Cancer survivor settles discrimination case for £40k

Siobhan Jacobs worked for catering company Yellow Door (Portadown) for more than 16 years

A cancer survivor has settled a disability discrimination case against her former employer for £40,000.

Siobhan Jacobs worked for catering company Yellow Door (Portadown) for more than 16 years.

Since 2016, she has had two cancer diagnoses and went back to work each time, but Mrs Jacobs said the firm did not fully support her.

The firms said it sincerely regretted the unintended procedural shortcomings which this case highlighted.

The case was supported by the Equality Commission for Northern Ireland and was part heard at a tribunal in August 2021 before being settled.

Mrs Jacobs, 42, from Portadown, said she was pleased it had been settled after "four stressful days in tribunal".

"I have two young children to support and all I ever wanted was to get back to a job I had been in for such a long time," she said.

"I was a dedicated and hardworking employee throughout my time with Yellow Door and I thought they would fully support me to get back to work after my treatment for cancer.

"I still find it hard to believe that after 16 years loyal service, it ended like this."

Hot desking

Mrs Jacobs joined Yellow Door in 2003 and was promoted to head of events in 2014.

In February 2016, she was diagnosed with cervical cancer and, after treatment, returned to work in September 2016.

A year later, Mrs Jacobs was diagnosed with lung cancer.

Following treatment, she returned to work on a phased part-time basis in February 2019.

The Equality Commission detailed the challenges faced by Mrs Jacobs:

• There was no return to work meeting or welfare meeting

• Mrs Jacobs had no access to basic equipment including a mobile phone and she had to "hot desk", which was only possible when colleagues were away from their desks

• She found she could no longer manage the 10 to 12-hour shifts, and provided a letter from her consultant who advised she should not work shifts longer than six hours

• There was no meeting to discuss the letter and she was advised long shifts were in her contract and she had to fulfil them

After refusing to work a long shift at an event, Mrs Jacobs was asked to attend an investigatory meeting under the disciplinary policy.

With the help of Macmillan Cancer Support, she wrote to her employer seeking reasonable adjustments to help her do her job.

However, the day after receiving this letter her employer sent a letter inviting her to a disciplinary hearing for major misconduct.

'Acquire a disability'

Mrs Jacobs then raised a grievance with her employer and her solicitor also wrote to her employer raising concerns about her treatment.

After the grievance procedure concluded, with only some of her grievances being partially upheld, Mrs Jacobs felt she had no choice but to resign. She then contacted the Equality Commission.

Geraldine McGahey, from the commission, said employers should have relevant policies and procedures in place to allow them to deal with requests for reasonable adjustments.

"Siobhan had faced a life-changing illness and despite the challenges, she wanted to work and make a positive contribution to her workplace," she said.

"Many people like Siobhan face ill-health and acquire a disability over the course of their working lives and the disability discrimination law protects them.

"By supporting employees like Siobhan, employers can give people the opportunity to continue to work and live a full life whilst living with a disability."

Simon Dougan, managing director of Yellow Door (Portadown) Ltd, said Mrs Jacobs had been a great asset to the team for many years and was highly respected by all staff.

"We sincerely regret the unintended procedural shortcomings which this case highlighted and the upset and distress caused to Siobhan as a result," he said.

"We are working with the Equality Commission to review our policies and procedures, and are fully committed to upholding our obligations and responsibilities in accordance with all aspects of employment law."