Hi Alsy 

Thank you for your message. My name is Alissa, and I am an advisor on the Work Support Team.

I am sorry to hear about your cancer diagnosis and hope you have been well looked after by your medical team. I can hear that you have been through a lot and continue to do so when managing side effects from your treatment as well as how you are currently being made to feel at work. I am glad you have reached out to us.

I am further sorry to hear that you were not supported by your employer when you were approaching them and making them aware of the pain and discomfort you were suffering from your cancer treatment. Not being supported with the adjustments you require at work could possibly be discriminatory.

Importantly, an employer has a responsibility to their workforce’s health and safety, and a legal obligation to consider any reasonable adjustments that could support a member of staff to be at work and work comfortably and safely.

When you are diagnosed with cancer, you are considered to have a disability under the Equality Act 2010 (or the Disability Discrimination Act 1995 if you are in Northern Ireland). This means your employer should not discriminate against you because of your cancer. Your employer is also under a duty to make reasonable adjustments to help you at work. This protection is lifelong and does not depend on an active cancer diagnosis.

Reasonable adjustments remove or minimise disadvantages experienced by disabled people. Employers must make reasonable adjustments to ensure disabled people are not disadvantaged in the workplace. They should also make sure policies and practices do not put disabled people at a disadvantage.

You can request a reasonable adjustment in the workplace, providing you can relate it back to your cancer or any long-term health condition. Your employer has a duty to consider all reasonable adjustments and a failure to do so could suggest disability discrimination. If your employer rejects a reasonable adjustment request, they need to be able to demonstrate why it is “unreasonable” for them to accommodate or it could suggest that you are being treated less favourably as a disabled person. If you feel this applies, it would be advisable to seek further advice.

I am unclear if there are alternative tasks/duties that you could carry out at work, or adaptations that could be considered and put in place to help you overcome any challenges or barriers, to help you work comfortably and safely. If so, I would suggest requesting in writing the adjustments that you require. 

Your GP and Oncologist may be able to help you with identifying possible reasonable adjustments you may need. They can share this information on your fit note about the adjustments you may need.  

Further information about the Fit Note can be found on: Sick pay and Fit Notes

It may be useful to request a referral to occupational health. Occupational health can discuss and report when an employee is managing a health condition. Advice from occupational health should help an employer understand whether any reasonable adjustments should or could be made to support someone at work.

Here is a link to the NHS website that explains their work:

https://www.nhshealthatwork.co.uk/what-is-oh.asp

With your length of service, you are protected from unfair dismissal. If your employer is looking to dismiss you then they must demonstrate that they have followed a fair process in line with what is called a capability process. If they have not supported you with the adjustments that you require then this could amount to potential, disability discrimination.

If you were dismissed, it is important to appeal against the dismissal and I would suggest making contact with ACAS for the process of early conciliation at the earliest opportunity.

If you are a member of a union, I would suggest reaching out to them for their support. It may also be worth checking to see if you have access to any legal advice. You may find this in financial products, such as your home insurance if you have this. Check your policy schedule for cover.  

Regarding finances, I would recommend reaching out to our Welfare Rights team here on the Support Line regarding your circumstances as they will be able to explore any benefits and financial support, that you may be eligible for. The team can also advise of any other grants you may have access to. The team can be reached on 0808 808 00 00 pressing option 1,2 and 2 again. Alternatively they can be contacted here by online chat.

We also have our Financial Guidance team here on the Support Line. They are available on the above number too, Monday to Friday, from 8am until 6pm selecting option 1, then 2, then 1. By email or chat online. They can provide guidance relating personal finances, such as, mortgages, debts, loans, insurance, pensions etc. This may be useful if you have a work pension to explore any options that may be available to you.

I hope this has been helpful to you and please do not hesitate to get back in touch with us or any of our teams if you or your family require.

Best wishes,

 Alissa

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 Allisa

Thank you so much for your reply and advise,I had an occupational health report before returning to work,the reasonable adjustments mentioned in the report were completely ignored.

I have spoken with acas and they have recommended going ahead with the meeting before seeking further advice. 

The information you have supplied is most helpful,my condition now is at a point where I am no longer fit for any role in the business.I am currently awaiting scan results to see the damage caused to my neck which as been impacted greatly due to repetitive strain caused whilst doing the job for a further two years after treatment.

Many thanks.

Alsy