Greta
I agree, the Law surrounding cancer and the DDA is very clear on this point, the accomodation from
the employers perspective would have to stand up to an ET's acceptance of reasonable from an
adjustment perspective.
Take care
Pete
Pete Judge
Occupational Health Adviser
Cardiff University
Heath Park Campus
4th Floor Denbigh House
UHW
02920 748955
>>> Greta Thornbory <[log in to unmask]> 04/04/2007 10:39 >>>
Whilst I agree with Peter's reply below I would also urge caution. Reading the last paragraph in
the article in this April's issue of Occupational Health 'Coping with cancer' (page 18-20) Goldman
and Lewis state 'The law takes the stance that once afflicted by cancer the employee has the right
to be treated as if at permanent risk' etc. This indicates to me that to disregard the GPs request
could end up with a case under the DDA. It is of-course up to the management, but they would be
expected to have considered 'reasonable adjustments' if this were to get to court.
Cheers, Greta
Greta Thornbory
Consultant, Occupational Health & Education
Consultant Editor, OH Journal
www.gtenterprises-uk.com
Tel: 01235 770156
Mob: 07778 518 027
----- Original Message -----
From: Peter Judge
To: [log in to unmask]
Sent: Wednesday, April 04, 2007 8:56 AM
Subject: Re: [OCC-HEALTH] shift changes and cancer
Jacqui
The little evidence that is out there on stress and cancer says that cancer cannot be caused by
stress and that it is unlikely that it can cause a previous remission to reactivate. There is
evidence however to say that stress does have an effect on a persons quality of life and this may
be
the driving factor here. If you take this string further then removing this man from his family
at
weekends when there is maximum amount of family time then this would significantly affect his
quality of life. Although I am assuming he will still get 2 days off to spend with his family
just
not at the weekend.
This is not really his employers responsibility as they can with consultation change his
contractual working requirements as the business evolves, as seems the case here. The straight
forward answer here is if he does not like the new shift pattern and his employer cannot
accomodate
his wishes to remain on his previous pattern then he may well have to seek employment elsewhere.
As
for his GP that is an opinion, which I would argue is biased in his patients favour and I would
not
waste money or time asking the GP to clarify his opinion.
You can simply present to Human Resources/line management your own opinion after reviewing the
man
and state that you do not agree with his GP's view, thus leaving HR and line management to do
their
jobs.
The link below shows BACUP's view on stress causing cancer of any type.
www.cancerbackup.org.uk/QAs/597
Hope this helps
Cheers
Pete
Pete Judge
Occupational Health Adviser
Cardiff University
Heath Park Campus
4th Floor Denbigh House
UHW
02920 748955
>>> Jacqui Livock <[log in to unmask]> 03/04/2007 19:32 >>>
Hi
the distribution staff are undergoing major shift pattern changes over the
next few weeks as changes in business processes mean the business is going
to be more efficient and stock will be leaving the warehouses 7 days per
week.
a group of staff have always been employed on "5 of 7" contracts which
have traditionally been mon-fri and now the company want them to work
weekends.
as part of one young chaps consultation he has submitted a letter from his
doctor saying he has been previously treated for skin cancer and is in
remission and working on a weekend will significantly increase the risk of
his cancer recurring due to stress of not being with his family on a
weekend.
your opinions please (i know the DDA applies!)
i am on a time frame of 1 week too!
jacqui
~~~~~~~~~~~~~~~
Please remove this footer before replying.
For list archives and documents, go to
http://www.jiscmail.ac.uk/lists/occ-health.html
FORTHCOMING CONFERENCES AND EVENTS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
For Occupational Health jobs, go to http://OHJobs.drmaze.net
Find out about Occupational Health Nursing Education in UK at
http://home.wlv.ac.uk/~in6232/aohne/
~~~~~~~~~~~~~~~
Please remove this footer before replying.
For list archives and documents, go to
http://www.jiscmail.ac.uk/lists/occ-health.html
FORTHCOMING CONFERENCES AND EVENTS:
http://www.jiscmail.ac.uk/cgi-bin/filearea.cgi?LMGT1=OCC-HEALTH
For Occupational Health jobs, go to http://OHJobs.drmaze.net
Find out about Occupational Health Nursing Education in UK at
http://home.wlv.ac.uk/~in6232/aohne/
|