Cancer Checkups - Time Off Work - Pay Rise Denied

2stixoftwixes

My friend's son (20 years old) works for a national pub chain
A few years ago he was diagnosed with cancer and although given the all-clear, he has to have regular checkups which means time off work.

The chain has just raised the hourly wage rates, but the son never received the increase due to the amount of time off he has taken due to the checkups and sickness in the last year.

I believe this is illegal and a clear case of discrimination, as I know that cancer is also classed as a disability.
Is there anyone who can confirm this

Brie

I've never heard of cancer specifically being classed as a disability.  I know that illness in general has to be treated carefully but there can be times when the impact of an illness will affect someone being perceived as having achieved enough to warrant payrises, bonuses, promotions.  It would all need to be carefully documented by the employer though.

Undervalued

Brie said:

I've never heard of cancer specifically being classed as a disability.  I know that illness in general has to be treated carefully but there can be times when the impact of an illness will affect someone being perceived as having achieved enough to warrant payrises, bonuses, promotions.  It would all need to be carefully documented by the employer though.

It is, for employment law purposes, as are certain other medical conditions.

However, the OP says he was "given the all-clear". Obviously that is great news but I wonder therefore if the employer could argue that he therefore doesn't have the condition so isn't disabled?

If he does still qualify as disabled (??) then he is entitled to "reasonable adjustments" which might include time off for routine medical appointments etc. However, arguing about what is "reasonable" has kept lawyers in fees for generations!

The OP says "I believe this is illegal and a clear case of discrimination". Maybe but I am not totally sure .

2stixoftwixes

Is Cancer in Remission Considered a Disability?

The protection extended to you by the Equality Act, does not end when your cancer is in remission. You are still considered to have a disability. Your rights will also be protected when you move to a new employer.

Therefore, an employer cannot discriminate against a person for a reason relating to them previously having cancer.

https://www.safeworkers.co.uk/health-wellbeing/cancer-your-rights-as-an-employee/

Undervalued

2stixoftwixes said:

Is Cancer in Remission Considered a Disability?

The protection extended to you by the Equality Act, does not end when your cancer is in remission. You are still considered to have a disability. Your rights will also be protected when you move to a new employer.

Therefore, an employer cannot discriminate against a person for a reason relating to them previously having cancer.

https://www.safeworkers.co.uk/health-wellbeing/cancer-your-rights-as-an-employee/

OK, thanks.

I assume the employer has been formally made aware of the situation?

It is not of course a total "get out of jail free" card if they have legitimate concerns about the quality of his work etc. He would need to show that any "discrimination" was due to the protected charchatistics. 

Emmia

2stixoftwixes said:

My friend's son (20 years old) works for a national pub chain
A few years ago he was diagnosed with cancer and although given the all-clear, he has to have regular checkups which means time off work.

The chain has just raised the hourly wage rates, but the son never received the increase due to the amount of time off he has taken due to the checkups and sickness in the last year.

I believe this is illegal and a clear case of discrimination, as I know that cancer is also classed as a disability.
Is there anyone who can confirm this

Aside from the checkups, how much sick leave has he had? Is the sick leave cancer related, or for other things?

Brie

What has been an issue with companies I've worked for is how frequent appointments may be and how much notice is given.  Some people fully engage with their manager so that appointments don't disrupt work.  Others do not. 

One chap I worked with would send his manager an email just prior to leaving work for the day to "remind" (first information) the manager that he had an appointment the following morning.  He considered it reminding as to him the manager should be aware that appointments would be needed at some point.  So he would know a week or 2 in advance but not actually give the date/time until the very last minute.   No surprise then that chap didn't get the same raise/bonus that others did.  I've had other colleagues who bent over backwards to be conscientious and asked for the time as holiday.  If a holiday wasn't possible the colleague would reschedule the appointment.

In part the issue will be how the company deals with medical appointments in general.  Do they need to be outside working hours and on the individual's own time or can the be in the middle of a shift and the person is paid for that time?    

TELLIT01

Your son does need to bear in mind that it is very easy for staff with less than 2 years employment with a company to be 'released' for almost any reason or none.  Although it may be illegal to discriminate due to the cancer diagnosis, there are many other reasons, legitimate or otherwise, which could be used.

If your son is on the National Minimum Wage, the employer cannot refuse to pay that increase.

Marcon

2stixoftwixes said:

My friend's son (20 years old) works for a national pub chain
A few years ago he was diagnosed with cancer and although given the all-clear, he has to have regular checkups which means time off work.

The chain has just raised the hourly wage rates, but the son never received the increase due to the amount of time off he has taken due to the checkups and sickness in the last year.

I believe this is illegal and a clear case of discrimination, as I know that cancer is also classed as a disability.
Is there anyone who can confirm this

How much sickness and for what cause, given he's been given the all clear (thank goodness) on cancer? Before steaming in with accusations that the chain is acting illegally, bear in mind that you may not know the whole story...20 year old sons of friends aren't necessarily going to be totally forthcoming with the chums of their mums!

LunaLater

2stixoftwixes said:

My friend's son (20 years old) works for a national pub chain
A few years ago he was diagnosed with cancer and although given the all-clear, he has to have regular checkups which means time off work.

The chain has just raised the hourly wage rates, but the son never received the increase due to the amount of time off he has taken due to the checkups and sickness in the last year.

I believe this is illegal and a clear case of discrimination, as I know that cancer is also classed as a disability.
Is there anyone who can confirm this

Has he been calling in sick for appointments?

I’m happy to be corrected if I am wrong, but I’d assume annual leave should be used for this. Could this be part of the issue?

2stixoftwixes

LunaLater said:

2stixoftwixes said:

My friend's son (20 years old) works for a national pub chain
A few years ago he was diagnosed with cancer and although given the all-clear, he has to have regular checkups which means time off work.

The chain has just raised the hourly wage rates, but the son never received the increase due to the amount of time off he has taken due to the checkups and sickness in the last year.

I believe this is illegal and a clear case of discrimination, as I know that cancer is also classed as a disability.
Is there anyone who can confirm this

Has he been calling in sick for appointments?

I don't know, I guess more details are needed.
He only works part time as he is in uni, but he's pretty disappointed that every one else (even the same age) is earning £1.50 an hour more than he is now for the same job