Employment Rights: Terminal Illness

Warinder Juss Excerpts

Wednesday 18th December 2024 Westminster Hall

[Warinder Juss (Wolverhampton West) (Lab)]

It is a pleasure to serve under your chairship, Sir Edward. I thank my hon. Friend the Member for Corby and East Northamptonshire (Lee Barron), whom I have known for a long time, for securing the debate.

I declare an interest: I am a member of the Justice Committee, a solicitor and a member of the GMB executive council. The GMB was instrumental in running the “Dying to Work” campaign, and the TUC subsequently adopted the charter. As of March 2024, over 1.5 million workers in the UK have employers who have committed to the charter, which requires employers to

“Review sick pay and sickness absence procedures and include a specific statement that they will not dismiss any person with a terminal diagnosis because of their condition”,

as well as take other steps to support the terminally ill employee at work.

There is very little employment law that deals with terminal illness, but we do have laws relating to disability discrimination and laws under which an employer has a duty to make reasonable adjustments for employees at work, and those laws will apply to employees who are terminally ill. The NHS defines a terminal illness as a health condition

“that you’ll most likely die from”.

Under the Equality Act 2010, people with disabilities are protected against discrimination at work. Disabilities are defined as any impairment that has a long-term and substantial adverse effect on the person’s ability to carry out “normal day-to-day activities”. Terminal illness will be classed as a disability, at least from the point where the illness begins to have an impact on the person’s ability to carry out day-to-day activities; so the Equality Act will give the employee the right not to be treated less favourably at work, and the right to reasonable adjustments to enable them to stay at work. People with cancer, HIV infection or multiple sclerosis will automatically be considered to have a disability, regardless of their symptoms. Correspondingly, anyone who is terminally ill should also be considered to have a disability regardless of their symptoms.

Under the Equality Act, the employer must make reasonable adjustments so that disabled employees, including those who are terminally ill, can continue in their job if they wish. The employer may, for example, change the employee’s working hours and working patterns, reduce their workload, reallocate duties, grant time off for treatment and medical appointments, and allow working from home. An employer must consider an employee’s terminal illness and symptoms when deciding what reasonable adjustments should be made to retain them in employment, rather than dismiss them in accordance with a sickness absence policy.

A lot of workers with a terminal diagnosis will decide that they want to continue working for as long as they can because they need the financial security, or to avoid losing any death in service benefits, as my hon. Friend the Member for Corby and East Northamptonshire mentioned, or because they find that work is a helpful distraction from their illness. Parliament recently gave Second Reading to a Bill that would give people a choice to die with dignity. Surely we can give those who are dying the dignity of work for as long as they need it.