Member reinstated following disability claim for cancer

Roger Hancock has worked for the Ministry of Defence for more than 40 years. In 2008 he was diagnosed as having an extremely debilitating and recurring form of cancer, which has greatly impaired his mobility. Roger has mostly worked from home since then and during this time had been promoted and awarded special bonuses.

Roger was off work from October 2015 while having further treatment. He was certified by his doctor as fit to return in April 2016. He returned to work, but a week and a half later his line manager told him he should not be working and his fit note was rejected. The MOD’s occupational health service then declared he was not fit to work. Roger continued to challenge this as he was keen to return, but his managers refused to allow him back to work.

His sick pay ran out by September 2016. A further occupational health review in November supported Roger’s request for part-time hours and working from home and advised he could return to work with these adjustments. But still management refused.

Prospect submitted a claim of unlawful disability discrimination to the employment tribunal on Roger’s behalf, claiming a failure to make reasonable adjustments and for full reinstatement of pay. Disappointingly, the MOD failed to engage with the conciliation process through ACAS.

The employer continued capability proceedings against Roger due to the prolonged absence from work and dismissed him in March 2017.

Prospect prepared a further claim to the tribunal.

‘Once again union membership has secured a positive outcome’

Roger
 had been
 supported
 by his local union representative, Mark Reynolds, throughout. Mark represented him at the appeal hearing. The decision to dismiss was overturned and Roger was offered a new job, which he was happy to accept.

Mark said: “Once again union membership has secured a positive outcome.”

Roger has since been paid the full arrears of pay and outstanding holiday pay, and has also been re-entered in the pension scheme with continuous service. The tribunal claim was finally settled in September for additional compensation.

Roger said: “I am extremely pleased with the final outcome. Without the significant help provided by Prospect, particularly from Mark and from Marion Scovell in the legal team, I do not think this result would have occurred.

“I have been a union member throughout my working life, though I didn’t expect to need their services, but this case just goes to show that you can never tell when you will need their help,” continued Roger. “After a process that went on for more than a year I can now try to relax and put it all behind me.”