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United Kingdom
1 – Legal protection for workers with disabilities, including oncological
conditions.
The 1995 Disability Discrimination Act classifies cancer as a disability. As a result,
people with cancer are protected from any form of discrimination arising from this
condition, such as mobbing, unequal treatment in terms of working conditions and so
on.
Furthermore, according to the law, employers have to provide workers with
reasonable accommodation in terms of working opportunities, trying to meet their
professional needs also after their recruitment (by changing their working time, by
granting sick leave for medical examinations, and by allowing them to opt for
teleworking).
Whenever an employee suffers discrimination or unfair dismissal, he/she must report
the matter to his/her superiors. In cases in which this is not enough, the employee can
file a formal complaint to be dealt with at company level (Grievance Committee). If
the employee is not satisfied, he/she can file a complaint to the Employment Tribunal
(by filling in an ad hoc form) within three months of the alleged violation. The local
Citizens Advice Bureau (CAB) can offer free legal advice.
The duration of leave of absence from work is established by the employer, according
to the specific company policy.
The Department for Work and Pensions (DWP) [www.dwp.gov.uk] provides
information on sickness benefits (Statutory Sick Pay -SSP).
2 – Specific Legal Protection for people with cancer
The Department of Health is currently discussing a five-year plan aimed at promoting
cancer prevention and treatment. In this regard, representatives of the coalition
known as ‘Cancer 52’ have been invited to contribute to the consultation. The name
‘Cancer 52’ refers to the fact they represent a group of people with rare oncological
diseases, that have killed more than 50% of people with this specific condition.
3 – Specific Legal Protection for women with breast cancer
Not available
- Administrative procedures related to the above-mentioned points (1,2,3)
Not available
- Bargaining
Not Available
- Case Law
Not Available
- National Best Practices
For people with cancer
In July 2007, on the basis of the 2003 European Commission directives on cancer
screening, the UK Cancer Research Institute launched a screening campaign
(Screening Matters Campaign) aimed at raising political and public awareness on the
issue. The United Kingdom was one of the first European countries to promote
national screening for bowel cancer, and the project was funded by charitable
institutions. Today, the initiative is well developed, and the next step is to involve
four British municipalities.
The goal of the body promoting the project is to screen at least three million people
over the next five years, to give everyone in the country the opportunity to be
screened, and to provide special screening programmes and qualified medical
personnel. The website is www.cancercampaigns.org.uk
The private TV network GMTV has also set up a hotline, in order to provide
information on colon cancer. In this three-minute TV programme, callers can talk to
the journalist Lynn Faulds Wood, an expert in symptomatology and the current
president of the European network of people with cancer, who herself had cancer 16
years ago. Department of Health provides also a special free phone number.
People Management, a company dealing with human resources, occupation and
business, has launched a campaign against cancer (Working through cancer), setting
up
an
exhaustive
section
on
the
issue
on
its
website
(http://www.peoplemanagemente.com.uk/pm/sections/news/campaigns/workingthrough-cancer.htm ). The partner of this campaign is Macmillan, and it also
involves researchers from the University of Manchester, the Welsh Assembly, the
Royal Bank of Scotland, Nationwide and Ford.
This example shows how the protection for people with disabilities might involve not
only the enterprise concerned, but other social actors as well. As for Macmillan,
(www.macmillan.org.uk/Get_Support/Find_information/Working_through_cancer/W
orking_through_cancer.aspx ), it is a leading organisation that supports people with
disabilities outside the enterprise. It aims at providing sick workers with a suitable
and pleasant working environment. Here are some examples of its activity: first line
managers are strongly supported in their activities and during their absence; the
working time and the working place are changed, according to the worker’s health;
in the case of absence from work due to medical treatment, the company provides
paid sick leave; a gradual return to work is provided for sick employees; the
colleagues who have recovered from cancer act as mentors; sick workers are
provided with external advice on the matter; a special information telephone line
(known as Cancer Line) has been set up; terminally ill workers are given careful
consideration; the Employee Assistance Programme provides specialist advice; there
are specific agreements in terms of sickness benefits, while good value medical and
life insurance is offered; in the case of recruitment and career advancement, a
determined effort is made to prevent discriminatory conduct; training and information
are provided to those who are indirectly affected by the disease (Macmillan
Management Guidance on Cancer in the Workplace and Cancer Guide) and the issue
is widely discussed.
- Materials provided by Macmillan on how to support sick worker’s families is
available at:
http://www.macmillan.org.uk/Documents/Support_Material/Get_support/Working_th
rough_cancer/Carers_Policy.pdf.
the BT (a leading telecommunication company) launched an information campaign
against cancer, after noticing that a number of employees fell ill with oncological
pathologies.
According to a survey carried out in the UK by the CIPD (Chartered Institute of
Personnel and Development), only a small percentage of employers have adopted
specific measures to deal with cases of cancer or serious disease, and to monitor such
cases in their own business.
For women with breast cancer
The above-mentioned screening campaign also involves breast cancer. In this regard,
The Breast Cancer Campaign (http://www.breastcancercampaign.org/), involves 62
UK scientists who provide a significant contribution to research. Furthermore, an
online bulletin on related parliamentary initiatives is published periodically.
The main campaign activities are:
- Science For Life
(http://www.breastcancercampaign.org/whatwedo/science_for_life/ ), that deals with
scientific and medical research;
- Getting Better care for people with breast cancer, an organisation that is part of the
Cancer Campaigning Group (http://www.cancercampaigninggroup.org.uh/ )
involving 40 voluntary organisations and charitable institutions. In Scotland, this
organisation also supports a national plan of action. See:
http://www.breastcancercampaign.org/whatwedo/better_care/ ;
- Breast screening; The Screening Matters Campaign has been launched to boost the
NHS Breast Screening Programme. See:
http://www.breastcancercampaign.org/whatwedo/breastscreening/
As regards this Programme, the social network Facebook has been involved,
allowing its users to make a small donation to the research (at least £1.50), and
providing those who contribute with a special sign (Pink Ribbon) on their personal
web page. Please consult:
http://www.breastcancercampaign.org/shop/facebook/
http://apps.facebook.com/breastcancercampaign/
Further information
England
Equality and Human Rights Commission Disability Helpline (England)
FREEPOST MID02164 Stratford upon Avon CV37 9BR
Email: [email protected]
Wales
Equality and Human Rights Commission Helpline Wales
FREEPOST RRLR-UEYB-UYZL 1st Floor Callaghan Square Cardiff CF10 5BT
Email: [email protected]
Scotland
Equality and Human Rights Commissions Helpline Scotland
Freepost RRLL-GYLB-UJTA The Optima Building 58 Robertson Street Glasgow G2
8DU
Email: [email protected]
Northern Ireland
Equality Commissions for Northern Ireland
Equality House 7-9 Shaftesbury Square Belfast BT2 7DP
Email: [email protected]
Statistics:
Analysis of the processed 2006 Eurostat data. Mortality for cancer (standardized data considering
1.000.000 cases)
UK
1995
2041
1996
2020
1997
1973
1998
1966
1999
1927
2000
1850
%
Variation
2001
1914
0,191%
0,006%
0,204%
0,202%
-0,002%
0,197%
-0,005%
0,197%
-0,001%
0,193%
-0,004%
2002
1901
0,190%
-0,001%
2003
1856
0,186%
-0,004%
2004
1838
0,184%
-0,002%
2005
1815
0,182%
-0,002%
2006
0,185%
-0,008%
2006 Eurostat data progress chart. Mortality for cancer (standardized data considering 1.000.000
cases)
UK
Cases on 1.000.000
2100
2000
1900
1800
1700
1995
1996
1997
1998
1999
2000
years
2001
2002
2003
2004
2005