Fired without notice - I have terminal cancer - what to do?

[Mothrasstillmoshing]

Sorry this is going to be a long post I will try to explain as best as I can but I need some advice please.
I have terminal S4 cancer but I'm managing fairly well and until December I was working my usual job with some adjustments and I'd had no complaints about my work etc.
I was first diagnosed in 2022, had surgery & chemo etc and was off sick for 6 months. I returned to normal duties after a phased return and was given the all clear in early 2023. All was fine until early 2024 when I was diagnosed with the exact same cancer, in the exact same place but more advanced than before. I will add that I received awful treatment in 2022/23 from oncology and was left with CPTSD/depression etc and it was obvious that nothing's different this time (both hospitals involved are awful, very dismissive and rude) which led me to deciding not to have any treatment this time and let nature take it's course. Two years down the line I am gradually getting towards the end but I'm still living normally with medication/pain relief/support etc.

I work 14 hours per week (NMW rate) for a very large medical type charity in their retail arm since late 2021 - so I'm a retail assistant in a shop which is a popular busy one. The adjustments that I have had (since about late 2024) are things like no consecutive shift days, extra breaks (rarely needed), no lifting of heavy donations/items, no operation of equipment like vacuums or steamers etc so not much really compared to the rest of my duties. I will also say now that I am diagnosed with ADHD and autism which I declared to my employer from the beginning and it's never been an issue. Neither has there ever been any issues with my work raised and any small issues have been sorted between myself and my manager. I've always enjoyed my job.

I was signed off sick in December 2025 because I tired, felt ill and my manager had been treating me differently and poorly so I was excessively stressed/depressed. I had an occupational health assessment last month which said I was fully capable to return to duties with the addition of no lone working, set work days and to follow the same adjustments as before but mentioned tiredness/exhaustion/tumour pain.
I had an interview last Thursday with my area manager (my manager's boss) and he went through the OH report, asked if I'd consider redeployment/WFH transferring to other duties/job (yes I would), discussed my physical health and medication (low dose slow release morphine). He gave the impression that it was doable and we had a refreshment break. When he returned to the meeting he said that he was terminating my employment immediately from that minute. He said HR will email the decision later that day and that I could appeal. That was it.

I am still waiting for this documentation to come through from HR and I've been told to wait for how ever long it takes. The company's own sickness guidance states that you must appeal within 7 days of being told of the dismissal.
I have put in a SAR to the companies data officer today because I have a very bad feeling over the whole thing - not only have I lost my income/job but I've lost my death in service insurance.

So what can I do? What are my options now seeing as my employer is already being obstructive?

I know that I have a Protected Characteristic under disability law. I have already suffered discrimination from my employer because they have refused to carry over my unused holiday entitlement in 2024 & 2025 and I had to lodge a complaint at the end of last year and in February they agreed to 'award' me my correct entitlement but I had to fight for it. My store manager is very poor and has a history (which is ongoing) of denying staff their correct breaks, being difficult when wanting holiday, restricting access to our own work records online etc. It was a disagreement over my holiday entitlement, plus she told me some outrageous lies, that caused me to go off sick in December.

Sorry this so long but I'm hoping that someone can give advice as to how to proceed.
Thanks for any advice xx

I’ve reflected on what I wrote and also comments from OP and accept I made an unacceptable and extremely insensitive comment which I would never have made face to face. My apologies especially to OP and also anyone else my words have upset

Please could you accept my sincere apologies, my comments weren’t acceptable and extremely unkind and I’ve reflected on those. I’d never respond to you like this face to face and feel very disappointed in myself that I did so anonymously. I wish you all the best, and again I’m very sorry

@PinkTonic good point

but I think they'd also be relying on OP not bothering to try with unfair dismissal.

Where is the Daily Mail when you actually need them?

Before you speak to a Solicitor I would check any Insurance policies that you or your husband has (home, car, upgraded bank etc) and check if you have Legal Expenses Insurance as part of the policy.

I imagine lots of Solicitors would agree to take your case on a ‘Damages Based Agreement’ to try and get you a Settlement, meaning you won’t need to pay upfront, but the deduction from your Damages (compensation) could be significant, I work for a firm where 30% is a typical deduction for this type of work. If you have Legal Expenses Insurance you would get to keep 100% of any Damages you are awarded.

Gosh this is awful. That have acted unlawfully
in so many ways.

You are doing all the right things to far, the only other thing I would add is to have a think about what the outcome is that you want … do you actually want to be reinstated? Would you accept a settlement of xx weeks pay plus your death in service pay as severance?

You’re going to hold all the cards here but respectfully, you probably wont out live a tribunal. They may have considered this. But you also can do reputational damage if you share the story publicly. So consider what realistic and reasonable settlement terms that get you away from this headache with the financial security you thought you had, and make the most of the time you have left.

Good Luck.

Good on you for the self reflection and what I hope is a sincere apology.

OP - your story is awul. I don't have anything to add to the advice already given but I hope you get the bastards for doing this to you. Wishing you strength.

I have heard of somebody with a terminal illness being pressurised to resign. How close are you to,retirement. It was a similar issue death in service payment.

I am very sorry you are going through this @Mothrasstillmoshing - it is a crappy thing for any employer to do, but coming from a medical charity makes it infinitely worse!

Sit down tonight with your DH and get everything down in a timeline - as much as you can possibly remember, even if you don't have exact dates. As you remember things add to it.

You need to log your managers behaviour generally, as well as any meetings and agreements to do with your illness - when and how you informed work, what they agreed to and when, periods of sickness etc.

Gather any emails, texts, screenshots of texts etc all in one place so you know exactly where to go for any evidence that you need along the way.

Think about what it is you want from them. Do you actually want your job back? If not (and given the way they have treated you it doesn't sound like the best idea), what do you want.

For example, you have mentioned that the death in service benefit is of concern to you - would you want something like three months pay in lieu of notice, payment of any outstanding holiday, plus a settlement equivalent to what your death in service would be?

You say you are relatively well and managing on medication - if you still wanted to work, either paid or voluntarily while you are able, make sure that an agreed reference is included as part of any potential settlement.

Finally, look at their charity governance documents - they should have published policies, codes of conduct etc and you should be able to find the details of the charities trustees. It is the responsibility of the trustees to ensure that anything which can bring a charities reputation into disrepute is dealt with accordingly.

If you do not get appropriate and suitable answers over the next few days, consider writing to the trustees with your concerns and an outline of how you have been treated.

I am the chair of trustees for a charity (probably much smaller than the one you work for if it is a national) but we do have quite a few staff. If I found out that a staff member had been treated the way you had, particularly in your circumstances, there would be hell to pay!

Please check your household insurance to see if you have legal expenses insurance cover. If so, the insurers would likely pay for legal advice, but they would appoint a solicitor from their panel

Just to add as well - any meeting minutes - and where there have been meetings and minutes and notes haven't been provided, note that down next to the event in your timeline.

What horrible people.

Try not to worry OP, I presume as a charity they are funded by donations and spend in their stores.

Any decent solicitor will very quickly advise them of the optics and bad publicity, not to mention their HR & employment way trangressions.

Whatever about returming to work, solicitor will negotiation the equivilant of your pension and DIS payments at a minimium.
They'll probably also look for their fees, a lumpsum in lieu of notice and compensation for the stress of it too.

I’m appalled by the way you’ve been treated OP. I hope you don’t mind a couple of additional suggestions. As someone else said, it doesn’t sound like you’ve been given notification of dismissal, so as an employee, you could raise formal grievances (bullying, harassment, failure to follow procedures, holiday issues, etc) against the turds/managers. I would also think about making a complaint to the Charity Commission or OSCR depending on where you’re based. Charity directors/trustees have an obligation not to do anything to jeopardise the charity’s reputation or funds, and that’s definitely on the cards here.

Good luck! They’ve majorly fucked up!

That is an option if she has no joy elsewhere, plus regional tv and newspapers.

Hello,

I am an employment lawyer. Did you get a formal invite to the meeting? If so, did the letter say that it was an ill health capability meeting and that an outcome may be dismissal?

Did you take any notes of the meeting? They should have themselves which they are required to send you but always good to have a back up.

If you haven’t received any documentation yet, I would chase for it and say you will be appealing the decision but need to receive the documentation first.

This. Who will benefit from the death in service benefit you have now likely been denied?
You mention it's a medical charity. Frankly should they not be treating staff better? I hope not a cancer one.
If you are up to it, maybe name and shame them in the local press but on the other hand, your time is limited, apply for benefits and enjoy the time you have left. 💐

@Mothrasstillmoshing I will add that I received awful treatment in 2022/23 from oncology and was left with CPTSD/depression etc and it was obvious that nothing's different this time (both hospitals involved are awful, very dismissive and rude) which led me to deciding not to have any treatment this time and let nature take it's course.

I'm so sorry this is happening to you and I agree with the advice offered by others. What you say here (quote above) is appalling, you have felt it necessary to decline treatment for cancer because of a poor care experience. If you've got the time and the energy, this needs to go to the top.

If and when you contact your local MP, also copy in [email protected] (Secretary of State for Health) and [email protected] (Minister of State for Health) to discuss the care issues. They probably don't read their own e-mails, but someone will.

I expect the minute HR finds out what he's done he'll be rewriting things and covering his arse.
Don't let him off with it

I know you’ve had a lot of advice already and I reiterate what many have recommended regarding contacting Acas. I would also appeal as soon as possible.

As an HR professional, these would be my concerns if I was advising your employer, although an employment solicitor will be able to give better advice! Apologies if I misunderstood anything in your post.

1. Were you formally invited to the meeting, given the right to be accompanied at the meeting and informed before that it may result in a dismissal?
2. Ill health capability dismissals should not be with immediate effect. You should have been given your notice or paid in lieu if your contract allows.
3. Your employer has sought the opinion of a medical professional through OH who has advised you are fit to return to work with adjustments that were previously accommodated. What is their reasoning for not allowing your return to work now? Do you feel fit to return to work?
4. You also discussed and were open to alternative roles with working arrangements such as WFH. What steps has your employer taken to review these options?
5. How long was the meeting adjourned for to consider the appropriate outcome? It seems like your employer has taken any time to consider anything discussed during the meeting
6. Given their failure to consider reasonable adjustments or alternative employment, I would be pursuing claims for unfair dismissal and disability discrimination

Sorry you have been treated this way. All other issues aside, even the fact they have dismissed you despite OH’s recommendation is completely unreasonable.

Agree with everydayisnew. If you are a union member seek immediate assistance, otherwise go through the appeal procedure and if appeal dismissed lodge an industrial tribunal application with the help of a solicitor. Don't wait for HR to start the ball rolling. What a horrible bunch of b***ds your employer is.

Am so sorry that you've been treated so appallingly @Mothrasstillmoshing It looks like you've had some good advice by HR/Employment lawyers on the thread.

When you're drafting your appeal letter, I would include the information about the meeting in Feb (I think you said) which you didn't receive any minutes from - so you get ahead of them lying again.

Good luck in this fight and I hope you and your family are well supported through your challenging times. Sending love.

I don't have any other advice to add on top of what these lovely ladies have given, but I just want to offer my support and love. Cancer has touched probably every single one of us in some way or another. I remember those awful days watching my poor mother struggle, and my heart goes out to you. Just wanted to offer my very best wishes. 💐 🩷

@Mothrasstillmoshing
I'm so sorry to read what you're going through at the hands of a charity that (I think you said?) promises not to fire "their own" - employees with cancer. Much love and admiration to you.

If it's the medical-based national charity I'm thinking of (it might not be, of course), then I know they are absolutely ruthless. I worked for them until quite recently. Things such as no access to emails for any shop staff other than the manager, the ridiculously overcomplicated cashing-up process, shop staff having to work a 9+ hour day while being paid for 7.5 hours, no breaks, all these ring a loud bell. HMRC would come down on them like a wolf if alerted to these abuses.

I'm hoping so hard 🙏 for you that someone reading this thread is a hard as nails lawyer who will take up arms for you. Are there still pro bono lawyers out there, I wonder.

It's so clear that your employer is trying to dodge the death in service payment to your family. Their HR department is not your friend. They are probably hoping your illness will make you too exhausted to fight them. The charity I used to work for has hired an expert HR person specifically tasked with finding ways to "get around" the new workers' rights laws.

I think you should demand (in writing - via email and copy in everyone senior in the company) copies of the forms filled in by your area manager at the meetings you've had. You should have been given copies at the time. And tell them in writing that you plan to appeal, and that your (protected) disabilities mean that you need, and should be given, more time to appeal.

A poster mentioned the Daily Mail. If you want to go public, I would suggest Frances Ryan at the Guardian. X

OP explained all this in her original post

Send an email requesting all minutes from any meetings you have had. If they have written anything that wasn’t actually said during these meetings, respond stating what you dispute and that you should have been required to sign documents during the meetings to agree to what was written. Highlight any discrepancies in your reply and kindly remind them of the truth of what was actually agreed.
Unions cannot represent new members with issues prior to joining but I found the mediators at ACAS to be fantastic.
When stating you are going to appeal against your dismissal, please don’t forewarn them of your intention to contact ACAS. Let her think you don’t have any fight left in you to thtow the book at them. I hope you get everything you deserve and more thanks to this complete bitch trying to screw you over.