Legal Advice for Alex Regarding Employee James's Cancer Suspicion

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LAW ASSIGNMENT

Table of contents
Introduction......................................................................................................................................3
Main body........................................................................................................................................3
Conclusion.....................................................................................................................................10
Reference list.................................................................................................................................11

To Alex
Owner of manufacturing shirts
Subject: Legal Advice in Case of James, Suspected as a Cancer Patient
Introduction
Business in the modern segments is governed by the incorporation of multiple legislations in
domains of working rights, wages rights and equality rights. The aim of this report lies in
providing a legal advice to Alex related to his employee James and his employment. The legal
advice would be mostly associated with the Equality Act of 2010 that combines over 116 pieces
of legislative framework. The reason of existence of the act includes the protection of individual
rights coupled with the advanced equality of opportunity for all employees. The act is a
characterized by a merging of nine separate legislations. Some of the same includes the Equal
Pay Act of 1970, the Disability Discrimination Act of 1995, the Equality Act of 2006 part 2
and others (Equalityhumanrights.com, 2019).
Some of the main protected characteristics associated with the act includes the disability, civil
partnership, gender, age, employment terms that would be relevant to this letter. The act protects
the disability of an individual by prohibiting any discrimination of any sort to the individual by
an employer or service provider. Additionally this includes automatic disability treatment like in
the case of cancer that needs to be removed prior to becoming cancer (Citizensadvice.org.uk,
2019).
Main body
Relevant statutes and sections
In the segment of the condition of James, the Equality Act of 2010 would come into force
initially. This would be because; the James has been suffering from unknown sickness from the
past four weeks. Hence, this has affected the daily activities of the individual in multiple
domains. Additionally, his official duties under Alex is being regularly hampered, it is a case of
substantial impairment. Under the equality act and under section 6(1), cancer is taken as a
progressive form of condition. As a result, James will come under the segment of disabled
person in the event that the doctor medically proves cancer. However, since the cause of sickness
is clearly not defined, the incorporation of the equality act could be incorporated only post
medical confirmation of the disabled condition. Hence, it could be mentioned that post the

explicit section of the equality act would be incorporated for James post the identification of the
actual cause of his sickness over the last four weeks.
Additionally, the employment law of 2002 could be taken into consideration for the case of
James. According the employment act coupled with the equality act of 2010, a person is
automatically considered disabled in the event that he or she is diagnosed with cancer. However,
since in the case of James, cancer is suspected and not medically proven, he cannot be labelled as
an individual with substantial disability (Legislation.gov.uk, 2019). Hence, in this case, multiple
provisions the employment act will be applicable. First as the case of suspected cases of cancer,
Alex might face sections regarding the discrimination at work. This would be because, James
rights in this case includes equal pay as per the organizational payment policies as well the
minimum wages acts. However, in the segment of payment of regular salaries, this would depend
on the employment contract inked between the employer as well as the employee (Straume et al.,
2018). However, the legal validity of the contract would have to be ascertained as the potential
victim has been working for the organization for many years. Additionally, the validity of the
contract paper would be taken into consideration in the event the contract is inked on stamp
paper or in plain paper (Uk.practicallaw.thomsonreuters.com, 2019).
Additionally, since the potential victim essentially is sick for four weeks at a stretch the, health
and safety and work act of 1974 would be taken into consideration. This would be because,
since the organization is involved in the production of shirts, it is possible that microscopic
cotton fabric will have lead to the condition of James. Hence safety and health at work would be
incorporated post the medical identification of the cause of sickness of James. According to
section 2(1) of the act, the employer cannot discriminate towards an individual in the event that
the employer is responsible for health deterioration of the employee (Legislation.gov.uk, 2019).
Additionally, Alex would have to provide compensatory benefits to the employee in the event
that the cause of sickness is found to be from the manufacturing plant.
Relevant case examples
In the case of Smailes v Clewer Court Residents Ltd in January 2019, attributes includes the
analysis of Ehlers-Danlos syndrome and rights in a rented property.
Case background: Mrs Smailes essentially had Ehlers-Danlos syndrome that restricted her
mobility in multiple cases. Her requirements included alterations to the rented property like

moving of the kitchen as well as the bedroom (Equalityhumanrights.com, 2019). The limitations
of the lease included a no alteration cause. This compelled the couple to shift their place of stay
to align their requirements.
Litigation: Post moving out of the house, the couple invoked a disability discrimination case
against the property owner that had refused them any alterations. The prosecution argued the
legal validity of the mentioned clause in the event of disabled tenants.
Judgement: The honourable court ruled in the favour the prosecution coupled with founding of
harassment against the victim during meetings.
Relevance to mentioned scenario: Since the basis of discrimination was disability, it is possible
that such ruling could be against Alex as well in the event James brings any discrimination
litigation.
In the case of the Smith v Pimlico Plumbers in June 2018, the major attributes included the
heart attack as a cause of discrimination.
Case background: Mr. Smith worked for the above-mentioned organization for over six years
from 2005 to 2011. During this period, he abstained from undertaking work for any other
organization or conduct freelance services. The victim had a heart attack in 2010. Post the victim
requested this adjustment in this work description. However, that was rejected.
Litigation: The victim brought a disability discrimination against the organization. The defence
argued that contract with the victim was in a business-to-business definition and would be
outside the quality act of 2010.
Judgement: The honourable court however ruled in favour the prosecution by forwarding the
same to the tribunal (Supremecourt.uk, 2019).
Relevance to mentioned scenario: Since, the judge ascertained incorporation of equality act of
2010; such is possible in the mentioned scenario.

James rights
In the opinion of ACAS, when an individual treats another person in a different manner due to
his/her disability, it can be considered as the disability discrimination. Discrimination is occurred
in different situations such as working with a disabled person or self discrimination. In this
context, people, who know their disability in a specific genre, do not want to communicate in
workplace freely (macmillan.org.uk, 2019).
On the basis of Macmillan Cancer Report, Equality Act 2010 supports the people, suffering from
cancer, and they need to receive fair treatment in the workplace. In this context, employees,
suffering from cancer or suspecting as a cancer patient, need to receive support and organisation
should offer flexible work schedule to the specific employee so that he/she can complete their
work properly.
On the other hand, Macmillan’s report indicates that Equality Act and DDA are able to cover all
parts about the rights of employee, who is suffering from cancer. Therefore, in case of James, he
has also the rights to continue his job during cancer treatment. Equality Act 2010 provides
various perceptions such as promotional opportunity, recruitment, training and employment
related terms and conditions. Though James is suspected as a cancer patient, he would be able to
get all these facilities even after its confirmed diagnosis.
As commented by Stergiou-Kita et al. (2016), cancer patient suffers from discrimination even
after completing the treatment procedure. Therefore, workplace discrimination related protection
needs to be provided to the victim for avoiding any kind of discrimination related issue in the
venture. In order to maintain equality, organisation should not behave differently with the cancer
patients. It helps to make them feel that they are not different in the venture. Using this concept,
it can be stated that James should receive a flexible workplace atmosphere for working in the
better way. The case of NHS Business Service Authority v Waddingham also supports the
previous concept in an appropriate manner. In this context, employer had to provide fine as
he/she was not able to provide flexibility to employee, suffering from a crucial disease
(menzieslaw.co.uk, 2019). It detects that James has the similar right in the venture of Alex.
Macmillan report also highlights two concepts and as a cancer patient, James needs to have idea
in those aspects such as discrimination and reasonable adjustment. Equality Law highlights that
problems of paid employees are needed to analyse by the employer, if they suffer from a crucial
disease. Employer should offer the reasonable changes to the patient so that he/she can work

properly. On the other hand, employee also deserves a discrimination free workplace so that it
cannot affect mental stability. As James is suspected as a cancer patient, he should receive
above-mentioned rights from the workplace.
Alex’s responsibility
As per the concept of ACAS, employers of an organisation need to ensure that discrimination
related issue is not exist in the venture. This issue can reduce the organisational position in the
market. ACAS report also describes that few contracts are there, which need to be followed in
various situation by the employers. Using this contract, employers are able to handle the various
situations in an effective manner. If they do not understand the way of handling the present
situation of an employee, ACAS helps to get best idea related to solution. It also makes the
process of decision-making easy and employee, suffering from a crucial disease, feels satisfied
working in the venture.
In case of James, as he is suspected as a cancer patient, Alex, employer of James, has few
responsibilities. Equality Act 2010 supports this concept.
In this case, the important aspect is the reasonable adjustment. As per the Equality Act, stable
employee, suffering from cancer, needs to receive complete support from the employer so that
he/she can recover as early as possible. It helps to reduce the mental headache of the patients. In
addition to this, reasonable adjustment is beneficial for both: employers and employees. In case
of Alex and James, Alex should assure him that no monetary issue will be raised. Flexible
schedule will be offered to James maintaining the employability law (macmillan.org.uk, 2019).
Thus, following proper adjustment, employability related issue can be mitigated as early as
possible.
Employer should ensure that the specific employee would not face any kind of discrimination
related issue such as disability discrimination in the workplace. According to Equality Act
2010, if employer is not able to avoid discrimination related issue in workplace environment, it
would be considered as the violation of the act. It can raise legal issue against them in context of
UK. In case of James, Alex should ensure that healthy environment would be maintained in the
workplace. In addition to this, he should also ensure that James would not face any kind of
discrimination related issue in the workplace. Alex and other employees would treat him as a
normal person. These activities will be able to avoid disability discrimination issue in the
workplace of Alex.

Reasonable steps needs to be introduced in the workplace for avoiding any kind of disability
discrimination related issue. In the organisation, if employer announces monetary punishment for
mitigating discrimination related issue, it would be the proper step. In addition this, employer
can also sue the case against the employee, who discriminates the workers in the venture. In case
of James, as he is a hardworking employee, it is the responsibility of Alex to maintain his
reputation in organisation. Therefore, above-mentioned activities can be introduced in the
venture of Alex for avoiding the workplace harassment related issue in an appropriate manner.
As an employer, Alex must follow few policy and practice that ensure mental and physical
stability will be provided to the employee, suffering from crucial disease. In case of James, Alex
should instruct to all employees for maintaining equality concept so that disabled person James
feels free and enjoys in time of working in the venture.
ACAS report highlights that recruiters and managers should understand the legal aspects
related to disability discrimination. It helps them to take efficient step immediately if any kind
workplace discrimination related issue is occurred in the venture. In case of Alex, he should
analyse the Equality Act 2010 and its part of disability discrimination. It helps him to offer
suitable adjustment to James in an appropriate manner. Thus, both employer and employees get
benefits. It is not only the duty of Alex to support the most trusted employee of the venture; but
also, he needs to maintain the way for increasing organisational reputation in the market.
Therefore, flexible time schedule can be offered to James as he can work properly. Thus, Alex
would be able to maintain organisational reputation in the contemporary market.
Based on ACAS report, employer has the capability of dismissing the employee. In case of
Alex, he can also dismiss James from the venture. However, huge issue can be occurred if Alex
dismissed James. It is known that James is a trusted and hardworking employee of the venture.
Therefore, dismissal of James cannot be well for the organisation as well as for Alex.
In case of recruiters of venture, they need to analyse the reason of absence of the employees
before deducting money. Many a times, it is noticed that employees do absent for avoiding work
pressure. However, other employees are also there, who absent for genuine reason such as severe
illness. In case of James, as he is suspected as a cancer patient, Alex should consider his leave. It
helps to maintain the organisational reputation in the contemporary competitive market.
Confidentiality of the disabled person needs to be maintained in the venture. The employer
should keep the employees information secret, as it is the rule of the venture. In case of Alex, he

should maintain confidentiality about the case details of James for maintaining his reputation in
the venture in an appropriate manner.
For taking any kind of exceptional decision, the organisation should analyse the legal aspect in
an efficient manner. In case of Alex, he tries to take any exceptional decision, he should analyse
the legal concept according the physical status of James.
Macmillan report describes that moral support needs to be received by the employee, who is
diagnosed as a cancer patient. Maintaining the rules of Equality Act 2010, moral support should
be provided to James by Alex.

Conclusion
In order to draw the end line of study, it can be deduced that Equality Act 2010 of UK is very
strong as it helps to take proper step for avoiding discrimination related issue in the workplace.
In case of Alex, he should maintain equality in the workplace for supporting James. Legal norms
and mentioned case studies are able to show that Alex needs to give work time flexibility to
James so that he can work in the proper manner. ACAS report is also analysed properly in order
to understand disability discrimination related rules in an appropriate manner. In addition to this,
following Equality Act 2010, James’s rights are also discussed thoroughly in this paper. It is also
suggested that Alex should provide discrimination free workplace to James for getting benefit in
his business.

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