Figures from the Disability Rights Commission (DRC) show that employers are still discriminating against workers with long-term disabilities and cancer despite the Disability Discrimination Act (DDA) 1995 introduced in December 2005.
The amendment to the DDA 1995 was introduced to ensure that anyone having cancer, HIV or multiple sclerosis, from the point of diagnosis, would now be protected under legislation against discrimination by employers.
Prior to the DDA amendment in 2005, employers could dismiss workers with cancer or long-term health conditions, with the implication that their condition could affect their ability to carry out normal day to day work activities.
However, figures from the Disability Rights Commission’s (DRC’s) helpline show that discrimination against cancer sufferers still remains amongst some employers.
Since December 2005, the DRC on average have taken calls of unfair dismissal from cancer sufferers as follows:
- An average of 2 calls each week from women with breast cancer:
- Totalling more than 70 women with breast cancer complaining of unfair dismissal.
- 103 people with other forms of cancer have also called the DRC Helpline complaining of problems with their employers.
Some of the experiences of women discriminated against due to breast cancer include the following:
- 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.
The DRC helpline also received callers suffering from other types of cancers. These figures are as follows:
- 82% cited employers failing to make reasonable adjustments that would keep them in work.
- Almost one in five callers reported having been dismissed.
- 13% complained of facing threats of dismissal.
- Almost 6% were facing disciplinary action.
Under the DDA 1995, employers must comply by not treating a disabled person or a person with long-term health condition unfairly because of their disability. Employers are also required to make "reasonable adjustments" such as the following:
- Provide 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.
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.”
Further information on the DDA can be accessed from the DRC Website by clicking the following:
DDA and related statutes - The DRC
Article by Alexandra Johnston
