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Cancer and Disability and Discrimination Act
Amanda65
Posts: 2,076 Forumite
Hope someone can offer some advice or point us in the direction to get some.
My husband has been off of work for 10 months following treatment for a cancerous brain tumour. Having contacted his employer and advising he is fit for work, he was invited to a back to work interview when he was told that his job had changed and they would be keeping on the interim manager covering his role. He was invited to apply for the new job (given a 24 hour deadline) which he refused to do as it was fundamentally the same as the role he was doing before becoming ill and felt by applying he was accepting that the job has changed.
They have basically said they don't want him back in the business and offered his three months salary in lieu of notice plus another three months redundancy payment.
What should he be looking for as a compensation - it's not just salary it's his pension and private healthcare plus this has mentally been a major blow as one of his main focuses during his treatment was getting back to a job he loved.
He was a part of the senior management team, had a pension and private medical as benefits and had been in role for just under a year before being taken ill.
My husband has been off of work for 10 months following treatment for a cancerous brain tumour. Having contacted his employer and advising he is fit for work, he was invited to a back to work interview when he was told that his job had changed and they would be keeping on the interim manager covering his role. He was invited to apply for the new job (given a 24 hour deadline) which he refused to do as it was fundamentally the same as the role he was doing before becoming ill and felt by applying he was accepting that the job has changed.
They have basically said they don't want him back in the business and offered his three months salary in lieu of notice plus another three months redundancy payment.
What should he be looking for as a compensation - it's not just salary it's his pension and private healthcare plus this has mentally been a major blow as one of his main focuses during his treatment was getting back to a job he loved.
He was a part of the senior management team, had a pension and private medical as benefits and had been in role for just under a year before being taken ill.
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Comments
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Your husband's illness is automatically a disability for employment purposes. However all that entitles him to is "reasonable adjustments" to help him do his job (if indeed any are needed).
Sadly what it does not do is give him any protection against against being dismissed for a non disability related reason.
With less than two years service. like any other employee, he has no protection against unfair dismissal unless he could show that his disability is the reason for his dismissal. Is there any actual evidence of that?
If he is (happily) well enough to return to his normal job with no adjustments it may be difficult to argue that he is in fact being discriminated against.
He should take proper legal advice, certainly before agreeing to anything.
Sorry I am unable to be more positive.0 -
It also ensures he is not dismissed due to his disability which looks to be the case here.
Speak to a solicitor as soon as you can.0 -
Agree, speak to an employment solicitor ASAP.' <-- See that? It's called an apostrophe. It does not mean "hey, look out, here comes an S".0
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Your husband's illness is automatically a disability for employment purposes. However all that entitles him to is "reasonable adjustments" to help him do his job (if indeed any are needed).
That's not correct at all. It entitles him not be discriminated against because of his disability. It protects him against any form of discrimination - direct, inderect, harrassment or victimisation.
Failure to make reasonable adjustments is just one form of disability discrimination. Making someone redundant after they come back from disability related leave very likely to be considered another.
Agree with others that its time to speak to a solicitor.0 -
If he's in a union, he should speak to them first.Signature removed for peace of mind0
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Hope someone can offer some advice or point us in the direction to get some.
My husband has been off of work for 10 months following treatment for a cancerous brain tumour. Having contacted his employer and advising he is fit for work, he was invited to a back to work interview when he was told that his job had changed and they would be keeping on the interim manager covering his role. He was invited to apply for the new job (given a 24 hour deadline) which he refused to do as it was fundamentally the same as the role he was doing before becoming ill and felt by applying he was accepting that the job has changed.
They have basically said they don't want him back in the business and offered his three months salary in lieu of notice plus another three months redundancy payment.
What should he be looking for as a compensation - it's not just salary it's his pension and private healthcare plus this has mentally been a major blow as one of his main focuses during his treatment was getting back to a job he loved.
He was a part of the senior management team, had a pension and private medical as benefits and had been in role for just under a year before being taken ill.
Just checking I have understood the situation correctly.
Your husband has been employed for less than 2 years. Normally that would give him very little employment protection. He has been off sick for 10 months. He is being offered 6 months pay to leave.
On the face of it that is a very good deal. I'm guessing there is unused leave to add on to that, plus agreeing a good reference?
His condition does offer him some protection - many of the cancer charities offer employment advice, here's just one example.
https://www.macmillan.org.uk/information-and-support/organising/work-and-cancer/information-for-employees/your-rights.html?gclid=EAIaIQobChMI2-L4htXj4wIVR7TtCh0T_AfJEAAYASAAEgIzfvD_BwE&gclsrc=aw.ds
As others have said, taking legal advice would be a sensible thing to do. His union would be the natural starting place, alternatively your home insurance may include free legal advice or speak to CAB or try a free initial consultation. And whilst they may well advise your husband has a case, proving it and taking his employer to court or a tribunal will take time, money and mean lots of stress. And ultimately remains a gamble.
So, the real question your husband needs to ask himself is what does he want to do? Does he want to fight for extra compensation/ return to work at a company that appears not to want him? or negotiate an improved package whilst looking for a better employer?Originally Posted by shortcrust
"Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."0 -
That's not correct at all. It entitles him not be discriminated against because of his disability. It protects him against any form of discrimination - direct, inderect, harrassment or victimisation.
Failure to make reasonable adjustments is just one form of disability discrimination. Making someone redundant after they come back from disability related leave very likely to be considered another.
Agree with others that its time to speak to a solicitor.
I agree my first paragraph (the one you have quoted) could have been better worded.
However in my third paragraph I said....With less than two years service. like any other employee, he has no protection against unfair dismissal unless he could show that his disability is the reason for his dismissal. Is there any actual evidence of that?
Which I feel makes the situation perfectly clear.
So far, as I read it, the OP has not been dismissed and as we both have said now is the time to get proper legal advice.
I would imagine the advice will be to insist on returning to his original job and see what moves, if any, the employer makes.0 -
You should be more positive in future posts, because we are talking about real people here with real problems. Do you think that OP's husband wanted cancer? It is, at the least, underhanded and grossly insensitive from the employer (in the absence of more substantive reasons).
No of course not, what an appalling question to ask!
There is a balance between being "positive" and raising false hopes by only telling people what they want to hear, regardless of the true position.
Unless the company are totally naive I imagine they will have taken legal advice before meeting with the OP's husband. As I said before he needs to do the same.0 -
Maybe I'm misreading it but they haven't actually dismissed him, they've made him redundant. They also offered him the chance to apply for the role, which he refused. Your main argument will be if this was a real redundancy situation or not. How much had the role actually changed?
It is worth speaking to a solicitor though. However he needs to ask them what the likely reward would be should he win the case and what the solicitors costs will be. I agree with nicechap, even if he wins he might not actually come away with much (or any) more than they've already offered. I'd suggest that 6 months pay + a good reference is better than say 8 months pay + no reference + the stress of the court case, at a time he could probably do without it.
Personally in his shoes I'd speak to a solicitor, find out what such a payout could be and then make a decision. If it's not much more I'd probably push them for a couple of extra months pay, an agreed good reference and just call it quits.0 -
I would be speaking to a solicitor.
Their first offer is unlikely to be their best offer.0
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