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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?
Sorry it's an online service only...How long has she worked there for?
ok thanks let me get my response ready please
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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.
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
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