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Breast cancer and your work rights

by Work Rights Expert, Rachel Lewis
continued from page 3
Disability discrimination
Those with a ‘disability’ are protected from discrimination by virtue of the Disability Discrimination Act 1995. Disability is defined as a physical or mental impairment, which has a ‘substantial and long-term’ (i.e. will last for at least 12 months) adverse effect on someone's ability to carry out normal day-to-day activities.

A condition like cancer may change and develop over time. The Act protects you as soon as your condition begins to have some effect on your ability to carry out normal, day-to-day activities: as long as your condition is likely in future to have a substantial effect on your ability to carry out such activities. It can be a shock to discover that you are legally 'disabled' on top of everything else - but in reality, it does offer you substantial protection.

If, according to the Act, it is found that you have been discriminated against – whether you are dismissed, treated unfavourably in terms of salary reduction, or see your job duties change – you will have rights against your employer.

The Act protects you from being treated less favourably than someone who does not suffer from breast cancer without justification for a reason connected with your ‘disability’. An employer also has a duty to make reasonable adjustments to working arrangements or premises if those arrangements put you at a substantial disadvantage.

If you do suffer any less favourable treatment, I'd suggest you take specific legal advice, either from a local solicitor, advice centre or Citizens’ Advice Bureau – or post a message on the Know Your Workplace Rights board.



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