Can my work sack me because of my sickness levels?

[user42719991]

I have worked for my current employer for 12 years and up until 2020 had a fairly good sickness record (I think I had been off 2 maybe 3 times - no more than a week each time).
In 2020 I was diagnosed with cancer and I was off work for 14 months. I have been back since May, I have had 3 days sick whilst waiting for a PCR test in September.
My GP has now signed me off for at least 4 weeks with PTSD/Anxiety and I'm stressing that my work will sack me

Not for what you describe. Covid sickness shouldn't contribute towards sickness absences (so long as it's confirmed with a PCR). Your period of sickness for cancer would absolutely not be used against you.

The latest absence also shouldn't. I suspect they'll want to support you.

It is highly unlikely they will with that sickness absence. Have they referred you to Occupational Health since you came back in May? That would be expected after a long absence with cancer to see what adaptations and phased return they could have put in place.

You won't get better if you keep stressing about work when you have anxiety and PTSD. Do you have an Occupational Health team you can talk to?

@TokenGinger

Not for what you describe. Covid sickness shouldn't contribute towards sickness absences (so long as it's confirmed with a PCR). Your period of sickness for cancer would absolutely not be used against you.

The latest absence also shouldn't. I suspect they'll want to support you.

I didn't have covid LFT was positive but PCR negative.

@ItsSnowJokes

It is highly unlikely they will with that sickness absence. Have they referred you to Occupational Health since you came back in May? That would be expected after a long absence with cancer to see what adaptations and phased return they could have put in place.

You won't get better if you keep stressing about work when you have anxiety and PTSD. Do you have an Occupational Health team you can talk to?

I spoke to OH whilst I was off sick back in September but not since.

It’s possible to dismiss for sickness absence but the cancer will be a disability so you can ask for reasonable adjustments for that if needed. However the anxiety/ptsd is a new thing and may not be a disability. So yes, it’s a possibility. You should work closely with them to get back to work if you can and contact an employment lawyer if you are concerned

@TokenGinger

Not for what you describe. Covid sickness shouldn't contribute towards sickness absences (so long as it's confirmed with a PCR). Your period of sickness for cancer would absolutely not be used against you.

The latest absence also shouldn't. I suspect they'll want to support you.

Who’s said that? (Not disputing it, just interested! Can’t find a link easily by googling.)

An employer can dismiss an employee on capability grounds if their sickness levels means they cannot do their job.

But from what you have said, I would not imagine that your employer is anywhere close to considering that avenue or has any grounds to.

@TokenGinger

Not for what you describe. Covid sickness shouldn't contribute towards sickness absences (so long as it's confirmed with a PCR). Your period of sickness for cancer would absolutely not be used against you.

The latest absence also shouldn't. I suspect they'll want to support you.

That’s incredibly misleading and inaccurate. There is nothing special about being off sick with covid as opposed to anything else, and of course it should be recorded as sickness absence same as anything else.

Similarly it is very misleading to assert that absence due to cancer “would absolutely not be used against you”. It’s perfectly possible for someone with cancer (or any other disability/serious condition) to be dismissed for capability if they can’t do their job, as long as adjustments and alternatives are fully explored first.

Having said all that, OP you have obviously been ’back’ for sometime from your cancer absence so that isn’t something to be concerned about. Your PTSD/anxiety absence is not too long yet so dismissal isn’t an immediate concern at all. What support are you getting with it?

Your company will have an ill health capability policy which I'd advise you to get hold of if you're concerned. There will be sickness triggers. Your company would need to adhere to the policy if they terminate an employees contract based on sickness.

Cancer is automatically considered a disability under the Equality Act but it doesn't give a person any additional benefit compared with any other disability, in the end sickness is sickness regardless of the reason, people who have their contracts ended because of their sickness levels are seldom putting it on. And we shouldn't judge one illness as more important than another. Some companies will consider adjusting sickness levels for a disability as a reasonable adjustment, so you could try asking about that, but usually this will only be a few extra days.

@user42719991 is the PTSD/anxiety related to cancer, or is there something else going on and are work issues contributing? I agree with the others a new OH referral will be useful.

@anditgoesonandon

Your company will have an ill health capability policy which I'd advise you to get hold of if you're concerned. There will be sickness triggers. Your company would need to adhere to the policy if they terminate an employees contract based on sickness.

Cancer is automatically considered a disability under the Equality Act but it doesn't give a person any additional benefit compared with any other disability, in the end sickness is sickness regardless of the reason, people who have their contracts ended because of their sickness levels are seldom putting it on. And we shouldn't judge one illness as more important than another. Some companies will consider adjusting sickness levels for a disability as a reasonable adjustment, so you could try asking about that, but usually this will only be a few extra days.

@user42719991 is the PTSD/anxiety related to cancer, or is there something else going on and are work issues contributing? I agree with the others a new OH referral will be useful.

yes its related to the cancer, even though my diagnosis was nearly 2 years ago it's affecting me more now. Work is also tough at the moment, we are short staffed, I only work part time but manager constantly asking me to work extra. I reduced my hours down when I returned to work due to fatigue and thats still a problem so don't want to work extra.

@user42719991 that's understandable, I'm sorry the fatigue is still there and that it's having an impact on your mental health. I would ask your manager to refer you to OH, perhaps with some adjustments at work things will be a little better.