Cancer Patient Joins DRC Campaign

An Arbroath woman, who lost her job as a result of contracting breast cancer, has joined the Disability Rights Commission in highlighting employers’ ignorance of new legislation. Cancer patients are facing discrimination and unfair dismissal at work, despite new legislation, the campaign group has said. Hazel Miller was working as a care assistant at a residential care home when she was diagnosed with breast cancer.

After treatment and a period of recovery, she wanted to go back to her job. But, on the morning she was due to start, her employers called and asked her to resign, saying they were worried about her welfare. She refused, but a few weeks later her P45 arrived in the post.

“I do think they were genuinely concerned for me, but it should have been my decision to go back to work or not,” said Mrs Miller this morning. If I had felt in myself that I was not able to cope, then I would have been able to go and tell my manager. I wasn’t given this opportunity, which I felt was very unfair.”

Mrs Miller took her case to an employment tribunal claiming the care home had breached the new law. Following an initial hearing her employers agreed to settle and compensate her.

“I’m happy the settlement came outwith the actual tribunal because I wouldn’t have liked to have gone through that as well,” she added.

The owners of the nursing home have admitted they made a mistake, but say they were genuinely concerned for Mrs Miller’s welfare at work and were unaware of the new law.

Mrs Miller has a new job at another nursing home and says she is getting on fine. She continued, “I think this legislation needs to be highlighted because a lot of people have experienced similar situations and that’s why I agree with the Disability Rights Commission.

“Some employers are probably unaware of the changes in the law and, hopefully, by publicising it, they will find out about it.”