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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47388
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have cancer and need stem cell treatment which means 6

Customer Question

I have cancer and need stem cell treatment which means 6 months off sick. I have been told I have to give up my job as a pub manager (by the company) and take a new job with less money and maybe more travelling (again by the company)
Do I have any rights as this cancer fight has been going on for 2 years????
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Do they mean a change of job after returning from sick leave?

Customer: replied 11 months ago.
NO. (I am writting this for a friend).They are managers of a public house as a couple. They have been there 8 years. The pub is about to go under refebishment therefore company policy is you have to apply for your own pub back. The manager has been told to apply on his own due to his wifes illness and the time she has to take off for stem cell treatment.
Yesterday the area manager asked her to stand down as joint manager and take another role in the buisness which means less money travelling and basicly splitting up a young family. 2 young daugthers and a husband where they live at the moment in the pub they run together All of this must happen as soon as possible for her husband to apply to keep the pub and there living accomodation.
Expert:  Ben Jones replied 11 months ago.

It is quite likely that this would amount to disability discrimination. As someone who is diagnosed with cancer, she is automatically classified as being disabled and will have automatic protection against discrimination, which means that she must not be treated unfavourably because of her disability. In addition, the employer would have a duty to make reasonable adjustments if she is likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples:

  • making adjustments to work premises;
  • allocating some of the employee’s duties to others;
  • transferring the employee to fill an existing suitable vacancy;
  • altering the employee’s hours of work;
  • allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
  • acquiring or modifying specialist equipment;
  • providing supervision or other support.

If someone who is disabled is being treated unfavourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (the time limit for claiming is only 3 months from the date of the alleged discriminatory act taking place).

This is your basic legal position. I have more detailed advice for you in terms of the steps she can follow if she needs to take the matter further formally, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

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Customer: replied 11 months ago.
reading your reply it would be cosidered discrimmanation if they took me out of my role as joint manager because i have to have stem cell treatment.
Expert:  Ben Jones replied 11 months ago.

yes correct, they should really be allowing you to take the time off for treatment, keep the job open (not sure if he husband can do that alone for 6 months? or get temporary cover) then allow you to return back after treatment to the same job

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