Lancashire teacher wins £800k over cancer discrimination

Mrs J Healey, who was a qualified teacher, worked in the early years department

An early years specialist who was told to reapply for her job while being treated for cancer before being sacked has been awarded an £800,000 pay-out.

Mrs J Healey was absent from work for long periods due to her treatment during which a restructuring of her department was announced.

A tribunal heard the interview process by Lancashire County Council amounted to "unfavourable treatment".

The BBC has approached the council for comment.

The employment tribunal panel was told Mrs Healey, who first started working for the council in 1995, was diagnosed with cancer in November 2014.

"She was absent from work for the whole of 2015 when she endured operations and a strong course of chemotherapy," the employment tribunal heard.

"She returned to work in May 2016. Unfortunately, in 2017 it was discovered that the cancer had returned and the claimant required more treatment.

"The claimant was again absent due to sickness relating to cancer which continued until early 2019."

The tribunal hearing heard the council undertook a restructuring of its early years team in 2018.

"The claimant [was] unhappy with the outcome of this restructure as it affected her," the employment tribunal panel said in its ruling.

"She believes that she was treated unfairly and discriminated against."

'Unfairly dismissed'

Mrs Healey appealed against the decision and also raised grievances as she believed she was subjected to more discriminatory treatment throughout this time.

In April 2021, the claimant was given notice of dismissal having not accepted employment into the role identified for her in the restructure.

In the ruling, the employment tribunal panel found she had been unfairly dismissed and discriminated against.

It found the council breached the Equality Act by requiring Mrs Healey to apply and be interviewed - in competition with a colleague - for a role which was substantially the same as her own role and one she had carried out since 2012.

"That competitive interview process amounted to unfavourable treatment because of something arising from the claimant's disability," they added.

"That something was her long absence from work and treatment for cancer."

It also found the interview process put Mrs Healey at a disadvantage.

She was awarded compensation, which included a loss of earnings and pension, of £800,713.59.

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