Cancer patients face work discrimination
Returning to work after being diagnosed with cancer might be a daunting experience but you should be able to rely on support from your employer and colleagues, yet research from the charity Macmillan shows almost one-fifth of people diagnosed with cancer face work place discrimination.
The survey of 1,009 patients reported that 15% returned to work before feeling ready with some participants saying they felt guilty for taking time off work for medical appointments. The survey indicates that 14% of those diagnosed give up work or are consequently made redundant.
Liz Egan, from Macmillan Cancer Research, said "It's appalling... so many employers are not offering the right support."
A middle-aged man from Southport recently told a BBC programme he was "treated appallingly" by his employer. After his surprising recovery and request to return to work, he said his manager had dismissed him "because they felt I wouldn't be able to handle the stress of the job”. Yet the prejudice had the complete opposite effect “it was actually increasing the stress on me because I wouldn't be able to pay the mortgage."
After taking the company to an employment tribunal he was awarded more than £62,000 because he was dismissed unfairly.
The Equality Act 2010 protects employees from being unfairly treated as a result of a cancer diagnosis. Employers are required to make "reasonable adjustments" to any elements of the job that position the employee at a substantial disadvantage.
Lawson-West Solicitors Employment Paralegal Sejal Patel comments: "Often whilst working, people who are diagnosed with cancer are not aware of their rights under the Equality Act, many do not want to be treated differently and avoid telling anyone in the work place. There needs to be a greater awareness, when considering discrimination cases related to cancer as the law is there to support you."
"There are several protective factors which The Equality Act considers, for example; employers cannot dismiss you for taking excessive absences if it is in relation to your illness, rather your employer has a duty to make 'reasonable adjustments' to your workplace and working practices to ensure that you are not at a disadvantage when compared to others. Furthermore, if you are considered to be in remission your employer must not discriminate against you for a reason relating to your past illness.”
If you think you have been subject to discrimination on the basis of present or past cancer, please contact a Lawson-West Solicitors on 0116 212 1000 or 01858 445 480 to speak to a member of the Employment Law team.
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