sick pay depending on the policy (if their GPs had signed them off sick).

Secondly, if cancer doesn't automatically make you clinically extremely vulnerable, especially if it was removed by surgery 6 months ago and then you've had no further treatment which would make you immunocompromised. If you had chemotherapy or other treatment which affects your immune system, then you would be in the shielding category and your employer would be expected to either pay, furlough or allow you to work from home. This should be reflected in your risk assessment and have clear rationale and information about what is in place to keep you safe.

If however you are anxious about catching covid, but don't fall into the shielding group, then it's harsh, but your manager doesn't have to furlough you because of anxiety about catching covid. In that case, you would need to be signed off sick by your GP due to anxiety rather than because of your covid risk. The GP also may be able to justify putting you in a shielding category as they have access to your medical records, even if you are not in the official batch from the department of health - s/he will be able to write a letter for this if needed and confirm you should be shielding if you've been missed from the list.

It's not about putting mothers above someone with cancer, it's about looking at individual circumstances and taking them in to account, when work still needs to be done.