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Disability

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  • Disability

    A friend had chemo in 2017 for 6 months and the employer made him redundant in 2018. The ET1 claim includes disability discrimination. The ET3 denies that he had/has a disability under the equality act. I thought that Cancer was?
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  • #2
    Under the Equality Act 2010, employees with cancer are protected from discrimination in the workplace, from the point of diagnosis and even after treatment and they have returned to work.
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    If you have any doubts then do please seek professional legal advice.


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    • #3
      Thanks, thats what I thought. I wonder why the employer would deny that the employee had a disability under the equality act in the ET3 when they had all the doctors notes and return to work from haemotology.

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      • #4
        I really am not sure unless, if they are a small employer, they did not understand that the disability continues after a return to work.
        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You canít always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



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        • #5
          update. The tribunal have spotted it and requested an explanation from the respondents.

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          • #6
            Thanks for the update. Will be interesting to see what they come back with.
            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You canít always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



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            • #7
              Further update - The employer was supposed to respond by 12th August 2019 to explain why they believe cancer does not fall as a dsiability under the equality act. The request was made by a judge.

              Could it be possible that a response is sitting at the tribunal without serving on the barrister? Still it would be a long time for the tribunal to sit on it.

              What if they simply do not respond?

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              • #8
                My suggestion would be to apply to the Tribunal but copy the Respondent to say state that as of today's date there has been no been no explanation as to why the diagnosis does not fall under the category of disability under the Equality Act as determined by the Judge which should have been forthcoming from the Respondent by 12 August.
                I do my best to provide good practical advice, however I do so without liability.
                If you have any doubts then do please seek professional legal advice.


                You canít always stop the waves but you can learn to surf.

                You are braver than you believe, smarter than you think and stronger than you seem.



                If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                Comment

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