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Can My Employer Stop Me Having Surgery?

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xjxpx | 18:35 Tue 08th Aug 2017 | Jobs & Education
27 Answers
I was put on an urgent 2 week referral by the NHS to have some moles checked. I advised my employer of this but managed to schedule both appointments around work I then advised my line manager that they had found a cancerous mole and it needed removing, I was put on the urgent 2 week referral for surgery and told my manager that they advised me I would get little or in some instances no notice as the hospital could call me up and tell me to come in. Today I got my appointment for a weeks time but my manager said I can't go because they currently have 2 people booked off for annual leave... I advised it was an important appointment to which she replied "your appointment may be important to YOU but having resources in work is important for me" ... is this professional? I rang my surgery and asked for the appointment too be rescheduled but their is no space to move my appointment and I NEED to be seen in the two weeks. At the end of the day this is a medically nessacary appointment and surely my health is important as the mole could potential grow bigger and more mallicous (it is already very raised like a small tumour and black) can somebody please tell me I am within my rights to go to this appointment?
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Will your GP issue a sick note, surely your employer cannot stop you going off sick irrespective of how many others are on leave.
19:03 Tue 08th Aug 2017
How long have you been working at the company?
You have cancer and need it excising immediately. Your employer absolutely cannot force you to delay surgery.

incidentally, what type of cancer is it? (BCC, SCC, melanoma)
No!
but if you have been working for the company for less than two years you may find that they will sack you. It really depends how much you are concerned for your health and how much you need the job and how much the company needs you!
personally, I'd say never mind your rights, just go (which you may intend doing anyway) and argue it out with your employer later.
You can always get another job...lives are more difficult to come by. Does your line manager know the nature of the surgery. If so, she's pretty heartless. Get the surgery done and the very best of luck x
Question Author
It's melanoma. Unfortunately I am still in probation with the company I work for. However I have offered to work back the time and even come in after it has been removed. It cannot be rescheduled so I'm not really sure what I can do.
Speak to your union.......
Have the op and get a new line manager. Tell the creep to do the job himself(or herself) . Think I would have sparked him out on the spot.
New poster xj?
Will your GP issue a sick note, surely your employer cannot stop you going off sick irrespective of how many others are on leave.
Your line manager's attitude is shocking, especially since you have made it clear that you will try to make up the time. Is there someone more senior you can speak to to explain the situation? The bottom line is that you must put your health first and have the surgery.
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Thanks guys! I'm glad we all agree that her attitude is shocking. I'm going to try and obtain a doctors note for the surgery... I guess they can't argue with that! I will definitely be going ahead with the surgery job or no job. The mole looks pretty aggressive already I'm not willing to put my health at risk. I appreciate all the comments!
There is also some information about employees' rights and cancer here - you might find this useful. You could also contact Macmillan directly if you continue to have problems.

http://www.macmillan.org.uk/documents/cancerinfo/rights-at-work.pdf

Wishing you well
Time to find a new employer
xjxpx ...tell your employer that you will be having the surgery and won't asking for permission first, .......because you don't need his permission.

Let us know how this pans out and good luck with the Op !
Question Author
Honestly thanks so much for the comments! I'll see what happens tomorrow!
Whatever happens...good luck. What a horrific position to be in.
Yes good luck xjxpx , put your health first and go for the op at the soonest opportunity. Just provide the relevant information, communication and sick note to your employer and then as soon as you're able to, start looking for a better employer, this one stinks bad.
Always difficult when the question in the title is the opposite of the one at the end of the post. The answer is no, and yes. No one can stop you getting the medical attention you need. But as for most decisions in life, there are possible consequences. It's not unreasonable for a boss to ask to you reschedule if circumstances allow, but from what you tell us, that isn't possible. I'm suspecting that you value your life above your job so the decision is really already decided. Meanwhile the suggestions of union involvement, doctor's note, and saying you have to and will go, is all useful. I trust you have re-explained the necessity and circumstances to your boss after getting in touch with the hospital. It may be that they don't understand the urgency and inability to reschedule.
Your employer cannot stop you. You've informed her, that's all you need to do. Your health takes priority and the law is on your side.
18 months ago I hurt my back big time could hardly stand up or walk been with the company just under 2 years had no time off got sick note from doctors for 2 weeks then 3 days later got phone call you're sacked!
Tried to reason with them but not interested as I'd been there less than 2 years they can sack you for being sick ...no one gives a toss anymore !

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