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Thompsons ERU

Thompsons ERU. North West Regional Women’s Committee Rights of Employees with Breast Cancer. 2006 survey carried out by CIPD, Cancerbackup and Working with Cancer. 1 in 5 employers did not know that cancer is covered by the Disability Discrimination Act (“DDA”).

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Thompsons ERU

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  1. Thompsons ERU North West Regional Women’s Committee Rights of Employees with Breast Cancer

  2. 2006 survey carried out by CIPD, Cancerbackup and Working with Cancer. 1 in 5 employers did not know that cancer is covered by the Disability Discrimination Act (“DDA”). 1 % of organisations did not have a specific policy for managing and supporting employees with cancer. 2008 Survey by Breast Cancer care showed that 68% of employees did not know about their rights under the DDA Introduction

  3. Disability discrimination Unfair dismissal Flexible working Time off for urgent family reasons Legal Rights

  4. Who is covered? Employees, Workers, Self Employed, Agency at point of diagnosis Past disability Following an operation to treat cancer Coleman -v- Attridge Law ET Case No. 2303745/2005 Perception discrimination It does not apply to those who have a genetic predisposition. Disability Discrimination

  5. 5 aspects: Direct; Disability-related; Duty to make reasonable adjustments Harassment; Victimisation. Types of Discrimination

  6. Direct – less favourable treatment becauseof disability. Disability-related – less favourable treatment for the reason related to their disability. Mayor and Burgesses of the London Borough of Lewisham -v- Malcolm [2008] UK HL 43. Direct and Disability-Related Discrimination

  7. Reasonable Adjustments • Applies where the employer knows or reasonably ought to know of the disabled person’s disability; • When and if to notify the employer; • Sensitive personal data under Data Protection Act 1998.

  8. Redeployment – Archibald –v- Fife Council [2004] IRLR 651 Creation of a new job –Southampton City College–v- Randall [2006] IRLR 18 Sitting an exam – Project Management Institute –v- Latif [2007] IRLR 579. 2006 survey flexible working, adjustments to work and return to work policies – three quarters Additional sick pay – less than half. Paid additional leave – just under a third. Examples of Reasonable Adjustments

  9. This will depend on: Effectiveness of the adjustment Suitability of carrying it out; Cost and financial resources; Size of employer; Access to Work available to help with costs What is “Reasonable”?

  10. 1 year – employees only. Capability = fair reason. Employer must act reasonably. Acas Code of Practice. Unfair Dismissal

  11. 28 weeks service – employees only. Right to request. Change in hours or working conditions. Strict procedures apply see flowchart. Right can be refused on business grounds. Flexible Working

  12. Applies to all employees where it is necessary : To provide assistance when a dependent falls ill, gives birth, is injured or assaulted; Make arrangements for the provision of care for a dependent who is ill or injured; As a result of the death of a dependent; As of unexpected or disruption or ending of arrangements for the care of a dependent; To deal with an incident involving a child at school. Urgent Family Reasons

  13. Employment Tribunal – 3 month time limit. Lodge a grievance and follow ACAS Code Employer has to follow ACAS Code in a dismissal/disciplinary Pre- Action Conciliation Mediation Using The Legal Rights

  14. Legislation provides minimum rights. The union can and does often negotiate better terms and conditions. Use Code of Practices, Guidance and Questionnaires Conclusion

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