Occupational Health review mentioned disability - what does it mean?

Hi everyone

I had right mastectomy in 2016 and just had symmetry op on left side. I had 6 weeks off work and returned on a phased basis to normal hours next week. I had an ot telephone review on Wednesday and just had the report. It says under fitness for work - in my option the nature and duration of Ms C’s medical conditions and secondary functional problems are such that they are likely to be deemed to have a disability as defined in the Equality Act 2010 but I must add that decisions about this rest with an adjudicating body such as a Court or Employment Tribunal. 

It goes on to say I’m currently fit to return to work but my question is - would this help me if I find work difficult in the future? I’ve just carried on & gone back to normal (whatever normal is!)


Hi Guzzy,

I was also interested to find out about the Equalities Act from my OH appointment.

I was told that having a cancer diagnosis means that we are covered by the Act & that it remains relevant for work in the future, so that it would apply if any further work issues arose.

ann x

Hi Guzzy, it does protect you from any unfair treatment which may be construed to be because of your cancer diagnosis ie you cannot be selected for redundancy because of your cancer, your condition should be taken into consideration if they ever had to discipline you because of absence from work (which is because of treatment or screening etc)

If you feel that you were unable to answer the questions properly because it was at telephone interview I think you have a good case to ask for a face to face meeting or to have the call booked at a convenient time when you can use a private room. They should give you the opportunity to approve the report before it is shared with your employer.

Hoperhaps that helps - in a similar position myself at the moment. X