Cancer
Our team of Employment solicitors consists of dedicated specialists and lawyers who deal exclusively with employment law. The team have over 30 years’ experience collectively and have wide, in-depth knowledge of all employment matters and disputes.
You can be assured Lawson-West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice.
Lawson-West’s expert employment solicitors and lawyers have significant experience of representing clients who have been discriminated against at work because they suffer from cancer.
Research has shown that most employers do not discriminate against employees who are diagnosed with cancer and are having treatment. However, it is reassuring to know that in those few cases where discrimination does occur, the law is firmly on your side.
In fact, the Equality Act protects you if you have, or have ever had cancer. Even if you have been successfully treated for cancer and are now considered 'cured', you are still covered by the act, which means your employer must not discriminate against you for a reason relating to your past illness. Furthermore, your employer has a duty to make reasonable adjustments to your place of work and working practices to ensure that you aren't at a disadvantage when compared to others.
Adjustments could include:
• allowing you time off to attend medical appointments
• removing tasks that cause particular difficulty from your job description
• allowing you flexibility in working hours
• allowing you extra breaks to help with fatigue
• adjusting performance targets
• moving you to a post with more suitable duties if you agree
• moving your workstation to make it more accessible
• ensuring suitable access to premises for employees using wheelchairs/crutches, etc
• allowing working from home
• allowing a phased return to work after extended sick leave
If your employer doesn’t take your situation into account, discrimination can occur. A few examples of the types of things that would be considered as discrimination in these circumstances are set out below:
• Not making reasonable changes as above
• Dismissing or demoting you for a reason relating to your cancer
• Passing you over for promotion in favour of someone with less experience or ability to do the job
• Selecting you for redundancy for a reason related to your cancer (e.g. the amount of sick leave taken)
• Not allowing you time off for medical appointments
• Giving you an unfavourable appraisal or performance review (e.g. if you haven’t met targets or objectives as a result of illness or absence)
• Disrupting your entitlement to sick pay
• Making life difficult so that you feel you can’t stay in your job (this could include harassment and victimisation e.g. because of hair loss).
Making a claim
There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.
If you have been unfairly treated at work because you have cancer, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
In addition to No Win No Fee, Lawson-West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.
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