Advice regarding work with recent cancer diagnosis.

[john-boy]

Hi there, i'm obviously new here and was just looking for a bit of advice in regards to a few things in relation to work, i have a few things but rather than start new threads all over i thought it better to just ask here.

I have been working for the same company for nearly 6 years, i have never been off sick, i am an assistant manager in a large retail company, i get a fixed salary every month, im sure my contract said my base hours were around 40.

The things id like advice on is.....

1.
The company used to pay you a set one off amount (£50) if you worked over 55 hours, we also had an incentive bonus based on dales/wages/shrinkage etc, then the company changed hands a few years ago, and an Email came saying no overtime payments would be paid again, and the bonus which was due that week wouldnt be paid, and the scheme was now withdrawn.
since then i (other members of managment also) have been doing 5,6,7 days per week working from 50-70 hours per week for no extra money for it, there has been no pay increase in the last 2 years, the differential between the money i am earning per hour is not at the point where i am worse off than a supervisor i am in charge of, when living wage comes into effect in April, if i dont get a pay rise i will be below the living wage some weeks.
My question is was the company allowed to remove the overtime payments, bonuses, and are they allowed to freeze my wage while giving everyone who is paid per hour an increase tot he point where they are paid more than me?


2.
The week before Christmas i was diagnosed with a type of lung cancer and have been in and out of hospital for tests,scans, blood tests, biopsies etc etc.
work have been great, my immediate manager has been great especially, changing his day off around week after week to allow me to attend hospital, i havnt had any extra days off with this so far, i have simply been attending hospital on my days off, im still doing 50 hours per week at the moment.
As i have been told i will need to have chemotherapy soon (probably in the next 6 weeks), i wanted to reduce my hours down to let me continue working but on perhaps 25 hours, that would allow me to stay active, and keep my mind busy and would (i thought) help cover days off and stuff at work.

However my area manager avoided the question when i asked what would i get paid if i reduced hours or even if i could reduce hours, he seemed to want me to just take the time off.
I phoned HR and they told me i was entitled to 100% pay for 3 months, and 3 months 50% pay, they also avoided telling me if i could reduce hours, im guessing they want me to use up my sickness rather than doing less hours then going sick as well.

My question is do you think the company would allow me to reduce my hours and retain full pay, and do you think i should put all this in writing to head office as well as declaring to them officially my condition (they know as i spoke to them on the phone)

I actually misplaced my contract so am going to call HR to ask if a copy can be sent, as im not 100% as to what it states in my contract regarding sickness, overtime, my hours etc, i only remember a few things and the sickness info is what HR told me.

Do they need to send me a copy?

Its all a bit up in the air at the moment as i cant say how things are going to progress with the cancer, people were saying i should have went off sick with stress straight away as soon as i found out, but i knew there may be times ahead when i was really unable to work so i held back (glad i did now), i may well be too ill to work at all come the chemo, and it may be months rather than weeks, but i would work reduced hours, or a phased return, but it really depends if the company will let me or not.

thank you for any advice you can give

John.

[teaboy2]

Re: Advice regarding work with recent cancer diagnosis.

Hi there, i'm obviously new here and was just looking for a bit of advice in regards to a few things in relation to work, i have a few things but rather than start new threads all over i thought it better to just ask here.

I have been working for the same company for nearly 6 years, i have never been off sick, i am an assistant manager in a large retail company, i get a fixed salary every month, im sure my contract said my base hours were around 40.

The things id like advice on is.....

1.
The company used to pay you a set one off amount (£50) if you worked over 55 hours, we also had an incentive bonus based on dales/wages/shrinkage etc, then the company changed hands a few years ago, and an Email came saying no overtime payments would be paid again, and the bonus which was due that week wouldnt be paid, and the scheme was now withdrawn.
since then i (other members of managment also) have been doing 5,6,7 days per week working from 50-70 hours per week for no extra money for it, there has been no pay increase in the last 2 years, the differential between the money i am earning per hour is not at the point where i am worse off than a supervisor i am in charge of, when living wage comes into effect in April, if i dont get a pay rise i will be below the living wage some weeks.
My question is was the company allowed to remove the overtime payments, bonuses, and are they allowed to freeze my wage while giving everyone who is paid per hour an increase tot he point where they are paid more than me?

No they were not, as such changes amounts to an unlawful variation of contractual terms (if they were written terms of your contract) - If you were not given new contracts to sign, then you could claim back all that is owed. Though the problem you have, is if you didn't contest the changes then your deemed to have accepted the changes, therefore agreeing to the variation of terms to your contract. So did you contest them at the time, and to you have any proof of this?


2.
The week before Christmas i was diagnosed with a type of lung cancer and have been in and out of hospital for tests,scans, blood tests, biopsies etc etc.
work have been great, my immediate manager has been great especially, changing his day off around week after week to allow me to attend hospital, i havnt had any extra days off with this so far, i have simply been attending hospital on my days off, im still doing 50 hours per week at the moment.
As i have been told i will need to have chemotherapy soon (probably in the next 6 weeks), i wanted to reduce my hours down to let me continue working but on perhaps 25 hours, that would allow me to stay active, and keep my mind busy and would (i thought) help cover days off and stuff at work.

However my area manager avoided the question when i asked what would i get paid if i reduced hours or even if i could reduce hours, he seemed to want me to just take the time off.
I phoned HR and they told me i was entitled to 100% pay for 3 months, and 3 months 50% pay, they also avoided telling me if i could reduce hours, im guessing they want me to use up my sickness rather than doing less hours then going sick as well.

My question is do you think the company would allow me to reduce my hours and retain full pay, and do you think i should put all this in writing to head office as well as declaring to them officially my condition (they know as i spoke to them on the phone).

What does your contract of employment or company handbook say about company sick pay scheme. Due to your illness, you do have rights under the equality act 2010 to request reasonable adjustments, these can be permenant or temporary (such as reduced hours). However if you work reduced hours the pay will reduce in reflection to that. Which is why i'd like to know what your contract or company hand book says about company sick pay scheme, as you probably be better of taking time of work and getting company sick pay. As it sounds like they willing to pay you 100% your normal pay for 3 months - But ask for this in writing, and for a copy of the company sick pay scheme terms, before you take any time off.

I actually misplaced my contract so am going to call HR to ask if a copy can be sent, as im not 100% as to what it states in my contract regarding sickness, overtime, my hours etc, i only remember a few things and the sickness info is what HR told me.

Do they need to send me a copy? Yes if you request it, they have to send you it. You should have been given one within 2 months of starting employment (when you started with previous employer and when new employer took over)

Its all a bit up in the air at the moment as i cant say how things are going to progress with the cancer, people were saying i should have went off sick with stress straight away as soon as i found out, but i knew there may be times ahead when i was really unable to work so i held back (glad i did now), i may well be too ill to work at all come the chemo, and it may be months rather than weeks, but i would work reduced hours, or a phased return, but it really depends if the company will let me or not.

thank you for any advice you can give

John.

Just so you know, whilst off sick from work, you can apply for employment support allowance, which will reduce any effect any reduced wages would have. You could also be entitled to other benefits too!

Keep your Chin up and don't let this or your concerns about your job get you down - your more important than any job is!

[teaboy2]

Re: Advice regarding work with recent cancer diagnosis.

Just had a thought about the overtime payments and hours worked. You will need to do some calculations here. But if deduct your total weekly wage by number of hours worked that same week and it amounts to less than what the national minimum wage rate was at that period in time, then you would have a solid claim for breach of national minum wage laws. As am sure if your only paid for 40hrs and your working as many hours as you said in any given week, then on Assitant Managers wage you will find your being paid below minimum wage. As minimum wage law is based on total hours worked not the hours your contracted to work or paid for working!

[Amethyst]

Re: Advice regarding work with recent cancer diagnosis.

Hi John , Welcome to the forum

I can completely understand you don't want to just go off work sick while going through your chemo. You sound like you are being very practical and work don't quite know how to handle the situation. Work are obliged to make reasonable adjustments for you while you are poorly, and that would include being flexible with the hours you work.. It is tough to know in advance how chemo is goign to affect you but presumably you will have some idea how often you will be having treatment and can inform work before that you expect to be off for say 2 days each week ... but you will have to take it as it comes and like you say, you might not be able to work at all some weeks, so you may have to take sick leave.

Getting hold of a copy of your contract and employee handbook is a good idea and then all you can do is discuss the issue with your manager and HR.

I'm sure one of the guys experienced in employment matters will be along shortly but in the meantime have you had a nosey at the Macmillan website - they have some really useful help and advice, and support if you need it - http://www.macmillan.org.uk/informat...ur-rights.html and there's actually a guide to reasonable adjustments http://www.macmillan.org.uk/Document...mentsGuide.pdf which might be of help.

With regards the first issue that doesn't sound right at all, however if that has been going on for a few years you could be deemed to have accepted the new terms - so need to know how long ago it was that the rules changed and how they informed you. But again it's not really my area so hopefully someone else will pop along shortly.

And no you shouldn't have gone off with stress as soon as you found out... sitting at home twiddling your thumbs really isn't going to help if you'd rather be working.


Sharon
xxxx

[Amethyst]

Re: Advice regarding work with recent cancer diagnosis.

Oops took far too long typing, and see teaboy has posted and mariefab is having a read so you'll be in good hands there xxx

[teaboy2]

Re: Advice regarding work with recent cancer diagnosis.

Oops took far too long typing, and see teaboy has posted and mariefab is having a read so you'll be in good hands there xxx

No you didn't taken long at all Amethyst, i just on one of my Legal Highs thats boosts my typing speed by 1000% percent of its normal speed - You should try it, its called champagne lol

[john-boy]

Re: Advice regarding work with recent cancer diagnosis.

Thank you all for the replies, sorry i didnt reply sooner, i have been busy with work.

i got my contract through today, and unfortunately it states i will get statuatory sick pay, however i did read it somewhere, so i must have got the sickness terms document through when i first joined and since lost it , it has been confirmed by my boss and HR (verbally) that i get 3 months full pay, then 3 months 50% pay, then its managers discretion.
With regards to the overtime, it just says i makes no mention of payments, so it isnt even in my contract, it does say that i will, be expected to work whatever hours is necessary to keep the store up the same standard as other stores in my area, so they have me thee as well.

As for hours being reduced, it states the hours i do per week should be "more than 39"

With regards to changing contracts, i have never had a new contract, however our company has stayed the same, its just that new owner bought the company, dont know if that should attract a new contract or not.

Thanks for the help everyone.

[teaboy2]

Re: Advice regarding work with recent cancer diagnosis.

Thank you all for the replies, sorry i didnt reply sooner, i have been busy with work.

i got my contract through today, and unfortunately it states i will get statuatory sick pay, however i did read it somewhere, so i must have got the sickness terms document through when i first joined and since lost it , it has been confirmed by my boss and HR (verbally) that i get 3 months full pay, then 3 months 50% pay, then its managers discretion.
With regards to the overtime, it just says i makes no mention of payments, so it isnt even in my contract, it does say that i will, be expected to work whatever hours is necessary to keep the store up the same standard as other stores in my area, so they have me thee as well.

As for hours being reduced, it states the hours i do per week should be "more than 39"

With regards to changing contracts, i have never had a new contract, however our company has stayed the same, its just that new owner bought the company, dont know if that should attract a new contract or not.

Thanks for the help everyone.

Did the company name change at all? Still they can not make unilateral changes to your contractual terms without your consent, even if those terms were implied as a result of customary practice i.e. was customary practice to pay you for overtime, bonuses etc!

Did you opt out of the working time directive maximum hours of 48hrs per week? If not then they can not make you work more than 48hrs per week.

You need to get what HR etc told you about first 3 months being full pay in writing before you take any time of sick!

[NWHC]

Re: Advice regarding work with recent cancer diagnosis.

Teaboy
You mention employment and support allowance , this is generally a means tested benefit and can not be claimed while receiving SSP . Maybe you were meaning PIP

John
I am really sorry to hear of your diagnosis, you sound upbeat and positive
If you are having chemo there really is no way of knowing how it will affect you, it may be that you will be fine to work , it maybe that you need a day or two off after each bout or it maybe that as the chemo progresses you need more time.
I do not wish to be indelicate but you may be able to claim PIP which is tax free non means tested . Normally you need to have had the need for 3 months and will need it for 6 months but sometimes there are special rules.

As suggested some of the charities will be able to give you tailored advice to your needs . One thing they will all agree on is that you should avoid stress.

Is the working time directive still in force and if so have you opted out, you may want to opt back in

[teaboy2]

Re: Advice regarding work with recent cancer diagnosis.

Teaboy
You mention employment and support allowance , this is generally a means tested benefit and can not be claimed while receiving SSP . Maybe you were meaning PIP

Yes your right PIP is what i meant!

[john-boy]

Re: Advice regarding work with recent cancer diagnosis.

Yes your right PIP is what i meant!

Thank you for that, i have looked onlibe to see what benefits i can claim while on 50% pay, but i cant seem to figure out what or how i would put down as they ask if i am in work or claiming benefits and they seem to include sick pay as benefits and dont give the option to put employer sick pay into the calculations.

This s probably the wrong place to ask this :tinysmile_twink_t2:, maybe i should create a thread in the benefits section.

Thanks.

[NWHC]

Re: Advice regarding work with recent cancer diagnosis.

It all epends on what your 50% income will amount to, to be honest , as a store manager it is unlikely to be below the threshold for means tested benefits although you might qualify for some Housing or Council Tax benefit.

PIP is very difficult to claim, the Tories are making it even harder
I will be blunt so please don't be offended

I would imagine that in your condition , the only way you would qualify at present is if your prognosis was terminal. The special rules apply to people who are not expected to live beyond 6 months , however with cancer that is a very subjective opinion. Many people given a short terminal prognosis go on to live for many years

I am sorry to be blunt but there is no easy way to say what has been said and I am sure you are still reeling at the diagnosis , whatever the long term outlook.

[john-boy]

Re: Advice regarding work with recent cancer diagnosis.

It all epends on what your 50% income will amount to, to be honest , as a store manager it is unlikely to be below the threshold for means tested benefits although you might qualify for some Housing or Council Tax benefit.

PIP is very difficult to claim, the Tories are making it even harder
I will be blunt so please don't be offended

I would imagine that in your condition , the only way you would qualify at present is if your prognosis was terminal. The special rules apply to people who are not expected to live beyond 6 months , however with cancer that is a very subjective opinion. Many people given a short terminal prognosis go on to live for many years

I am sorry to be blunt but there is no easy way to say what has been said and I am sure you are still reeling at the diagnosis , whatever the long term outlook.

Dont worry about being blunt, im comfortable discussing it, obviously i dont want to be "terminal":tinysmile_aha_t:, i may be in managment, but the pay is rubbish, i was about to look for somewhere new, but a cancer diagnosis, pretty much rules out jobhunting, anyway my 50% rate would be around £790 after tax

[teaboy2]

Re: Advice regarding work with recent cancer diagnosis.

Perhaps ringing the helpline for PIP and explainign your situation to them would be the best thing to do, as they can then tell you either way.