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

Bloody hell OP! I really hope you get through to ACAS, DH had a tricky situation at work regarding reasonable adjustments for a disability and the ACAS person assigned to his case was fantastic.

Can you sell your story to a paper? Your ex manager needs sacking. What an ordeal for you. Perhaps your sacking will inspire the other staff to do something about her.

Yes, this, I am so livid for you, OP, that I really would love you to do this. I want them named and shamed. And I want to boycott them. They wouldn't have a leg to stand on, and they deserve as much public opprobrium as possible. But do what's best for your wellbeing.

I would boycott whatever organization this is as well. I hope you get a substantial pay off from them OP, and also the DIS payments too. They are an absolute disgrace.

@Mothrasstillmoshing there is so much wrong with this that an employment lawyer would have a field day at tribunal. I'd guess they're banking on you not wanting the considerable stress of pursuing it to chance their arm at illegal practice.
At the end of the day only you know what's most important to you in your very difficult situation. But I hope you somehow can at least get formal notice to them that they've broken the law (employment and disability). And perhaps propose voluntary redundancy with a payment equivalent to DIS instead of dismissal as an alternative to legal action?
Wishing you all the best.

Some posters don’t seem to understand it’s perfectly legal to fire someone with a terminal illness, as long as the correct protocols are followed. They do it to avoid having to pay out for “death in service” and use “capability” as the reason. It’s very common and not at all unusual. Eg, if you’ve had a lot of time off for sickness or hospital appointments - that’s enough of a reason - you are deemed not capable of doing the job. It doesn’t matter if you are disabled or not.

Shocking! How is this allowed to happen? Why aren’t they taken to a tribunal?

There's still a process to follow @LastHotel and OP has not been well treated (nor her colleagues!)

I think it's reasonable to ask whether what her ex employer has done is illegal.

What would the reason be for a tribunal? If the correct protocols are followed, there would be no grounds at all. There is a campaign running - I linked to it upthread - but it’s not legally binding even if companies sign up to it.

Did they give you the opportunity to make amendments to the minutes? Unless advised by a lawyer or ACAS not to do so, I would challenge the minutes in writing stating that they are not an accurate record of the meeting and specifically that there is no mention of your neurodivergence which was a significant part of the discussion around return to work.

Yes, of course there’s a process to follow, and it sounds like that has not been done correctly here.

@Mothrasstillmoshing I am so sorry you are going through this.

WRT NMW - you have nothing to lose so report them to ACAS https://www.gov.uk/pay-and-work-rights

It is as you say, only lawful if the correct procedures have taken place, and Capability of all procedures is the most lengthiest and difficult to execute, especially where in the OPs case she is protected through Disability also. This is not irrelevant.

death in service is paid out by company insurances, not company profits. It makes no difference to them.

OPs return to work meeting demonstrates her progressing a successful return work. The next meeting it seems she was dismissed. It doesn’t even seem to have been a ‘without prejudice’ conversation where reasonable settlement terms could be considered.

there is nothing that demonstrates the employer has acted lawfully and reasonably in the capability process. It’s slap happy, likely because she is terminal and they don’t expect her to do anything about it.

Employers are obliged to act lawfully. It’s not optional.

Hello.

please get advice. You don’t need to go to tribunal but a lawyer should be able to argue a settlement package for you - including death in service. They have acted shockingly, please don’t let this go.

@Mothrasstillmoshing you are such an amazing person and a fighter. You would have made a fantastic union rep had there been a union in your workplace. I hope you get the justice you deserve in this unfair dismissal, but I also hope you get a peaceful time to spend with your family as your life is ending.

Isn’t that literally what this thread is about? That protocols do not appear to have been correctly followed? Or at least there’s enough doubt there to make it worth OP looking into it legally, if she’s up to it.

Separately, this is presumably, really not a good look for what I think you referred to as a medical related charity? I imagine they have a very well paid CEO while meanwhile underpaying paid staff, and presumably have many volunteers too?

I forgot to mention on my previous post that it is also worth you contacting the Civil Legal Advice https://www.gov.uk/civil-legal-advice as Discrimination claims are potentially covered under the Legal Help and Legal Aid schemes.

It is legal to fire someone with a terminal illness provided that illness is not the reason for dismissal (assuming the illness is classed as a disability - cancer is indeed classed as a disability). In this case it appears that OP's cancer is the reason for dismissal. Also, the correct protocols have clearly not been followed. There has been no disciplinary or capability process leading up to this. Immediate termination of employment is only possible in cases of gross misconduct, which clearly does not apply here. From OP's description of what has happened, it appears to be a clear case of unfair dismissal and disability discrimination coupled with OP and others being unlawfully paid below NMW due to the store manager's insistence on compulsory "volunteering" time.

Whether this will need to go to tribunal depends on how obstinate the employer is, but if it does get that far OP should get substantial compensation. Potentially, topping her wage up to NMW for the last 5 years, an amount to cover her salary to her expected date of death, an amount to cover her death in service benefit and any other lost benefits, and an amount for injury to feelings for the way she has been treated. If they settle before going to tribunal, OP will probably get less than she would have received from the tribunal but without the stress of going through a tribunal case.

I actually think that it’s possible she might get more in a settlement - once someone senior in HR has looked at it. You absolutely wouldn’t want this leaking, if it is as described. I wonder if the area manager has described the conversations as being capability assessments.

From OPs most recent update I do think the process was followed - she’s mentioned at least 2 formal meetings with notes taken which suggests even more that she went through an incapacity process. It’s illegal to say ‘you are sick therefore we are sacking you’, but it’s not illegal to say ‘after we have exhausted all levels of reasonable adjustments over the years to help you be in work and fulfil your role but sadly due to your high levels of absence and incapability to do most tasks we need to end your employment’.

If you have a sickness review it has to be documented, with this last meeting were you given advance written warning, did it say that it was a disciplinary or sickness review that could lead to dismissal? Did they say that you could bring someone with you, I know your partner went but was this agreed before the meeting.

That simply wasn't the case.

I'm confused, your message almost directly above this says 'what would the grounds be', then your next says the process hasn't been followed.

How do you know that? Were you there? Do you have all the paperwork?