History of Cancer: Pre employment Health Screening / Offer withdrawal???

miel64

Hi there,

I am hoping that one of you can help. Basically, I have been offered a new job at a very large company in London. It's a Business Consultancy role. They sent me the offer and the contract and my start date is confirmed for 18th February. However, as part of the pre-employment process they wanted me to complete an online health questionnaire with AXA that looks after their Occupational Health Services. As part of the questionnaire I had to declare that I had seen a specialist at hospital in the last 3 months so they asked me to call in and speak to someone on the phone. During my telephone conversation I was asked why I had seen a specialist and basically I had to tell them that I am currently being monitored at hospital by a heamatologist because in 2011 I had been diagnosed and treated for lymphoma. I explained that my lymphoma was stage 1 and that at the time I underwent surgery and then radiotherapy with curative intend. Since then, I have been doing well but I still need to go to my follow up appointments. The type of cancer that I had was very slow growing, and therefore asyptomatic (other than a swollen lymph node) and people can go on living for years with this condition without developing any symptoms and before treatment is initiated. At the moment, I am in remission and had been working full time since I finished my treatment without any problems. I was made redundant in August 2012 because my ex employer went into liquidation hence why I applied for new jobs. In the last year I only had 3 days of sickness which were not related to my condition, but rather due to a cold. At the same time in 2011 when I was diagnosed with the lymphoma I had a total of 10 days of sickness because I had the operation and needed time to recover. Even during my radiotherapy I was able to work normally, although my employer did make reasonable adjustments enabling me to work from home for the 12 days that I underwent treatment.
What I am trying to say is that sadly, I have to live with a condition which is it relapses it will have to be treated as a chronic illness, but at this stage I am fine and with stage 1 lymphoma I may have been cured by the radiotherapy and treatment that I had so far. I feel able to do the job that I have been offered (Business Consultant) and certainly have the qualifications and experience for it. My sickness record throughout my career has been very good and I have very good references from my ex employer. But I am worried that my new employer may withdraw the offer on medical grounds in case they feel that I will become a burden on them if I have a relapse, although even if I do have a relapse tomorrow the nature of this type of lymphoma is that it could be years before I need any more treatment or develop any symptoms. Currently, I am very active, exercise a lot and regularly and look forward to starting a new job. I am only 33 years old and it's not been easy having to accept a cancer diagnosis and to undergo treatment for it, but I am where I am and the last thing I would need is to have an offer withdrawn because of my medical history. Occupational Health will be arranging an appointment with a specialist to discuss my condition further and to possibly obtain medical records. My heamatologist at hospital is happy to provide a report indicating that I am currently fit to work but that I would need to be monitored long term because of the history. It's been a tough period for me the last could of years and quite frankly the last thing that I need is to have an offer withdrawn for a job that I really want and need (especially in this economic climate) because of my medical history. Do you feel that given the circumstances my employer could withdraw the offer because I may at some point in the future have a relapse and require treatment?

Grateful for any responses / thoughts and it's clearly a very distressing situation for me.

Thanks,
Miel64

whitewing

I personally think you will be fine. I know quite a few organisations that have had to make adjustments for people with cancer. I think it will all just be a question of making sure your specific needs (if any) are met.

This is my opinion, based solely on 'life experience'. I also think there are legalities anyway about not discriminating against cancer sufferers.

Mrs_Ryan

I'm in a similar situation - I'm 32 and had a hysterectomy for endometrial cancer in July last year. I too am being monitored long term and I'm just in the process of preparing to apply for uni. I know that they are not allowed to discriminate against those with a cancer diagnosis for five years after diagnosis - I too had Stage 1 Grade 1A I think and like you I think I've been pretty much 'cured' although it may re-appear. I'm fairly sure they will be fine with you - I had exactly the same worry but everyone I spoke to at the open day I went to said they have to consider my application on its merits and not just my medical history - same with you I think.
Good luck x

bluenoseam

They probably won't be phased by it, criminal that we have to second guess if an employer's going to be a jerk over a cancer diagnosis or not.

zzzLazyDaisy

You have protection under the Equality Act 2010. Cancer is one of the illnesses that is expressly included. The employer is required to make reasonable adjustments, which includes making allowance for attending medical appointments if they are during working time. It is also unlawful to discriminate against you by withdrawing the job offer on the grounds that you have (or have had) cancer.

The EA does not make you bullet proof - if it turns out that you cannot do your job to the standard required, even after reasonable adjustments have been made, then the employer would be entitled to take steps to terminate your employment, but would need to follow proper procedures to stay within the law.

miel64

Thank you all for the feedback. I am confident that my condition does not affect my ability to do the job. In fact my previous role was very similar to the one that I have been offered and my previous employers were very happy with my performance. So, I suppose it comes down to how occupational health will look at the situation once they set the appointment date. The only adjustments that I would need is time off to attend my hospital appointments every quarter until November 2013 and from then onwards every 6 months. On a daily basis, I don't need any more adjustments - at least not at this stage anyway.
I am also wondering whether Occupational Health will have to disclose details of my condition to my line manager?

Many thanks,

Miel64

Uncertain

miel64 wrote: »

I am also wondering whether Occupational Health will have to disclose details of my condition to my line manager?

Occupational health should provide the company with the minimum personal medical information that is necessary.

Basically they, as medical professionals, should assess the medical information and advise the company on how your condition may affect your work. Plus, as you have what is for employment law purposes a disability, what reasonable adjustments are necessary.

zzzLazyDaisy

There should be no reason for occupational health to have any direct discussions with your line manager about this - their contact would normally be with HR. The only exception to this would normally be if you handed the medical questionnaire to your line manager for forwarding to OHA, or otherwise had already raised the issue yourself, at interview, for example (but I'm guessing from your question that isn't the case).

miel64

I have received the appointment date from Occupational Health. It's for 13 February and they want to carry out an independent medical assessment which means they want to blood and urine tests. I only had a blood test at hospital 2 weeks ago as part of my follow up appointment. They state that the purpose of this assessment is to establish whether I am fit to undertake the job now and in the future. Does this mean that if down the line I have a relapse and may need chemotherapy or further treatment, I will be thought to be unfit to do the job? There are people / women with a specific geene which means that at some point in their life they are highly likely to develop breast or ovarian cancer....Where is this going? Does this mean that employers could turn us down for a job that they offered us already simply because we may need cancer treatment in the future?
Clearly, I will go through the process and I hear what you are saying - that it's so that they can make reasonable adjustments and to support us, but quite frankly when you are in my position, you can't help but feel that this is intrusive and not needed. When you have been through cancer you just want to get on with life and don't want to be stressing over a job offer being withdrawn just because you were sick in the past or may become ill again in the future.....What about people that smoke, or a obese and are likely to develop health problems in the future? Where do you draw the line really?

Miel64

DevilsAdvocate1

Not fair at all but this already happens with employers withdrawing job offers.

A friend of mine is partially deaf. She is supposed to wear a hearing aid, but due to teasing at school, does not wear one. She works as a lab technician and being partially deaf does not affect her doing her role.

Anyway, about 10 years ago she was accepted for a job and asked to undertake a medical. She of course failed the hearing test and the job offer was withdrawn.

zzzLazyDaisy

You are (understandably) over-thinking this.

This is almost certainly a standard letter and standard tests. Cancer or past cancer is a 'disability' for the purposes of protection under the EA 2010. The employer has a duty to consider whether - and if so what- reasonable adjustments might be necessary to enable you to do your job - for example extra time off for medical appointments, now and in the future. It does not mean that if you have a relapse or need treatment in the future you will automatically be deemed unfit to do your job, the issue would have to be assessed on the facts at that time, and bearing in mind any reasonable adjustments that may be appropriate.

The tests will probably be to check for a number of other things, for example diabetes or (possibly) even recreational drug use.

If they are in any doubt they will (or should if they wish to protect themselves) ask for a report from your hospital consultant.

I understand why this is a stressful time for you (not least because I have been on the 'wrong end' of these pre-employment tests in the days before the DDA/EA), but my advice is to keep breathing, go with it, and try not to think of the 'what ifs' unless they happen.

Dx