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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Im a police officer in london. I have been discriminated

Resolved Question:

Hello. Im a police officer in london. I have been discriminated against because my insp says i cant go to a diffrent dept in the police,because my sickness is apparently "too high" i had a misscarriage..this plus an injury on duty and a cancer scare means my sickness is over the "allowed" 18 days in 3 years. He is refusing to reccommend me only on my sickness being high. He wont write the misscarriage up .please do i have a case? Kindest regards caron
Submitted: 10 months ago.
Category: Employment Law
Expert:  Ben Jones replied 10 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

There is indeed potential discrimination here on grounds of pregnancy or gender. A miscarriage, and any sickness related to it, should be treated in the same way as pregnancy-related illnesses or absences. So whilst not all absences can be discounted from the employer’s deliberations, they should seriously be considering removing those that related to your miscarriage, in the same way as any other pregnancy-related illness should be ignored.

A similar issue may arise with the cancer scare, although that would only be protected if a diagnosis of cancer was made. In that case it would amount to a disability so including this in the deliberations could amount to disability discrimination. If there was no formal diagnosis, then it would be just normal absence from work and it can be included.

So the rights to challenge the miscarriage-related absences would be stronger, unless there was a diagnosis of cancer which can then also include these absences too. You should be pushing the employer to ignore these absences, which could potentially reduce your absences over 3 years to an amount that would not prevent you from being recommended.

This is your basic legal position. I have more detailed advice for you in terms of the options you have on taking this further, 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

Expert:  Ben Jones replied 10 months ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Customer: replied 10 months ago.
Hello there..would a condition such as being diagnoised with human parvilious virus HPV which causes the cervical cancer be included in the disability or equality acts 2010 please? Kindest regards
Caron
Expert:  Ben Jones replied 10 months ago.

It depends on how it has affected you and its duration, I can discuss that as follow up advice, please leave your rating for the original response first then I can continue, many thanks

Expert:  Ben Jones replied 10 months ago.

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