Find out if you have a claim for unfair dismissal due to cancer  

Have you been dismissed while dealing with cancer? If your dismissal was related to your diagnosis or symptoms, the dismissal could be unfair. Here's how we can help: 
Get immediate feedback, at no cost, on whether you may have a claim for discriminatory unfair dismissal 
Get clarity on your options and what it might cost to make a claim 
Discover whether the cost of your claim can be covered by an existing insurance policy 
Get specialist support with your claim to make the process easier 
Clear advice in plain English - no confusing legal jargon 
National representation - we offer video consultations 

Why choose Spencer Shaw for Employment Law advice? 

We believe in: 
Guiding you to make the best choices for your case, using our specialist knowledge and experience of employment law and procedures. 
Providing clear information on fees so that you have control of your costs right from the start. 
Actively progressing your matter. Thanks to our focus on quality of service, not quantity of cases, your issue will get the attention it needs, when it needs it. 
Keeping you up to date about your matter. You shouldn’t need to chase us to find out what is happening. 
Our specialist team has a wide range of experience in Unfair Dismissal, covering a variety of industries. We work together to ensure that clients get the best of this combined experience, alongside excellent customer service. 
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Frequently Asked Questions About Unfair Dismissal and Cancer 

What counts as an unfair dismissal? 

You may have a claim if you have been dismissed without a legally fair reason. This isn’t the same as unfairness in the common sense meaning of the phrase. 
 
Fair reasons for dismissal include: 
 
you are guilty of misconduct 
you aren’t capable of doing your job 
your role is redundant 
 
We can help to determine if your dismissal was fair and reasonable, or whether you have a claim.  
 

Have I been discriminated against? 

If you have been treated badly at work because of your cancer, you may have been discriminated against. The less favourable treatment must be because of your cancer to allow a claim for discrimination. 
 
Under the Equality Act 2010 you are considered disabled from the moment of diagnosis with cancer. You do not need to show that the condition is long term or has any symptoms . 
 
Your employer must be aware of your condition for you to have a valid claim. 
 
There are a few types of discrimination to consider: 
 
Direct discrimination: where you are less favourably treated because of your condition. For example, you are turned down for promotion because your employer assumes you will need time off for treatment. 
 
Indirect discrimination: where a policy or practice impacts more harshly on you, due to your condition. It doesn’t matter whether your employer intends to discriminate, it is the effect of the policy that’s important. There may be times that indirect discrimination can be justified, for example where the policy is proportionate or necessary. 
 
Failure to make reasonable adjustments 
 
Victimisation: where your employer treats you detrimentally because you enforced your rights, or they believed you intended to. This could include if you bring a legal claim under the Equality Act or give evidence at proceedings. 
 
Harassment: unwanted conduct that creates an intimidating, degrading or offensive environment. For example, if colleagues make offensive comments or jokes about your cancer. 
 
Discrimination may be justified if it is a proportionate means of achieving a legitimate aim. 
 
An experienced employment law solicitor can help you to understand how the law applies to your personal circumstances. 
 

Should my employer have made reasonable adjustments? 

As cancer is classed as a disability under the Equality Act 2010, your employer must consider reasonable adjustments to support you in doing your job. 
 
What is reasonable will depend upon the facts of each case, and the workplace. ACAS says that employers should consider whether the adjustment: 
 
will remove or reduce the disadvantage you face 
is practical 
is affordable for them 
could affect the health and safety of others 
 

Is there a deadline for making an unfair dismissal claim? 

You must make your claim within three months of the date that your employment terminates, with the date of termination as day one. It’s possible for employees to complain about several incidents of discrimination over time as long as the last one is within three months of the time that a complaint can be made. 
 
Depending on your circumstances, you may not need to make a legal claim - some employers will be open to discussion if you approach them in the right way. Get advice early on so that you have time to consider your options. 
 

I had an argument with my boss but I don't know if I've been formally dismissed. Do I have a claim? 

Confusing language or words spoken in the heat of the moment may be a dismissal. It will depend upon the circumstances, so it is important to get advice about what to do next 
 
If your employer hasn’t dismissed you but has breached your contract, you could have grounds to claim for constructive dismissal. This is different to unfair dismissal. Get in touch using the form below for advice. 
 

Will I get compensation if I have been unfairly dismissed? 

If your claim is successful, you could receive compensation. The amount will depend upon what you have lost in earnings, notice pay, benefits, pension payments and so on. It varies from case to case. Your solicitor will be able to calculate what you may be able to claim. 
 
Compensation for unfair dismissal includes the following: 
 
a basic award, based on your weekly pay, your age, and how long you have worked for your employer. 
 
a compensatory award of up to one year’s gross pay to compensate your loss of earnings. This will be based upon the time you were unemployed or how long the tribunal believes you will take to find a similar position, and any loss of income or benefits in your new role. This will be increased if your employer failed to follow ACAS recommended procedures when terminating your employment. 
 
additional damages if your dismissal was discriminatory, including injury to feelings and aggravated damages. 
 
The tribunal also has the power to reduce your compensation based on your behaviour - for example, if your conduct contributed to your dismissal or you haven’t done enough to find a new job. Legal advice will help you to understand what the tribunal expects of you, so that you don’t harm your case. 
 
Not all cases make it to tribunal. You may reach an agreement with your employer before the tribunal hearing. Such agreements can be negotiated and will include other terms such as agreeing to waive your rights to make claims against your employer and confidentiality. . We can help you negotiate an agreement that suits you. 
 
We understand that legal claims aren’t just about compensation. You may want an apology, to be reinstated, or for other changes to be made. This may be possible to achieve. We support you to get the best possible outcome for your interests. 
 

What will it cost to make an unfair dismissal claim? 

The cost will depend on the complexity of your case and the amount of evidence involved. 
 
You may have Legal Expenses Insurance that could cover your legal costs. Many people have LEI and don’t realise. Check your existing insurance policies, such as home, car and building insurance, to see if you have LEI. 
 
To go through the full tribunal process, a simple unfair dismissal case would likely cost around £5,000-£6,000. More complex cases are likely to cost around £8,000-£10,000, while very complicated cases may exceed £10,000. However, not all cases go through the full process. Many are settled before the final hearing, saving time and money. Getting the right advice at the outset increases your chance of an early beneficial settlement, which could save you money. 
 
Your solicitor's priority is to resolve the issue in your best interests. This includes helping you to balance the cost of your case against the chances of winning, the potential compensation and the benefits of early settlement. 

Meet Our Team 

Ian Jones, Director and Principal Solicitor 
 
Ian qualified as a solicitor in 1991. He had experience as a partner and Head of Litigation with larger firms before setting up Spencer Shaw in 2007. His experience includes taking claims on appeal to the Employment Appeal Tribunal, the Court of Appeal and the Supreme Court. 
 
“Ian has been clear, concise and made a very stressful situation much more bearable.” 
Felicity Price, Consultant Solicitor 
 
Felicity qualified as a solicitor in 2009 and joined Spencer Shaw in 2018 as a consultant solicitor, having spent time with several large national firms. Felicity was recommended in Chambers and Partners Guide in 2012, 2013 and 2014. 
 
“Felicity was very knowledgeable, experienced in employment law and proved to be extremely supportive and friendly.” 
Nazia Khan, Associate Solicitor 
 
Nazia began her career as a Barrister, being called to the Bar in 1999 before cross-qualifying as a Solicitor in 2004. Nazia is a recommended Solicitor in the Legal 500 and speaks fluent in Urdu and Punjabi. 
 
“Efficient service whilst maintaining a personal approach” 
 
 
Andrea Price, Associate Solicitor 
 
Andrea received a degree in Business and Finance and a post graduate diploma in Human Resource Management before qualifying as a solicitor in 2015. With her combined experience in HR and Employment Law, Andrea understands what businesses will be looking for, which puts her in the ideal position to negotiate for you. 
 
“Very professional and extremely helpful.” 
Dhanbir Uppal, Associate Solicitor 
 
Dhani qualified as a solicitor in 2011, having worked in the legal sector since 2005. Since qualifying, Dhani has worked in both the public and private sector in Dispute Resolution and Civil Litigation. Dhani is fluent in Punjabi. 
 
“An excellent level of service.” 
 
 

Why our clients like dealing with us  

 
Cannot fault the service I received. The entire team were so helpful and really took the time to understand my needs. Furthermore, the speed of the service was incredible. I could not recommend enough! 
 
DC 
 
 
 
Exceptional service, was kept up to date throughout, would highly recommend this firm. 
 
BU 
 
 
The overall experience at Spencer Shaw was excellent: professional, quick, smooth and friendly. It made the process much easier than expected. Thank you. 
 
Roel 

Schedule a callback to find out whether you have a claim 

Or get in touch by: 

Phone: 0121 817 0523 
A member of our legal team will be in touch to discuss:  
whether you have a claim for unfair dismissal, and what your options are 
how we can support you through your claim 
what it would cost to make a claim, and whether this might be covered by Legal Expenses Insurance 
 
We do our best to respond at the time you have asked. If you have not selected a time or date for a callback, we will be in touch as soon as possible. Depending on the time of your enquiry, this is usually within 1 working day.  
 
Our working hours are 9am - 5pm, Monday - Friday.  

Our company 

VAT registration number 278 0759 62 
Spencer Shaw Solicitors and Spencer Shaw are trading names of Spencer Shaw Solicitors Limited. Companies House registration number 7787711 
Authorised and regulated by the Solicitors Regulation Authority Reference number 644706. 

Legal information 

Information provided on this site is for general guidance purposes only and does not constitute legal or professional advice. Appropriate legal advice should be obtained before action is taken. 
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