Council nursery worker could be sacked amid infant son’s cancer treatment

New River Green nursery in Islington. Image: Google

A council nursery employee has said she is being “forced to resign” after being absent from work as she cares for her three-year-old son undergoing intensive cancer treatment.

In October 2024, Edwina Fleming’s infant child was diagnosed with neuroblastoma, a rare pediatric cancer that develops in the nervous system of babies and young children.

Ms Fleming, a part-time worker at New River Green nursery, informed her manager of the situation, and was told she could take an unpaid career break for two years.

But choosing to forgo her income for that period “was not an option,” she said, and was later signed-off work by her GP for stress and anxiety arising from the impact of her son’s illness.

Having worked at the nursery for six years, she now faces an absence procedure which could result in dismissal.

In the meantime, she said has been “bombarded” by her manager’s phone calls while attending hospital appointments.

“They’re trying everything in their power to make me resign. Why were they not liaising with me via email?” she told the Citizen.

“I work for a local authority that works with children who have disabilities. Should there not be some empathy?”

Islington Town Hall said it was “strongly committed to challenging circumstances, including by offering a range of reasonable adjustments and, where necessary, career breaks”.

“We have a clear absence policy, which is consistent with employment law and the Equality Act. Dismissal is always a last resort that follows a full, formal, and transparent process,” a spokesperson said.

Under the Employment Rights Act 1996, all employees have the right to take a reasonable amount of unpaid time off to deal with emergencies involving a dependent.

Government guidance states: “If you are not given time off for dependants, your employer may allow you ‘compassionate leave’ – this can be paid or unpaid leave for emergency situations.”

Many public sector employers—including NHS trusts, London councils, and universities—provide paid leave or discretionary paid ‘special leave’ for caring situations.

As of April 2025, parents whose babies require at least seven days of neonatal care in the first 28 days of life can get up to 12 weeks of paid leave.

Ms Fleming’s union, GMB, said they had “never come across more callous behaviour”.

Speaking to the Citizen, a representative said it was common for large private employers to provide sick pay for an employee dealing with a situation like childhood cancer until the scenario was resolved.

GMB also criticised the nursery managers for trying to persuade Edwina to agree unpaid leave, despite her being entitled to sick pay at the time.

If you are too ill to work, employees can get up to £118.75 per week in Statutory Sick Pay (SSP) for up to 28 weeks.

Kay Huntbach, GMB regional organiser, said: “Edwina is dealing with the worst news a parent can receive. Her situation should have been met with compassion and support.”

“Instead, her employer – a nursery of all places – has attempted to intimidate her while she is at her most vulnerable.

“We call on Islington Council to investigate the cruel and insensitive way in which Edwina has been treated and ensure she left in peace to support her son.”

The Citizen asked the local authority which options were provided to Ms Fleming ahead of the current situation.

It also asked the council if it believed there was a moral case to make an exception to its policy that would ensure their employee was not left without pay while having to care for her son, before triggering an absence procedure.

A Town Hall spokesperson responded: “We cannot comment on the detail of an individual case, but in cases where an employee experiences difficult personal circumstances, the council will offer support like career breaks, special leave, flexible working and adjustments to any existing processes the member of staff may already be under.

“The council is aware of its obligations under the Equality Act and is a reasonable and supportive employer.”