I have a similar problem being discriminated at work.

  • 1 reply
  • 4 subscribers
  • 442 views

Since my employer found out that I was diagnosed with cancer their attitude changed and they reported me to the NMC but asked my Union to tell me when I was 10 post op after bowel cancer surgery.  They said they had suspicions that I was working else where when off sick which was untrue.  I have taken them to an employment tribunal on acts of discrimination for reporting me before giving me a chance to defend myself against any alleged allegation causing me distress and stress and an environment or humiliating and unlawful harrasment to a public regulatory body with out giving me chance to defend myself.  

They are also asking me to prove if I have cancer after the surgery where the cancer has been removed and trying to get my case striked out . I thought you were automatically covered and protected under the Equality Act 2010 whether you are in remission and had cancer removed but still have a disability,  but they are asking for strict proof.  Should I have to provide this if covered? 

  • Thank you for contacting us here at Macmillan.  My name is Linda and I am a Work Support Advisor on Macmillan’s National Support Line.  My team provides guidance on your rights at work if you or someone else is affected by cancer.

    I am sorry to hear about your problems at work. I can appreciate it must be a difficult time for you.

    As a cancer patient you have a recognized disability under the Equality Act 2010 (or the Disability Discrimination Act 1995 if you live in Northern Ireland) This protection is lifelong and does not depend on whether you are having active cancer treatment or if you are in remission.

    Our publication Your Rights at Work, explains more about the Equality Act and how you are protected in the workplace. 

     I have noted that you have already started the process to take your Employer to an Employment Tribunal for Disability Discrimination. I hope that your Trade Union are supporting you with this process .

    It is important to remember that medical information is considered to be sensitive data and it is your decision as to how much information you chose to share with your Employer. If you are still off work sick then you are obliged to provide your Employer with a Fit Note stating the reason for your absence. Your Employer may ask if you would be prepared to give written consent for them to access your medical records but this can be refused . You may also been asked to attend an Occupational Health (OH )  assessment to establish if you are Fit to return to work or not. OH can also make recommendations in their report for reasonable adjustments to be considered by your Employer to support you if it was your intention to return to work. A referral to Occupational Health is considered to be good employment practice.

    I hope this information has been helpful but please do not hesitate to get back in touch if you do need any further advice.

    Kind Regards,

    Linda

    Work Support Adviser

    Remember you can also speak with the Macmillan Support Line team of experts. Phone free on 0808 808 0000 (7 days a week, 8am-8pm) or by email