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6 October 2006 - DRC Figures Show Employers
Still Discriminating
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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
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