Terminal prognosis – to tell employer or not?

 Hello, my husbands company have been brilliant throughout the last 18 months of his cancer. They have kept his job open, although he has been covered by a sicknote, have paid him sick pay per company policy. He has been with them for nine years.   Now he is terminal I guess we need to be letting them know however, how long is a piece of string? We have no idea in actual timescales how long Steve has got. Although, I am fairly sure he will never be going back to work.  I don’t know whether the information is going to be helpful or not,  or whether we may be shooting ourselves in the foot. Nor do I know whether, legally, we have to say anything. Anyone got any ideas? 

  • Hi Hun xx 

    so sorry about this - I can’t inagine how hard it is for the both of you xx 

    As an employer...they shouldn’t be focusing on the ‘terminal’ aspect as such. However, what they may be interested in is the fact that hubbie may not be able to return to work xx 

    If an employee is off sick and there is no return to work on the cards, in the foreseeable and there are no adjustments that can enable a return to work...the employer has the right to manage the contract (I.E possibly dismissing due to capability/ill health). 

    In order to do that, they’d need to follow a process....and that process should include a medical opinion (from your hubbie’s GP or an OH person (or both)). If that medical opinion was that hubbie won’t be returning to work (and no adjustments can be considered) then this means they may be able to safely (although it is very sad) dismiss. 

    Some employers like to hang around with this process...especially for an employee they love and care about. I suspect that’s what they’ve been doing for your husband xx 

    There’s no specific legal obligation on your husband to tell the employer anything about a terminal diagnosis. He will be expected to engage with his employer during his period of sickness...that’s reasonable. But he can keep that aspect of his absence private. 

    Is it benefiting you, your husband continuing to be employed? If so....do you feel if you revealed the terminal diagnosis, that this may prompt them to speed along the process and possibly bring about his dismissal? If so...it might be worth keeping that to yourself. It’s your call x it might well be that they will eventually come across some information that indicates your hubbie’s terminal diagnosis (for eg, if they apply to his GP and he or she confirms he is very poorly and so won’t come back to work and they then put ‘two and two’ together....however, if you don’t mention anything about this, they may just keep things ticking over for now...rather than escalating it down the process) xx 

    Bear in mind that he will be accruing holiday over sick leave (there are some rules around this) and, if the worst happens and they bring about his dismissal, they will need to do this in line with any termination clauses in his contract (I.E dismiss him with notice) xxx so sorry again...xx