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

209 replies

Mothrasstillmoshing · 13/04/2026 14:50

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

OP posts:
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DeftWasp · 15/04/2026 10:18

TY78910 · 15/04/2026 07:46

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’.

I agree that as we don't know all the details of the case it is impossible to say, but quite possibly all boxes have been ticked.

I feel it's a shoddy way to treat someone at such a tough time. A dear friend of mine died in service last year, and his employer (school, he was a teacher) went to great lengths to ensure he and his wife were in the best possible place financially, which lead to him retiring a few weeks before he died.

However in his case it was a quick terminal disease, 3 months, of course in other cases terminal can mean years of reduced capability and its obviously not sustainable for an employer to carry someone for all that time.

bigboykitty · 15/04/2026 10:20

TY78910 · 15/04/2026 09:49

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

I've read the OP's posts.

Kimura · 17/04/2026 03:41

bigboykitty · 15/04/2026 10:20

I've read the OP's posts.

I expect that you're right, but I wouldn't rule anything out completely based on OPs posts. If this company is as bad as she describes, it could be that they've ticked all the boxes of a capability process on their side, without clearly communicating it to OP. By accident or design that's unfair, but it would explain why they were confident to dismiss her 'on the spot'.

Mothrasstillmoshing · 17/04/2026 08:39

Hi All!
I'm still trying to get through to ACAS but the queues are horrendous - I got down to 66 in the queue yesterday before I had to end my wait because on top of everything else I'm a carer for an adult child too.
I have gone through all my emails since November between myself and both managers and it clearly states that my reasons for going sick in December is related to my manager's behaviour and the stress caused by her. I have checked the minutes for both meetings again and neither mention the issues I raised regarding my manager's behaviours despite notes being taken - it's all been ignored. Also the emails confirm that I applied twice last year to have my holiday correctly transferred and twice it was dismissed despite me providing the correct disability/equality law references - sounds like a track record of discrimination?????
Today I'm trying ACAS again but I'm also meeting my (now former) work colleague for lunch and I'll see what she wants to say about it all.
I'm writing my appeal over the weekend.

OP posts:
StillSpartacus · 17/04/2026 08:59

Good luck @Mothrasstillmoshing It sounds like you are dealing with a lot in addition to this shit show.

Chilly80 · 17/04/2026 09:18

Stay strong 💪

Kimura · 17/04/2026 10:10

Mothrasstillmoshing · 17/04/2026 08:39

Hi All!
I'm still trying to get through to ACAS but the queues are horrendous - I got down to 66 in the queue yesterday before I had to end my wait because on top of everything else I'm a carer for an adult child too.
I have gone through all my emails since November between myself and both managers and it clearly states that my reasons for going sick in December is related to my manager's behaviour and the stress caused by her. I have checked the minutes for both meetings again and neither mention the issues I raised regarding my manager's behaviours despite notes being taken - it's all been ignored. Also the emails confirm that I applied twice last year to have my holiday correctly transferred and twice it was dismissed despite me providing the correct disability/equality law references - sounds like a track record of discrimination?????
Today I'm trying ACAS again but I'm also meeting my (now former) work colleague for lunch and I'll see what she wants to say about it all.
I'm writing my appeal over the weekend.

I have gone through all my emails since November between myself and both managers and it clearly states that my reasons for going sick in December is related to my manager's behaviour and the stress caused by her.

In your OP you said you were signed off due to being tired/ill in addition to the stress caused by your manager. And that your OH report mentioned tiredness/exhaustion/tumour pain and pain meds. The adjustments you had also seem to be related only to your physical health.

Did OH look into your mental health (stress, depression etc)? Have you been diagnosed/treated for it? Did you ask for adjustments as a result? Was it mentioned on your Drs note when you went off sick?

I have checked the minutes for both meetings again and neither mention the issues I raised regarding my manager's behaviours despite notes being taken - it's all been ignored.

It seems like their view is that only the health issues relating to your cancer are impacting your capacity, and that's what they've based their investigation/decision on. I expect their position was that the meetings were called to discuss that specifically, and that the issues with your manager were unrelated/not relevant for minuting.

Did you make a formal complaint/grievance against the manager at any point?

MissMoneyFairy · 17/04/2026 12:04

Have you received the letter of termination yet,is there a reason given for your termination.

TroysMammy · 17/04/2026 12:18

Could you email ACAS? I did as I have hearing loss and use hearing aids. Considering your health problems it's worth a go.

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