What do I do? Can they force me to attend?

[ShalommJackie]

I'm off sick at the moment. Partly due to a grievance I have put in against my senior leadership team and partly due to having cancer surgery this week.

Government guidance surrounding my job and the application of it in practice is about to change and therefore my job is about to be so much harder, the meeting to discuss the implications and procedures etc is on Friday. I'm having cancer surgery on Thursday and will not be staying overnight

My manager has decided I need to attend this On a teams meeting but the issue is I'd be the only person to attend via zoom and I am unsure as to how much pain I'll be in.

So aibu to say no, I will attend a catch up session if needed?

Cancer is covered by the Equality Act 2010. I’ve provided a link below to the MacMillan guidance for employers when an employee has a diagnosis of cancer. They absolutely cannot expect you to attend this meeting after having had surgery the day before. For one thing they could be seen as putting you at a disadvantage because of your disability (the cancer) as you would not be as fully fit and able to take in the proceedings as normal. This is illegal. Have a read through the MacMillan guidelines and if you have a MacMillan nurse it may be helpful to speak to them, as they can provide support. Cancer is treated as a disability under the Act and your employer needs to make themselves aware of the consequences of treating you any differently because of it.

https://www.macmillan.org.uk/cancer-information-and-support/get-help/financial-and-work/employers#:~:text=If%20a%20person%20has%20or,they%20are%20ready%20and%20able.

I suspect that naively they may be wanting to ensure you're not disadvantaged by missing the meeting (going through similar and had to offer the meeting to staff on maternity, long term sick etc. too).

But you won't be fit to attend based on your last update, so there's no question of you attending. Ask them to record the meeting on Teams so you can watch it later when you're feeling up to it.

Ensure they are aware of your cancer diagnosis as it should offer some protection from disability discrimination related to absence etc whilst going through this process

YANBU in the slightest. I’m gobsmacked they even asked you to attend remotely. Awful.
Good luck for Thursday x

That sounds really unpleasant surgery op, sorry to hear that.

If you’re ill, you’re ill. No guilt necessary about not attending.

Just had a thought that if they're prepared for you to join via Teams/Zoom then they can record the meeting so you can catch up at a later date. It's what happened for me when I was off for something much less serious recently.

Tell your boss they're a prick or maybe word it a bit better 😂

No I would not expect you to be in any form of meeting the day after your cancer surgery. That's great they are able to remove it. I really hope it all goes well for you, and you make a full recovery.

In my experience, if you're having surgery or a surgical procedure, whether under GA or not, they will automatically give you a sick note without having to ask.

No way should your manager be putting this pressure on you. Resign and then go for constructive dismissal. Before you go drop an e mail to the very head of the company.

I hope the op all goes well. How outrageous they are being and hopefully your gp will be really helpful. There is absolutely no need to have the meeting until a later date.

I’ve been the scrub nurse for these operations. Absolutely no way should you be attending that meeting the next day. Especially if it’s under GA.

Yep, I think your drug policy might cover that quite nicely, if nothing else works on dickhead manager.

That's awful and yeah really bad head manager of the place your working at , yes things are harder and it's a recession but you got the video call in teams if you are part of a union this should give u extra support.

I'd get backup from another Assistant Manager that can fight your corner in this dispute that you know or a decent long term
Colleague .

I'm so sorry you're going through such things. Your boss is absolutely vile expecting you to do meetings just a few hours after such a serious operation. You'll still be queasy and rough from the op and various medicines etc. and she expects you to appear on zoom all bright and breezy? I'd make it VERY clear to them that NO, you won't be doing it at such a time. Good luck and I hope you recover very well.

I had surgery a few years ago and my manager phoned me to discuss a work related matter the next day. I must have still been feeling the effect of the general anaesthetic, as I didn't remember details of the conversation later and had apparently agreed to take on something I normally wouldn't have.
Later I realised what terrible managerial practice that was. And she never even asked how I was!

You’ll be off your face on painkillers annd potentially still out of it from the GA. Absolutely no way on earth you’ll be fit to attend a work meeting and it’s shocking they’d think this acceptable.

yes definitely not fit the next day after a WLE with dissection!!! on another note, i am so happy for you the immunotherapy has helped. Sometimes (from my NHS bullying experience!) for our own health, toxic workplaces are best out of than staying in but i know this is easier said than done. Sending best wishes.

And if you read this before your GP call, tell them about everything so they can sign you off for longer than standard recovery for your mental health as well as physical.

If you’re having GA or even sedation then you’re told not to sign any legal documents the following day…..I’d class this the same as attending a works meeting.
Stay home & give yourself time to recover!

Thank you!

Another person who immediately thought NHS .Its amazing how horrific some managers can be and that they get away with it .Take the time you need to recover don't attend this meeting .Keep all the evidence you can and keep the union in the loop .
Good luck and wishing you all the best health wise

It's always good to ask for support.

Having read your OP I was going to come on and say well, if by cancer surgery you meant having a small melanoma removed then it's possible that you'd feel perfectly able to attend an online meeting the next day. I had a small one removed from my forearm and although I had to take painkillers for a couple of days it I was fine. But having lymph nodes etc removed is a difference kettle of fish. Good luck with it, OP, hope it goes well.

Many years ago, I had a minor surgical procedure with sedation (no GA) and felt reasonably ok. I was asked to sign something the following day and put the wrong address (I put my Mum’s address instead of mine, because I’d been chatting to her on the phone just before I signed). It invalidated the whole document! Even when you think you’re ok, the effects of the anaesthetic don’t wear off completely for a few days.

I’m not at all surprised to hear that you work for the NHS. A family member was asked if she could come into work at over 39 weeks pregnant to cover a 12 hour shift. She was told she could remain seated throughout (in a busy city centre A&E department - staying seated would never happen!). She said no.

I’m sorry this is happening to you. Whilst you are on sick leave you can’t be forced to attend work related activities.

if you can- do everything via email so you have audit trail. Save those emails separately to your inbox eg personal usb incase your work email is deleted or you leave. Get in writing your boss saying you have to attend the meeting during your sickleave. Reply explaining you will be on post op sick leave. It could be a misunderstanding- when I had an op I asked doctor what expected downtime was and told manager. We planned for that minimum and how I would keep in touch etc. that’s very normal. U have a responsibility to be doing this.

you need to build a case to protect yourself if not.

I wouldn't attend anything regardless if i were off sick, on holiday or even on days off - that is my time for whatever reason. If they schedule anything when i'm not at work; i'm not coming, it needs to be rescheduled; simple as.

If your manager raises any objection - make sure to ask them to put that in writing as you will be logging all correspondence on the matter. When asked to put it in writing - often makes them reconsider.