Employment Lawyers Can Answer Your Employment Law Questions
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?
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:
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
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