How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

A friend has been diagnosed with cancer. Shes been

Resolved Question:

A friend has been diagnosed with breast cancer. She's been reprimanded for time off and has been told she has to make the time up she is taking off for hospital treatment. Can they do this?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

How long has she worked there for?

Customer:

I think between 4 and 5 years

Ben Jones :

ok thanks let me get my response ready please

Customer:

Thank you

Ben Jones :

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.

Customer:

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

Ben Jones :

They cannot force her to, but if they then deduct that time then she can claim it amounts to discrimination

Customer:

Thank you for your help

Ben Jones and other Employment Law Specialists are ready to help you