Employment Rights: Terminal Illness

Gareth Snell Excerpts

Wednesday 18th December 2024 Westminster Hall

[Lee Barron (Corby and East Northamptonshire) (Lab)]

I beg to move,

That this House has considered the employment rights of people with a terminal illness.

It is a pleasure to serve under your chairmanship, Sir Edward.

For some time, the fundamental ask of this campaign has been the right of working people who have been diagnosed with a terminal illness not to face the sack. We have spoken a lot about terminal illness over the last few weeks in this place, and I do not want us to lose momentum. We now know the legal definition of a terminal diagnosis; it is life expectancy not foreseen beyond a six-month period. Our campaign aims to protect that period of employment. We protect the period of employment at the start of life—an employer cannot sack a pregnant worker. What we are saying is that they should not be able to sack a worker who has received a terminal diagnosis.

I want to declare an interest: before I got elected, I was the midlands regional secretary for the Trades Union Congress, and one of the campaigns I worked on was called the Dying to Work campaign. The campaign was about people with a terminal illness in the world of work. We found that some employers would dismiss a worker with a terminal illness based on the grounds of capability—the bulk of employers would not dream of doing so—and we wanted to protect workers during that period, so we developed a voluntary charter that employers could sign up to that would protect workers from being dismissed because of their condition and protect their freedom to choose whether to keep working, reduce their hours or step away all together.

We put the choice into the hands of the individual. The only time that that choice is taken away from the individual is if an employer wants to take that choice for them by dismissing them from work due to their diagnosis. The charter protects employees’ benefits, such as death in service payments, protects workers’ access to a supportive and understanding workplace, and gives terminally ill workers the freedom to make the choices that are right for them without the extra stress and worry. We launched that charter in 2016, and it now protects over 1.5 million working people in this country, because employers have signed up.

[Gareth Snell (Stoke-on-Trent Central) (Lab/Co-op)]

I thank my hon. Friend for the work that he has done on the campaign across the midlands and across the country. I was very proud to support it when I was last in this place. The sheer volume of workers who are now protected is testament to my hon. Friend’s hard work and his ability to tell such a compelling story. Could he enlighten me on whether the House of Commons, the House of Lords and the various Government Departments, which are huge employers, have signed up to the campaign? If they have not, could I extend a hand of friendship to him to help him ensure that they sign up as soon as possible?

[Lee Barron]

We managed to get the campaign promoted as best practice by the Department for Work and Pensions—meaning that if employers, through their disability awareness scheme, ever go to the Government in relation to how to treat workers with a terminal illness, they are always signposted to the campaign—but no Government Departments have signed up. However, I am aware that with the new Government coming in, those discussions are now taking place.

Although the progress made so far is commendable, it is not universal. That is why we have called this debate—so that we can the extend this right to all those who are ill. I want to recognise Richard Oliver, who is in the Public Gallery and who has been part of the campaign right from the outset; it is great that he has been able to join us today.

As I said, it is still legal in this country to sack a terminally ill worker on the grounds of capability. At a time when someone is dealing with a devastating diagnosis, they could also face the loss of their livelihood and their financial security. That is not acceptable. There has been significant discussion about dying with dignity recently, particularly relating to the Terminally Ill Adults (End of Life) Bill. Although that Bill has rightly captured our attention, I do not want us to lose momentum now that it has gone to Committee. These people are on a path—a journey, if we can call it that—and they should not have to worry about whether they will lose their job while they face that.

Most people will never have to think about the implications of working with a terminal diagnosis, and most employers would not dream of firing their terminally ill workers.