Commons Sense

House of Commons · Westminster Hall

Employment Rights: Terminal Illness

18 December 2024 · 12 other contributors · 11,230 words

Opened by Lee Barron Lab Corby and East Northamptonshire

Responding minister: Justin Madders

Summarised by AI from the official record, so it can contain mistakes.

At a glance

Lee Barron raised concerns about employment rights: terminal illness in Westminster Hall. A government minister responded.

Key points

  • Lee Barron is concerned about the lack of legal protection for terminally ill workers who can face dismissal based on capability.
  • Barron calls for the Government to review the Equality Act 2010 and implement new legislation to protect employment for terminally ill workers.
  • The Minister acknowledges existing legal protections but notes gaps and emphasizes ongoing efforts to promote the Dying to Work charter.

Key requests to Government

Barron calls for the Government to review the Equality Act 2010 to ensure no gaps in rights for those with terminal illnesses, implement new legislation protecting employment during this period, and promote the Dying to Work charter more widely among employers and Government Departments.

How the debate unfolded

MPs spoke in turn to share their views and ask questions. Here's what each person said.

Opened the debate

Lee Barron Lab Corby and East Northamptonshire

Lee Barron is concerned about the lack of legal protection for terminally ill workers in the UK, who can still face dismissal based on capability. He highlights that while some employers have signed up to the Dying to Work charter protecting over 1.5 million working people, this practice is not universal and does not provide a legal guarantee against being sacked after receiving a terminal diagnosis. Barron cites personal stories of distress faced by terminally ill workers who worry about financial security and job loss alongside their medical challenges.

Other contributors (12)
  • Carla Lockhart DUP Upper Bann

    She commends the hon. Member for Corby and East Northamptonshire for raising this important issue and asks whether there should be workplace protection for parents of children with terminal diagnoses, as they often have to leave their work to care for their children.

  • Clive Jones Lib Dem Wokingham

    Mr. Clive Jones highlighted the inadequacy of statutory sick pay for people undergoing cancer treatment, noting that upwards of 30,000 individuals receive only £23 a day in income during their treatment. He cited increased financial burdens such as travel costs of nearly £700 extra per month and significant additional expenses on food, childcare, and energy. Jones also discussed the severe cost-of-living issues affecting cancer patients, including cases where people cut back on basic necessities due to financial strain. Furthermore, he addressed a critical issue concerning young cancer patients who may not meet eligibility criteria for certain benefits despite their confirmed diagnosis, leading to delays in accessing essential support.

  • Gareth Snell Lab Co-op Stoke-on-Trent Central

    He thanked his hon. Friend for the work done on the campaign across the midlands and the country, highlighting the volume of workers now protected as a testament to the hon. Friend's hard work. He asked whether the House of Commons, House of Lords, and Government Departments have signed up to the campaign and offered assistance in ensuring their participation.

  • Greg Smith Con Mid Buckinghamshire

    He praised Jacci Woodcock for founding the Dying to Work campaign and highlighted that only a third of UK organisations have specific provisions for those with terminal illnesses. He mentioned the financial worries faced by families, noting that 37% of cancer patients experience discrimination upon returning to work. Smith suggested improving information availability on diagnosis and encouraging employers to develop best practices and training for employees diagnosed with terminal illnesses.

  • Gregory Campbell DUP East Londonderry

    A number of employers might either not have a policy or simply be unaware, for some reason, of the need to be more empathetic with people who find themselves in such a horrendously difficult position. The debate can raise awareness and hopefully bring action from Government Departments and employers.

  • Ian Lavery Lab Blyth and Ashington

    He congratulated his hon. Friend on years of work on the issue, expressing concern about the six-month rule for determining terminal illness, which he found stressful as it forces individuals to seek confirmation from their doctor that they will not survive beyond six months. Ian Lavery discussed his personal experience with a family member diagnosed with terminal cancer. He argued that employers should not be able to dismiss employees on grounds of capability when they are terminally ill, advocating for this right to be enshrined in law. He also raised concerns about the stress caused by seeking proof from doctors that an employee will die within six months.

  • Jim Shannon DUP Strangford

    Mr. Shannon highlighted the need for government support and advocated for Marie Curie's work, citing their report on financial insecurity among those dying in poverty, noting that 111,000 people die in poverty each year with working-age individuals being at higher risk. He emphasized the importance of employment policies for terminal illness sufferers to ensure they can continue working without barriers and stressed the need for strengthened employment rights and improved welfare support.

  • Laurence Turner Lab Birmingham Northfield

    Mr. Turner thanked the midlands TUC and GMB for their work on championing rights for terminally ill workers, highlighting that there are weaknesses in the Equality Act 2010. He noted that while some terminally ill workers fall under the definition of disability, others do not, creating a need to revisit the Equality Act. Mr. Turner suggested bringing in regulations and updating guidance from the Equality and Human Rights Commission to clarify employer responsibilities towards terminally ill employees.

  • Lizzi Collinge Lab Morecambe and Lunesdale

    Mrs. Collinge highlighted the injustice of legal dismissals based on capability for individuals with terminal illnesses, emphasizing the importance of financial security and job stability during such times. She acknowledged the Dying to Work campaign's success but argued for mandatory protections rather than relying on voluntary charters due to disparities in employer responses. She cited local statistics indicating that over 25% of her constituency's workforce are employed in precarious industries like retail and hospitality, underscoring the need for robust job security measures.

  • Melanie Onn Lab Great Grimsby and Cleethorpes

    Melanie Onn highlighted the work of Richard Oliver from the GMB trade union, who introduced her to Jacci Woodcock's Dying to Work campaign. She noted that Jacci's efforts have improved working conditions for over 1.5 million people in difficult circumstances. In Great Grimsby and Cleethorpes, St Andrew's Hospice signed the Dying to Work charter, which provides reassurance and flexibility to its staff and patients.

  • Michelle Welsh Lab Sherwood Forest

    The MP thanked Lee Barron for securing the debate and highlighted Jacci Woodcock's campaign, which aimed to give terminally ill workers rights in the workplace. The MP expressed concern over the lack of support provided by employers to those diagnosed with terminal illnesses, advocating that workers should have the choice to continue working if they wish.

  • Warinder Juss Lab Wolverhampton West

    The MP declared an interest as a member of the Justice Committee and solicitor. She explained the 'Dying to Work' campaign's impact, noting that over 1.5 million workers have employers who have committed to the charter. The MP discussed how the Equality Act 2010 protects disabled employees, including those with terminal illnesses, from discrimination and requires reasonable adjustments to retain them in employment.

Government Response

Justin Madders

Conducted a comprehensive overview of existing protections for terminally ill employees under UK law, including the Equality Act and Employment Rights Act. Noted that most terminal illness cases are covered by these laws but acknowledged gaps. Emphasized ongoing efforts to promote the Dying to Work charter within government departments and encouraged further dialogue on legislative improvements. Provided details on Access to Work grants and other support mechanisms available for terminally ill employees.

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