GIST Cancer. Imatinib

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Hello. I work now a safety critical role on the railway, not as a driver, but as a guard.  I have recently been told my GIST cancer has returned and I am to start taking Imatinib again. We have to notify resources if we take medication, and they will decide if we can work whilst taking it. Last time I was on this drug I worked somewhere else and although I had side effects, I was able to continue. I did however reduce my hours. Can work refuse to let me work due to the potential side effects of Imatinib? I expect I will need an OHS referral, but I am really worried about the potential ramifications if I can’t work. Any advice would be gratefully received  

  • Hello

    Thank you for contacting us about your situation at work. My name is Stacey and I am an adviser from the Work Support team here at Macmillan and I will be answering your query today.

    I would firstly like to ask if you are aware of your protection under the Equality Act 2010 (Disability Discrimination Act 1995 if you live in Northern Ireland)? A cancer diagnosis is automatically classed as a disability under the acts and this means that your employer has a duty to provide reasonable adjustments for you at work. I have a link here to a booklet called ‘Your Rights at Work’ which  describes reasonable adjustments and protection against discrimination further:

    Your Rights At Work

    It is likely that your employer is aware of this as you did work somewhere else last time – this could be seen as your employer providing a reasonable adjustment for you.  This may happen again. I’m assuming that when you stopped taking the drug, you returned to your substantive post. It seems these are the same circumstances and you if you were to work in a different role again, would still accrue rights against your contractual post – for example holidays and your post should still be open for you to return to. It is important to be aware of your protection under the Equality Act 2010 (DDA 1995) remaining for as long as needed if your needs are still linked to your disability.  In your case, they are, and you have returned to taking the same medication as before. If an employer fails to provide reasonable adjustments to someone who has a disability it can be seen to be discriminatory. However, sometimes it can happen that if the changes to your health are long term your employer may ask if you wish to change your contract, but they would need to ask your permission first.

    It is good practice for an employer to refer their employee to Occupational Health. This means that the medical professional should be aware of your health and the medication you take as well as the needs of your employer. They will produce a report for your employer – which you can ask to see, and your employer will take appropriate action as a result. It would be a reasonable adjustment for you to work in another role if it was felt that taking medication in your current role put you or others at risk. It might be useful to check in your contract or terms and conditions to find out more about health and safety requirements and the aspects of your job role.  If you are in a trade union, you could also ask your representative to look into this for you too. Here is a link to the Health and Safety website for some general information health and safety:  

    Workplace transport safety - A guide to workplace transport safety (hse.gov.uk)

    I think you are concerned generally about being able to continue working with railway. You have shown that you are flexible in considering other roles, and as you work for a large employer there is every opportunity to look at other ‘reasonable roles’ – even if it meant that you might need to retrain for a job that has different challenges. It would only be in a scenario where the company would need to declare that there are no other appropriate job roles for you before they could consider any action such as dismissal under capability (not capable of carrying out any reasonable roles within the company) . If you have been working for the company for more than 2 years you have protection against ‘unfair dismissal’. Your employer would need to follow a fair process before they would reach this decision and you have a right to appeal. If you are a trade union member, they would support you if this were to happen.

    Hopefully, your employer will continue to support your needs but please contact us again if you would like to discuss the matter further. You can either reply to this message, email us, or contact us on the Macmillan Support Line directly. We are available on webchat or via phone from 8am to 6pm Monday to Friday. To call us, our number is 0808 808 0000 option 1, then 2, then 3.

    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.