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Hairstylist who resigned after brain tumor wins case against employer

A hairstylist who quit her job while waiting for brain tumor surgery won her unfair dismissal lawsuit.

Grace Geoghegan, 28, has worked at a hair salon in Stockport, Greater Manchester, since 2017 and has worked to build up a loyal following.

But a shock brain tumor diagnosis forced her to quit her job in October 2022 and put her on medication to control her seizures.

In November, she attempted a phased return to work while awaiting surgery for her tumor (scheduled for next year).

But she was told she might not be able to work with previous clients and was asked to provide a letter stating she was safe to stand for long periods of time and use scissors, scissors and chemicals.

But her doctor's note declaring her fit for work was ignored and she said she “felt like a burden” to the company.

Ultimately, she felt she had no choice but to resign.

After seeking advice from her family, ACAS and a brain tumor charity, she took her to an employment tribunal and won her disability discrimination and unfair dismissal claim.

She told the hearing her condition had been stabilized with medication and she had been declared fit for work, but this was not accepted by the salon.

“I knew what they were doing was wrong, but it was hard to stand up for myself,” Grace said.

The hearing ruled that her employer must compensate her for damages, plus interest and assessments for her financial losses and the earnings she would have earned had she been allowed to return to work when she first requested it.

After undergoing surgery in October of last year, Grace got married and found a new job.

What are my employment rights if I have a brain tumor?

More than 12,000 people are diagnosed with a primary brain tumor every year, and when it comes to your rights to work, the Brain Tumor Charity says…

Under the Equality Act 2010, if you have a brain tumor, you may be considered disabled even if you don't think you are.

Some certain medical conditions, including cancer and high-grade brain tumors, are automatically considered disabilities regardless of their effects.

You do not need to tell your employer if you have a tumor, but it may be in your best interest to do so.

Your employer cannot discriminate against you because of your disability, which means you cannot be treated less favorably than others because you have a brain tumor. You are also protected from harassment or harm (if you are treated unfairly because you complain about having a disability).

Additionally, your employer does not automatically have a right to access your medical information. We may request a doctor's report on your health, but only with your permission.

There is no fixed definition of what a “reasonable accommodation” is, but if an employer fails to make a reasonable accommodation when required, it is disability discrimination. If this happens, talk to your employer first. If you feel they are not acting reasonably, seek the advice of your union representative, if he or she is available.

More information about your rights can be found here.

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