Hi again Community,
Our post this time is around Reasonable Adjustments – what they are and how they can help.
All cancer patients have a recognised disability under the Equality Act 2010 (Disability Discrimination Act 1995 in Northern Ireland). This protection applies from the date of diagnosis and lasts for as long as needed. It applies to job seekers as well as those in work. Once the employer is aware that you have a disability under the Equality Act then this gives rise to a duty to help you overcome your barriers to work by making reasonable adjustments. Here are three stories to show how reasonable adjustments work
Asif
Asif was diagnosed with Testicular Cancer a month ago. He has had surgery and one dose of chemotherapy. Although he feels better he still struggles with fatigue and has depression because of the diagnosis. His GP thinks he is ready to do some work but wants him to attend regular counselling sessions.
What can the employer do?
The responsibility for making reasonable adjustments rests firmly on the shoulders of the employer but it makes sense for the worker to participate and make suggestions.
Vladek
Vladek was diagnosed with bowel cancer over a year ago. He had surgery that left him with a permanent stoma. He works as a Paralegal for a small law firm. Vladek loves his job and wants to go back and start earning again.
Vladek is worried and embarrassed about going back because he needs to manage his colostomy bag regularly. The toilet facilities at work are limited.
Under the Equality Act the employer is required take reasonable steps to alter a building where a physical feature puts the disabled worker at a substantial disadvantage. Health and safety regulations also place an obligation on the employer to provide an adapted work place for their disabled employee. This includes suitable toilet/washing facilities. Vladek can make a convincing case that this is needed and might want to share the Health and Safety executive Guidance on Welfare at Work with his employer.
Vladek did not know about the Radar Key . This key gives him access to all disabled toilets across the UK.
Trade unions promote Toilet dignity at work. This is a problem across many sectors. Learn more about this ongoing campaign on the TUC website. Give us a (Loo) break!
Nadya
Nadya has worked on the production line of a bottle factory for 9 years. She has worked on every stage of production and knows the work of the factory inside out. The order books are always full and there is pressure to meet those orders quickly. Workers must do 10 hour shifts without exception.
It was a blow when Nadya was diagnosed with breast cancer. She lives with severe problems with fatigue and is unable to do 10-hour shifts.
We suggested that 10-hour shifts were a provision, criterion or practice which placed Nadya at a substantial disadvantage connected to her disability and the employer could make a reasonable adjustment by allowing her to work shorter shifts. She made this request and obtained a fit note for 3 months from her GP to confirm that shorter hours were a health need.
The employer allowed this for three months. When the three months were finished the employer told her they had done enough. It was unreasonable to have a machine idle for half a shift and it was too difficult to organise cover. They refused to accept the new fit note. Nadya had no choice but to go sick.
Nadya was in a Trade union and was able to access legal support. Where there is a dispute about what is a reasonable adjustment then the worker needs to go to an Employment Tribunal for a decision. The Tribunal will apply the Equality Act and decide the case based on the facts and the law.
Nadya’s case shows how important it is to get advice because the employer can say that an adjustment is unreasonable.
If you find that you are facing difficulties at work, you can seek advice from the Macmillan Work Support Service by calling 0808 808 0000 (option 1, followed by option 2). We’re available Monday to Friday 8am to 6pm.
