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?

OP I have cancer, not been given the all clear as I have some lymph nodes under active surveillance

Have you been told that you are more vulnerable or not though. Have the doctors told you that you should be shielding or not?

@WinstonmissesXmas

I can’t see how they can prioritize childcare over illness! As above, if you’re keyworkers, nurseries are open and schools take keyworker children.

Me neither. I think this is shocking, tbh.

Are you in your union, OP? If so, I'd seek their advice.

@Moondust001

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.

I would argue that furlough on health grounds during Covid constitutes a reasonable adjustment, and that under the DDA the OP is entitled to such on the grounds of disability.

It might be compelling, but it's worth having the discussion. They can't argue that furlough is unreasonable, as they've already allowed it for childcare reasons.

Sorry, missed out a "not": it should readin that "it might NOT be compelling".

Have you been told that you are more vulnerable or not though. Have the doctors told you that you should be shielding or not

That is key. As brutal as it sounds, having cancer itself doesn’t put you more at risk. It depends on the treatment you’re having for cancer.

There’s an article on the Macmillan website about this OP.