Qu for the HR experts on Fixed Term contracts

[BetsyBoop]

I was initially on a FTC from Sept12 - August 13. That was extended a few weeks ago until March 14.

I've just found out I've got breast cancer, so I'm likely to be off work for 6 months or more.

I work as a 1-2-1 TA in a school, so the child I support will need someone else to support her while I'm off. This means they will probably have to employ someone else on a FTC to do my current role. What should happen re my contract? Can they decide they will keep my replacement on and give me notice (or not renew my contract on March 14) It's likely that the child I support will need someone supporting them for the next 3 years at least.

Sorry to hear about your illness.

A few points.

You don't have protection against unfair dismissal for the first two years of employment, other than for some specific reasons. Disability is one of those reasons, and cancer is counted as a disability. So they can't just dismiss you because you have been diagnosed with cancer.

If however it becomes clear that you are unlikely to be able to return to your job, and/or there are no adjustments they could make to facilitate your return, they are not obliged to keep you employed indefinitely.

If they do go down that route it wouldn't be for quite a long time anyway if my limited knowledge of employment in your sector is anything to go by.

As things are pretty uncertain at the moment in terms of when you'll be up to returning to work, unless your employers start doing something you are not happy about, I would focus on yourself and your treatment and try not to let work concern you.

If, in a few months time, your employers look like they want to start taking action against you, come back and we'll support and advise you.

Thank you flowery, you are always so helpful.

(You probably won't remember, but you helped me with a M/L issue back in 2007)

I knew I hadn't been here long enough for protection re unfair dismissal, but didn't realise about the disability side of things, so that makes me feel a little better. Hopefully being in the public sector I have a better chance being treated fairly anyway. This is my first job after taking a break with the kids and now this, aargh!

I was just thinking your name rang a bell...! :)

Yes, I think with a combination of the immediate disability protection you now get with cancer, plus being in the public sector, you are in as good a position as you can be really.

Best wishes for your recovery.