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Legal matters

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Original poster

Sacked for illness

9 replies

salsamummy · 23/03/2018 11:30

I have a lady in a Facebook group I run who has been diagnosed with breast cancer and her employer has said they are terminating her contract. Is it legal? and what can she do? it's National Rail. Obviously she could do without the stress.

OP posts:
italiancortado · 23/03/2018 11:37

More details?

How long has she worked there?

Why are they terminating her contract?

prh47bridge · 23/03/2018 12:17

The mention of terminating her contract suggests she is a contractor, not an employee. If that is the case she does not have employment rights. As long as National Rail have complied with any conditions in the contract regarding early termination they are in the clear.

If she is an employee the situation is a little different. However, if she is no longer able to do her job and it is not possible to make reasonable adjustments to allow her to continue they can legally dismiss her. If she has worked for them for less than two years they can legally dismiss her.

NameChangeDestroyer · 23/03/2018 12:25

The above post is not quite correct. Cancer is a disability under the Equality Act so if she has been dismissed because she has breast cancer, that is disability discrimination. If she is a 'worker' She doesn't need any qualifying service or be an employee to bring a claim for direct discrimination. She would however need to be an employee and employed for 2 years to bring a claim for unfair dismissal. I suggest she contacts AcAs/solicitors/Cab ASAP. Time limits are short

italiancortado · 23/03/2018 12:35

We need to know WHY OP

Original poster
salsamummy · 23/03/2018 12:38

I have a feeling she has only worked there for about a year. I will get more details.

OP posts:
Winterfellismyhome · 23/03/2018 12:47

She needs to contact the RMT

prh47bridge · 23/03/2018 15:40

The above post is not quite correct

Sorry. This is correct. If she was dismissed simply for having breast cancer she would be able to bring a claim even if she hasn't been there 2 years. However, if she was dismissed because she is unable to do her job and reasonable adjustments are not possible the employer is in the clear. And if she was dismissed for some other reason unconnected with her breast cancer that is legal.

However, given that the OP says her contract has been terminated, that suggests she is not an employee and therefore does not have any employment rights. If that is the case the RMT won't be able to help.

Original poster
salsamummy · 23/03/2018 16:12

Sorry she is an employee only since November 17.

OP posts:
PersianCatLady · 26/03/2018 21:53

The above post is not quite correct
Actually, it is correct.

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