redundancy and cancer

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Do  if you have any rights when you are going through a redundancy process (already in place) and you are diagnosed with cancer? 

  • Hello  

    Thank you for your question. My name is Polly and I am a work support adviser on the Macmillan support line.

    Dealing with redundancy can be extremely stressful so we hope that you are getting support. If you need to talk, please give us a ring on the Macmillan Support Line 0808 808 0000

    An employer can make redundancies where the business changes or the need to employ people in the business reduces. Perhaps the employer wants to move the business to another location. A genuine redundancy situation arises if the business closes or staff numbers need to go down. It is important to check whether this is a genuine redundancy situation, and it meets the definition under the Employment Rights Act.

    Employees have individual rights if they have over two years’ service with the same employer and they also have collective rights because the employer must consult the workforce if 20 or more employees are at risk of redundancy. Collective consultation requires the employer to engage meaningfully with the workforce to reduce the number of redundancies. The period of consultation usually lasts 30 or 45 days depending on numbers. The consultation period is a good time to look at the proposals, to talk to colleagues and to think of questions to raise and to offer alternatives to job loss. Usually this is done via trade union or elected consultation reps.

    The Gov UK website has a summary of this process.

    One of the driving forces behind the redundancy process is to minimise job losses. The guidelines state that:

    1. The employer must give as much warning as possible.
    2. The employer must draw up agreed selection criteria.
    3. The employer must use objective selection criteria rather than the subjective opinion of management. They must also follow the agreed criteria in every case.
    4. To minimise redundancies the employer must offer alternative employment where possible and consider representations made by the workforce. Some larger employers have a redeployment policy.

    The first step is to review the redundancy policy to work out if any of the criteria put you at a disadvantage when you compare yourself to an able bodied candidate. Cancer is a recognised disability under the Equality Act 2010 or the disability Discrimination Act (if you live in Northern Ireland) . These Acts protect you from disability discrimination and place the onus on the employer to make reasonable adjustments to help you overcome disadvantages related to your health at work. This can apply to policies and procedures in the workplace including the redundancy policy. If you feel you are at a disadvantage then you can request reasonable adjustments to the selection criteria and the selection  methods.

     

    Here are some examples:

    • Providing coaching or training where the employee has been through a lengthy disability related sickness absence and are de-skilled.
    • Reducing or eliminating disability related sickness absence where attendance is a criteria.
    • Adjusting testing/selection methods- for example using past appraisals rather than a test or an interview for someone who is recovering from cancer.
    • Ignoring a disciplinary warning linked to disability.

    Some cancer patients find that the employer offers an alternative role that is not suitable for example it requires relocation, a long journey to work or is physically too demanding. Care must be taken if refusing redeployment because you can risk your redundancy payment if you refuse the new role unreasonably. Please talk to us about this.

    Here is a link to the Redundancy Payment calculator

    If you feel that you are being treated unfairly, please get in touch. Is important to gather evidence and ask the employer questions for example:

    1. How many redundancies were made and roughly who else was selected?

     

    1. What is the pattern of those made redundant, compared with those retained, by

    reference to disability.

     

    1. What reason were you given for your selection? What are your thoughts about this reason?

     

    1. What were the redundancy selection criteria? How well did you meet the criteria?

     

    1. Were you offered alternative employment?

     

    1. Do you believe discrimination has occurred and if so, why?

     

    1. Any other discriminatory incidents or remarks.

    Polly 

    Work Support Advisor
    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
  • Hi thank you for below

     

    Just to clarify the redundancy process was gone through in fair way as you describe below but this happened 3 months ago. My termination date is end of July – but I was diagnosed only 3 weeks ago – no will be out of a job as I go through cancer treatment.

     

    I wanted to check if there was anything I can do, do I have any rights, anything – there is no safety net of being employed now.

    I had planned to start my own business but everything is on hold now and it all feels very uncertain. 

     

    Please advise

  • #SH1

    My name is Stacey from the Work Support team and just to follow up on your second email. You have protection under the Equality Act 2010 as having a disability if your employer has a knowledge of your disability. However, as this is not the case, and it seems that (as you say) you were treated fairly through the redundancy process as any other employee, it is unlikely that you would have any recourse to any action against your employer.

    You do still have protection under the Act when seeking work and also when you are self-employed.

    If you were seeking work you do not need to declare that you have a disability throughout the recruitment process (although it can be beneficial if an employer is ‘disability confident’ and they have a positive recruitment process toward applicants who have a disability) but we do say that it would a good time to declare your health issues when offered a job, as an employer often asks about health to determine if an employee needs any support in the future. Also, as stated previously, you would not have protection under the act with an employer if they have no knowledge of your disability. There is also some protection if you are self-employed. Here is a booklet that supplies information on this:  

    self-employment

    You will see in the booklet that it talks about what you might claim if you are out of work. If you would like further advice on benefits and/or general financial advice, please call our Welfare Advice and Financial Advice teams – they can be contacted on the number below.

    Stacey

    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.