You are here

sacked for having CML

Please help. I am looking for advice with regards to discrimination at work. My partner was dx with cml feb 05 and quickly went into remmission soon after. He has remained stable for the last 4 years with no major problems and has continued to work. In april he was made redundant due to the closure of his department. He secured employment after two interviews at a diffrent company. During interviews he was never asked about his health, as he has always been honest about his cml, but he did noy volunteer the info. He started work on tues, and got on well with the job and co-workers. On wed he was asked to fill in medical forms/bank details etc. On returning the forms he explained about his cml, that it is stable and has never caused him any problems with work. However on thurs(today) his line manager called him into the office and told him that management were concerned about his condition. He explained again that he is in remission and cml has never caused any probs. A few hours later his line manager got back to him and told him he could not work there because of this and escorted him from the premisis. Is this legal??
Any advice would be very welcome as dont really know where to turn!

Hi Rebecca

I am so sorry to hear about your husband. It is tough enough to have CML without having problems at work.
I am pretty sure that the company is not allowed to behave like that. There are certainly laws about what you can and can't ask at an interview and what is reasonable in terms of health, time off for appointments etc.

Your first step is probably the Citizens Advice Bureau and then maybe a Solicitor.

I would certainly write to the company telling them that you are taking advice on the matter. Also, I suggest that you write down everything that was said to you with regards to health, both at the interview and today.

You can certainly get a letter from your haematologist stating how well controlled the CML is and how unlikely it is to cause any work problems.

Keep in touch, I am sure that you aren't the first person to face this problem.

best wishes

Susan

CML is covered under the disability at work act,so I would contact a solicitor that deals with work related matters.Or ring the Acas helpline 08457 47 47 47 decent free advice from the uk goverment best advice for employee and employer

Hi Rebecca,
First, just to introduce myself, I have a 15 year old with CML who had a bone marrow transplant last year and although I haven't posted for a while, I always keep an eye on this site which has been such a huge source of support over the years.
After reading your post I rang my brother, who is an employment law solicitor and specialises in disability issues. He said that from the info you give in your post, it certainly sounds as though your husband has been discriminated against and it is likely that you have a case. There may be a way to resolve things so that your husband is able to continue in the job if that is what he would like, although he may feel that he wouldn't want to work there after what has happened. My brother wanted me to pass on 3 points:
1) Take qualified advice as soon as possible as time limits apply and it is always best to act on good qualified advice.
2) Make detailed notes about what has been said and what has happened as quickly as possible, so you have as accurate a record as you can.
3) Check whether any of your insurance policies include civil claims insurance - your house policy or car policy might, or some credit cards include insurance. This would help with legal costs.

He would be very happy to talk it through with your husband on the phone(for free of course!) if your husband would like. If you email me I can let you have his phone number. My email is: kestrel.08'AT'btinternet.com. (I have put 'AT' instead of @ so that my email address doesn't get phished.)He would really love to help if he can so please do get in touch.

It's great that your husband is keeping so well! The last thing you both need is the worry of losing a job in what seems like such an insensitive and unnecessary way.

Thinking of you
Kestrel

Hi Rebecca,

Under the Disability Discrimination Act, it is unlawful for an employer to discriminate against a person because of their disability. Everyone with cancer is classed as disabled under the DDA and so is protected by this Act.

The DDA covers workers who were disabled in the past, even if they are no longer disabled.

Have a look at http://www.cancerbackup.org.uk/Resourcessupport/Practicalissues/Workcanc...

Phil Greenwood

Thank you all so much for your advice. Today Steve has been in touch with the equality and human rights commission, who have said that this type of behaviour is classified as direct discrimination against him due to his cml. They were very helpful and gave us some excellent advice on this matter that we will now follow up.

It is hard enough coping with illness without the ignorance of people who should know better.

I will keep you posted as to what happens.

Thanks again
Rebecca