Employment Law & Illness

fishybusiness

Not to put too finer point on it, I have a long term illness, and at the moment I am in remission. I have a type of cancer that is treatable but it does come back. So I was treated last year, I am still an HE student and finish next May.

Off I go into work.......don't I?

Seriuosly though, If I manage to get a job, do I have to tell an employer I have an illness that is going to come back?

I worry about it as it will, and I will need probably 9 months or so part time and off work for more treatment, and any employer will pick up the sick pay tab for that, doesn't seem fair on them, but I want to go to work.

Could I be sacked if I witheld medical information? I am ok telling an employer what is wrong with me, but I think it would harm my employment chances.

Anyone know the law, or maybe have been in a similar situation?

jobbingmusician

I know BITS of the law. You can be sacked if you lie on your application form - and careful employers will ask. However, if you are a student and thus don't have an employment history blighted by sickness, they may not ask the right questions.

Another bit of the law states that you can't be discriminated against, because cancer is now covered by the Disability Discrimination Act. However, if your illness is apparent from the app form, I believe you are unlikely to be shortlisted and will have difficulties proving discrimination.

Once you have a job, you can be dismissed on grounds of incapacity if you have prolonged periods of sickness. Employers don't have to pick up a tab, by the way. They are not obliged to offer their employees sick pay (but I think the rule has to be the same for all employees - they can't discriminate against people with a disability).

Sorry for the bad news

Uncertain

jobbingmusician wrote: »

I know BITS of the law. You can be sacked if you lie on your application form - and careful employers will ask. However, if you are a student and thus don't have an employment history blighted by sickness, they may not ask the right questions.

Another bit of the law states that you can't be discriminated against, because cancer is now covered by the Disability Discrimination Act. However, if your illness is apparent from the app form, I believe you are unlikely to be shortlisted and will have difficulties proving discrimination.

Once you have a job, you can be dismissed on grounds of incapacity if you have prolonged periods of sickness. Employers don't have to pick up a tab, by the way. They are not obliged to offer their employees sick pay (but I think the rule has to be the same for all employees - they can't discriminate against people with a disability).

Sorry for the bad news

Sorry, but unusually for jobbingmusician some of this is wrong.

An employer is no longer allowed to ask health questions on a application form in most cases. They can only ask these questions AFTER a job offer is made. The offer could be subject to passing a medical but the medical couldn't discriminate agains somebody who's past medical history counts as a disability.

Cancer is automatically a disability for employment purposes so this give some degree of protection against discrimination and requires the employer to make reasonable adjustments.

Although discriminating against somebody with a disability for sick pay purposes would be unlawful they are free to offer different levels of sick pay on other grounds. How easy this would be to prove would depend on the type of employer and whether they have more than one person in identical roles.

The OP may find this recent thread interesting.......

https://forums.moneysavingexpert.com/discussion/4219241

jobbingmusician

Very, very happy to be proved wrong. Thank you (and apologies to the OP for being out of date)

fishybusiness

Thankyou both for your information. I've got it in perspective now, and I didn't know about cancer being a disability with respect to employment law.

I've picked up some voluntary work with the local Youth Offending Service, they know my medical history and I'm hoping that at some point when I have finished uni, they may want to employ me