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OCC-HEALTH  April 2007

OCC-HEALTH April 2007

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Subject:

Re: shift changes and cancer

From:

Peter Judge <[log in to unmask]>

Reply-To:

Occupational Health mailing list <[log in to unmask]>

Date:

Wed, 4 Apr 2007 10:45:52 +0100

Content-Type:

text/plain

Parts/Attachments:

Parts/Attachments

text/plain (138 lines)

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


~~~~~~~~~~~~~~~
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For list archives and documents, go to
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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/

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