How is this even legal?! In my country (the Netherlands) it’s absolutely impossible to be fired when you’re on sick leave, especially when it’s illnesses like cancer.
@@Minimmalmythicist I don't think you can expect you can stay on paid sick leave for ever or even unpaid sick leave. There is a balance here. If you were a lifeguard and lose the use of your legs there is no reasonable adjustment that is going to allow you to stay in your job. Also if you are unlikely to be able to work for several years your employer isn't required to keep you on. What Daniel didn't mention is with a settlement offer there is a requirement for it to include reasonable legal costs to go over it independently. I think she is better negotiating on it and concentrating on getting better before worrying about work
He misspoke and asked if the diagnosis was good rather than the prognosis, which confused her. If he had said the right word, she probably would have answered the right question!
What he didn't give any advice on is what to do if she decides not to accept the settlement. Stay there and do her best knowing that she's going to fail the PIP and be fired in a few months (does anyone ever get successfully taken off a PIP?) or leave now and claim constructive dismissal? It's going to be a horrible few months if she stays.
@@thomasdalton1508 she admits performance is health related so doubt she would win any contrastive dismissal claim. I assumed before they approached her with offer, there was discussions around this.
When my employer discovered one of our office team had a cancer diagnosis they added her to the private healthcare which Directors get (pre-existing conditions accepted). I want these ghouls named and shamed for what they did to Sophia.
Good look with you health, always put your health first ❤. Also, check if you have legal cover with your home insurance. If you do, this will cover you for employment issues and as long as your case (could be disability discrimination etc) meets the threshold of 51% or more chance of winning, all your legal costs will be covered 😊.
We got "here" thanks to capitalism. It's why we've got healthcare, enough food for everyone and why you are able to watch this. *Edit:* Just to add, this woman has a job *in advertising,* one of the most capitalistic professions there is. When she had a legal problem, the employer violating her rights, she was able to call a *pro bono* legal phone-in programme and get both herself and probably some others some valuable legal advice. But capitalism is bad, right?
@@loc4725 You may be right - we only have this existence to compare. I find it hard to believe that humans would be unable to invent without someone outside the process personally benefiting to the detriment of the innovators. The longer I live the more I belief that capitalism is bad, yes. Even if someone fired for having cancer worked in advertising.
@@praguepersona9624 I used to think it was just a question of balance but the longer I live the more I think it's just fundamentally wrong to have a system designed to push wealth to the wealthy and poverty to the poorest.
@@vladimirimpthe ills of society aren't simply caused by "capitalism". The government is letting you down. They are taxing you more and giving you less in return. The solution is not to give the government more responsibility for your welfare. You can see examples of that in China and Venezuela today, and Russia and Germany in the 30s and 40s.
Difficult one, can happen to anyone. Think I would try negotiate more in the package and request some sort of (good will/gesture) reference that’s reflective of diagnosis not performance to sign and leave. Sounds like it on a 1 way termination track otherwise, not worth the hassle.
yeah they tried this with me I made them wait the 3 years and then got a nice payout after they tried to say I was not entitled to holiday pay lol it was funny the day £600 turned into £13k lol I live in a mid sized town and they hated I beat them lol and they talked about it down the pub and then I filed a privacy suit and got another £10k lol haven't heard a word since.
Disgusting behaviour from that employer , but this getting quite normal these days unfortunately I got bullied at work by my manager had a nervous breakdown and got a red letter day before he took he over and really good reports , I worked for major broadcast company I wrote to mist senior manager, he said I had to deal with my manager who’s bullied me, the hr and occupational health is management tool to get rid of staff not tho help . I hope that lady gets things sorted . Regards mark
just remember, you're a diagnosis away from being in need of the help and support because this is what happens to disabled and sick people who try to work, you get treated like crap and pushed away.
Sophia you should put in grievances. Get a lawyer. Do not allow your employer, to whom you probably given a lot of time, blood sweat and tears working to be treated like that when you are faced with illness!
Well, im going to be even more direct than Dan. Gov will give you £800pcm +pip +your rent paid (upto certain level). I was long term unemployed with my diagnosys, so the pay upgrade for me was insane. But Im a hospitality worker and was more recently a decorator. With the meds im on i wouldnt like to go back to either. You think you wont like it, get a hobby, a cat and get looked after. Hope everything works out for you. The employer is a muppet but they are kind of doing you a favour. Any more than £6k and the gov take deductions.
The short timescale question answered this. Go to HR for more time. Negotiating a higher settlement is an admission or message the employee is thinking about it, The issue is the dismissal.
![My employer scuppered chance of job interview with a bad reference. What can I do? [LBC Legal Hour]](http://i.ytimg.com/vi/BSY1DLRcOOc/mqdefault.jpg)
![My employer scuppered chance of job interview with a bad reference. What can I do? [LBC Legal Hour]](/img/tr.png)
![I faked a doctor's letter and now I might be sacked [LBC Legal Hour]](/img/n.gif)
How is this even legal?!
In my country (the Netherlands) it’s absolutely impossible to be fired when you’re on sick leave, especially when it’s illnesses like cancer.
The UK is kind of between the US and Europe in terms of worker´s rights. We have Margaret Thatcher to thank for that.
@@Minimmalmythicist I don't think you can expect you can stay on paid sick leave for ever or even unpaid sick leave. There is a balance here. If you were a lifeguard and lose the use of your legs there is no reasonable adjustment that is going to allow you to stay in your job. Also if you are unlikely to be able to work for several years your employer isn't required to keep you on.
What Daniel didn't mention is with a settlement offer there is a requirement for it to include reasonable legal costs to go over it independently. I think she is better negotiating on it and concentrating on getting better before worrying about work
@@jons9721 then the person should get full redundancy money.
@@Minimmalmythicist Which isn't much, generally a settlement offer is more than statuary redundancy. They are paying you to go away.
@@jons9721 well that brings us to another point, redundancy money is shit in the UK
what mean employers! Sophia my prayers are with you that you overcome this illness. Blessings to you, keep your chin up❤❤
Corporate scumbags. Consider this next time your employer talks about loyalty and values
This is the best legal channel with a real Barrister, much better than those TikTok accidental lawyers.
All the best, Sophia. Get well soon.
This is workers need the backing of a Trades Union.
He wanted to ask if it was terminal....but she didnt get the hint.
He misspoke and asked if the diagnosis was good rather than the prognosis, which confused her. If he had said the right word, she probably would have answered the right question!
What he didn't give any advice on is what to do if she decides not to accept the settlement. Stay there and do her best knowing that she's going to fail the PIP and be fired in a few months (does anyone ever get successfully taken off a PIP?) or leave now and claim constructive dismissal? It's going to be a horrible few months if she stays.
@@thomasdalton1508 she admits performance is health related so doubt she would win any contrastive dismissal claim. I assumed before they approached her with offer, there was discussions around this.
Yes, that's the crux if it. It wasn't explained. How to go about resigning and claiming constructive dismissal?
Depressing- I hope she gets well soon
When my employer discovered one of our office team had a cancer diagnosis they added her to the private healthcare which Directors get (pre-existing conditions accepted).
I want these ghouls named and shamed for what they did to Sophia.
not surprised, sadley corporate greed!
Good look with you health, always put your health first ❤. Also, check if you have legal cover with your home insurance. If you do, this will cover you for employment issues and as long as your case (could be disability discrimination etc) meets the threshold of 51% or more chance of winning, all your legal costs will be covered 😊.
Capitalism. Isn’t it awful? How did we get here?
We got "here" thanks to capitalism. It's why we've got healthcare, enough food for everyone and why you are able to watch this.
*Edit:*
Just to add, this woman has a job *in advertising,* one of the most capitalistic professions there is. When she had a legal problem, the employer violating her rights, she was able to call a *pro bono* legal phone-in programme and get both herself and probably some others some valuable legal advice. But capitalism is bad, right?
Unfettered capitalism is indeed, very bad. As with most things, a balance needs to be struck.
@@loc4725 You may be right - we only have this existence to compare. I find it hard to believe that humans would be unable to invent without someone outside the process personally benefiting to the detriment of the innovators.
The longer I live the more I belief that capitalism is bad, yes. Even if someone fired for having cancer worked in advertising.
@@praguepersona9624 I used to think it was just a question of balance but the longer I live the more I think it's just fundamentally wrong to have a system designed to push wealth to the wealthy and poverty to the poorest.
@@vladimirimpthe ills of society aren't simply caused by "capitalism". The government is letting you down. They are taxing you more and giving you less in return. The solution is not to give the government more responsibility for your welfare. You can see examples of that in China and Venezuela today, and Russia and Germany in the 30s and 40s.
Difficult one, can happen to anyone. Think I would try negotiate more in the package and request some sort of (good will/gesture) reference that’s reflective of diagnosis not performance to sign and leave. Sounds like it on a 1 way termination track otherwise, not worth the hassle.
Defintely as part of the Settlement Agreement an excellent reference should be part of it.
They sound like an appalling company.
Reminds me of the movie philadelphia
Counter the settlement agreement requesting an improvement then get the hell out and focus on your health.
Yes never accept their first offer - they will pay more!
This, hr person here i totally agreed negotiate a higher figure
yeah they tried this with me I made them wait the 3 years and then got a nice payout after they tried to say I was not entitled to holiday pay lol it was funny the day £600 turned into £13k lol I live in a mid sized town and they hated I beat them lol and they talked about it down the pub and then I filed a privacy suit and got another £10k lol haven't heard a word since.
Negotiate for a better package.
Disgusting behaviour from that employer , but this getting quite normal these days unfortunately I got bullied at work by my manager had a nervous breakdown and got a red letter day before he took he over and really good reports , I worked for major broadcast company I wrote to mist senior manager, he said I had to deal with my manager who’s bullied me, the hr and occupational health is management tool to get rid of staff not tho help . I hope that lady gets things sorted . Regards mark
Did anyone text in?
just remember, you're a diagnosis away from being in need of the help and support because this is what happens to disabled and sick people who try to work, you get treated like crap and pushed away.
Sophia you should put in grievances. Get a lawyer. Do not allow your employer, to whom you probably given a lot of time, blood sweat and tears working to be treated like that when you are faced with illness!
Well, im going to be even more direct than Dan. Gov will give you £800pcm +pip +your rent paid (upto certain level). I was long term unemployed with my diagnosys, so the pay upgrade for me was insane. But Im a hospitality worker and was more recently a decorator. With the meds im on i wouldnt like to go back to either. You think you wont like it, get a hobby, a cat and get looked after. Hope everything works out for you. The employer is a muppet but they are kind of doing you a favour. Any more than £6k and the gov take deductions.
Didn't advise to negotiate for a higher settlement. Didn't advise to hire an employment solicitor to negotiate on your behalf. Terrible lawyer.
The short timescale question answered this. Go to HR for more time. Negotiating a higher settlement is an admission or message the employee is thinking about it, The issue is the dismissal.