Am I now classed as disabled because I had cancer

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I am back at work after a hysterectomy in 2017 radiotherapy and Bracatherapy in 2018. I was off work due to bladder and bowel issues from sept 2019. After operations and procedures I was ready to go back to work in March 2020 but I was high risk and finally went back in August 2020. 

I have been asked about my fitness as we have to do a fitness assessment for my job and I can do the actual job but I wouldn’t be able to do part of the fitness which is climbing 5 floors of stairs if we have an emergency evacuation. I could do all the other parts of it. 

I have an appointment with the company occupational health on the 30th of this month and one of the questions is am I classed as disabled?   

I wondered if anyone had any experience with this kind of thing. Oh I’m in Scotland and I know that some of our legal issues can be slightly different

any advice would be greatly appreciated

Joyce

  • Hi and a warm welcome to our little corner of the online community. 

    I don't think we're considered as disabled in the sense to get a blue badge but It might be a good idea to take a look at Ask a work support advisor in our Ask an Expert forum. I'm sure someone there will be able to help but I'd allow a couple of days for a reply as they're very busy at the moment. Hope that'll help.

    Love the moggies, 

    Big hugs, Barb xx Hugging


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    Womb cancer forum

    Macmillan Support Line - 0808 808 00 00, 7 days a week between 8am-8pm

    "Never lose hope. Storms make people stronger and never last forever” - Roy T Bennett

  • Hi Barb 

    thank you for your reply it’s most helpful I will send a message. The only reason I ask is. Because I don’t want to end up being sacked I just want to know my rights 

    thank you they are adorable JoyJoy

    Jiyce

  • Hi, I have gathered from previous posts on this subject that once you have had cancer you are protected under the disability act from discrimination and your employer is required to make provision for your needs.  As you say Scotland may be a bit different.   Is there a union rep who can help to fight your cornet?

    XXXX

    Anne

    (Class of 2015!)

  • Hi Joyce,

    I asked the same following surgery last year. I work for the NHS and felt a lack of support. You are well protected legally and once I contacted occupational health they were very helpful. I called the Macmillan helpline and they gave me all the information I needed. Employers can’t mess with us once you have cancer you are protected under the law for the rest of your life, we have rights I went from feeling vulnerable to empowered. 

    Best wishes

    Honey Two hearts

  • Hi Honey. That's interesting to know - I wasn't aware of being protected under law for rest of my life and, as I'm retired, hadn't given much thought to employment issues.

    Big hugs, Barb xHugging


    Community Champion Badge

    Womb cancer forum

    Macmillan Support Line - 0808 808 00 00, 7 days a week between 8am-8pm

    "Never lose hope. Storms make people stronger and never last forever” - Roy T Bennett

  • Hi Barb,

    I had no idea I was protected under the law. Once I had all the information I contacted occupational health, my manager hadn’t told them I was off sick following cancer diagnosis. They offered to do a full assessment if needed. Fortunately following 3 weeks of phased return I was okay going back to my usual duties albeit that I felt tired, I had cancer related fatigue took a fair while to get over. I still notice that by Friday evening I still feel very tired.

    I got the following info from the internet; 

    Cancer is deemed a disability under the Equality Act. Employees have automatic protection from discrimination from day one of their diagnosis. ... Employers must not discriminate against an employee with cancer unless there is objective justification for this behaviour.

    Good to know.

    Best wishes and a big virtual hug Hugging 

    Honey Two hearts

  • Hi everyone 

    thank you for your replies and support. I got a message back from the McMillan support and they said the same. I’m covered now for the rest of my life. I just don’t want to be moved to a different department or end up getting health retirement. I’m not quite ready doe that yet.

    thank you all again 

    Joyce.