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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46238
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hello. My wife is a contract worker with JP Morgan .. her contract

Customer Question

Hello. My wife is a contract worker with JP Morgan .. her contract has been extended a few times and they have said they may wish to offer her a permanent role .. Around June time. we saw this as being very probable but their wheels grind very slowly.Yesterday she was diagnosed with cancer of the lymph nodule and we have a meeting on Friday re treatment. It's likely to be chemo plus a mastectomy ,,, the chemo will last 18'weeks . As a contract worker we assume she has no rights re sick pay and that JPM will likely terminate her due to her inability to perform her work ... Such are terms that apply ,or do not apply ,to contract workers. I would appreciate your comments . Stewart Sparkes.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. When you say she is a contract worker, is she self employed or working through an agency?

Customer: hello Ben... Through an agency... I am happy to talk if you prefer . XXXXXXXXXXX
Ben Jones :

Sorry it's an online service only...How long has she worked there for?

Customer: Ok ... I can check but c 18 months perhaps a bit longer on this contract...
Ben Jones :

ok thanks let me get my response ready please

Customer: I'm off to a meeting now ... I assume you will be responding to my email as supplied ... I ain't to hot on technology so disconnecting now..
Ben Jones :

The response will be on here but you should receive an email when I have responded to alert you

Ben Jones :

Whilst her rights as an agency worker will be somewhat limited, she is still protected against discrimination because that is an automatic right that applies regardless of her status or length of service. One of the grounds on which discrimination could occur is disability and someone who has been diagnosed with cancer will automatically be classified as being disabled.


 


So in terms of her rights in this situation, as an agency worker she is not entitled to receive occupational sick pay from her employer in the same way that permanent employees are, but she may still be eligible to receive Statutory Sick Pay.


 


When it comes to being retained she must not be treated detrimentally due to her disability. So the employer cannot just say that they will refuse to employ her permanently due to her being unable to perform her job. They will have a duty to make reasonable adjustments first and that could include giving her light duties to start with, making changes to premises or equipment to assist her if needed, perhaps delaying taking her on to allow for the treatment and so on. A blank refusal to employ will rarely b fair and they must consider what they can do before they make a decision on her employability. If there is nothing they can do and it is obvious that she simply cannot perform that job any longer then they could be justified in rejecting her but they must show they had at least considered all these factors before they made the decision.


 


So she can certainly advise them of her rights and tell them she expects to be given a chance despite this treatment and if it appears that they have already made up their mind without any considerations as stated above, she can remind them that it is potential disability discrimination and that she will consider taking the matter further if necessary.

Customer: Hi again.. Thanks for that ... The length served with this current contract .. May actually be longer than I previously mentioned .. This will not alter her rights but I suppose the longer she has been associated with them in this position , and assuming her performance has been acceptable, this could only enhance her position.. Are there any lengths of service that could be key re timescales ?and thus affecting her position/rights/benefits due. Thanks.
Ben Jones :

Not for agency workers - it would be relevant if she was an employee but not in her position so the length of service will not really have any legal relevance here

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46238
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and 2 other Law Specialists are ready to help you
Expert:  Ben Jones replied 2 years ago.
Hello Stewart, could you please let me know if I have answered your original question or if you need me to clarify anything else for you in relation to this – this is needed so I can either keep the question open or close it if no further advice is required? Thank you
Customer: replied 2 years ago.
hi Ben

All done thanks ..

Have rated you excellent ... Many thanks
Expert:  Ben Jones replied 2 years ago.
Many thanks, all the best

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