Employers still discriminating against workers with cancer despite new legal protection

6 October 2006

Despite changes in the law aimed at protecting workers with cancer from unfair treatment, a survey by the Disability Rights Commission has revealed that employers are still showing women with breast cancer the door rather than making adjustments that could keep them in work.

Before the legal change, employers could dismiss workers with cancer or long-term health conditions because their condition did not affect their ability to carry out normal activities. However an amendment to the Disability Discrimination Act (DDA) 1995 meant that from December 2005 people with these conditions received legal protection from the point of diagnosis. 

But figures from the Disability Rights Commission’s (DRC’s) helpline show that since December 2005 the Commission has taken on average 2 calls a week from women with breast cancer complaining of unfair treatment at work.

In total, more than 70 women with breast cancer and 103 people with other forms of cancer have called the DRC Helpline complaining of problems with their employers.
 
Examples of the experiences that women with breast cancer have related to the DRC include:

·        a woman working for a major high street retailer dismissed because she was not able to give a date to return to work after her radiotherapy treatment finished;

·        a care assistant in a residential home wanting to return to work after having breast cancer but instead being asked to resign and subsequently receiving her P45 in the post;

·        a woman who worked for a security firm for 19 years being told she was a “bad investment” because she needed more time off for reconstructive surgery.

Among callers with other cancers, the overwhelming majority (82%) cited employers failing to make reasonable adjustments that would keep them in work. Nearly one in five callers reported having been dismissed.  A further 13% of callers complained of facing threats of dismissal and nearly 6% of callers were facing disciplinary action.

Under the DDA 1995 it is unlawful for employers to treat a disabled person or a person with a long- term health condition unfairly because of their disability. Employers are also required to make reasonable adjustments – such as providing additional support that is considered necessary to enable a disabled employee to carry out their work. For workers with cancer, reasonable adjustments may include flexible working, alterations to working hours and time off for medical treatment.

Commenting on the figures, Agnes Fletcher, Assistant Director of Communications at the DRC said:

“Despite changes in the law to protect people with cancer and long-term health conditions from unfair treatment at work, many employers still haven’t got the message.  Direct discrimination and failures to make adjustments is turning the world of work into a very hostile environment for workers with these disabilities.

“We cannot tolerate people with cancer and long-term health conditions being prevented from making their contribution to the workplace. There are many employers who are meeting their duties under the law and demonstrating good practice and many disabled people playing their part in successful organisations.”