Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
How long has she worked there for?
I think between 4 and 5 years
ok thanks let me get my response ready please
When someone is diagnosed with cancer, they automatically become disabled under law and will have protection under the Equality Act 2010. Most importantly, the employer should not treat them detrimentally and they will also have a duty to make reasonable adjustments to assist the employee. A common reasonable adjustment would be to allow the employee time off to attend hospital appointments or receive treatment.
The EHRC Code provides certain examples of what reasonable adjustments can be and one of them is:
“Allowing a disabled employee to take a period of disability leave. For example, an employee who has cancer needs to undergo treatment and rehabilitation, and his employer allows a period of disability leave and permits him to return to his job at the end of this period.”
She can certainly request that the employer allows her to attend appointments or treatments and not penalise her as a result, stating her protection under the Equality Act 2010.
Could they force her to make the time up. She is stressing about her condition and work are not helping her by pressuring her to make the time up
They cannot force her to, but if they then deduct that time then she can claim it amounts to discrimination
Thank you for your help