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Should I be paid for phased return to work?

Discussion in 'Pay and conditions' started by Awelsh1212, Sep 6, 2016.

  1. Awelsh1212

    Awelsh1212 New commenter

    I have been off work since last October with cancer. I was part time before working 3ays. I was hoping to do a phased return to work from Christmas time (I am currently still receiving treatment) However Ive been told that I will not be paid at all for any thing I work until I am back up to my full hours so if I want to do a phased return (which is essential after my illness) I will have to do so without pay. This also means that the little "benefits" we receive will be lost from the first day I return too. I didn't expect to be lucky enough to be back on my full pay but expected to be paid for the actual days I worked. I am now really worried that I'll have childcare costs for the days I do work, will loose money anyway from esa and won't get paid anything at all.

    ROSIEGIRL Senior commenter

    I can't see how this can be legal?
  3. GLsghost

    GLsghost Star commenter

    It's unlawful. You have a right to be paid for the work you do and your wages will have been unlawfully deducted in breach of your contract.

    Morever - and more seriously - as a person with cancer you are automatically deemed to have the protected characteristic of disability as defined by s6 of the Equality Act 2010. As such is is unlawful to subject you to less-favourable treament 'because of' your disability.

    What you describe appears to breach the provisions of the law in respect of disability discrimination in a number of ways. You should seek the support of your union at regional level without delay. Local / school-based reps generaly have insufficient training to deal with discrimination cases.

    No union? Look at home insurance policy for legal cover. If you are on a low income (you mention benefits) then Legal Aid (which is means tested) is available for discrimination cases and you can seek advice from discrimination-specialist lawyer.

    Macmillan Cancer can also advise and support in this scenario. They do not just provide their excellent nursing support.

    Good luck and best wishes with it all.
  4. shevington

    shevington Occasional commenter

    Assuming you have been in contact with your Union ,previously over your sickness, then contact them again at the Regional Level. Some schools try it on !!

    If you are treated like this, then the next time the school wants you to give good will and free time you know what to do.
  5. DaisysLot

    DaisysLot Senior commenter


    Consult union to enforce if of course relaying the law is not enough.

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