A hairdresser has won an unfair dismissal case after she was forced to resign while awaiting surgery for a brain tumor.

Grace Geoghegan, 28, had been employed at a hair salon in Stockport, Greater Manchester, since 2017 and worked her way up to having regular customers.

But a shock brain tumor diagnosis meant he had to leave his job in October 2022 and be prescribed medication to control his seizures.

In November, she attempted to gradually return to work while awaiting surgery on the tumor (scheduled for the following year).

However, she was told that she might not be able to work with her previous clients and was asked to provide a letter specifying that she could safely stand for long periods and work with scissors, clippers and chemicals.

But her GP’s note declaring her fit for work was ignored, and she says she was made “to feel like a burden” on the company.

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

She sought advice from her family, ACAS and Brain Tumor Charity, before taking them to an employment tribunal, where she won her case for disability discrimination and unfair dismissal.

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

Grace said: “I knew what they were doing was wrong, but representing myself was intimidating.”

The hearing ruled that her employer should compensate her for the earnings she would have received if she had been allowed to return to work when she first requested it, as well as for moral damages and interest on his financial losses.

Grace had surgery in October last year and has since gotten married and found a new job.

What are your employment rights if you have a brain tumor?

More than 12,000 people are diagnosed with a primary brain tumor each year, and when it comes to your rights at 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 consider yourself that way.

Certain specific pathologies, notably cancer and high-grade brain tumors, are automatically considered disabilities, regardless of their consequences.

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

An employer cannot discriminate against you because of a disability, which means you cannot be treated less favorably than others because you have a brain tumor. You are also protected from harassment or victimization (when you are treated unfairly because you complain of a disability).

Your employer also does not have an automatic right to see your medical information. Although he can request a report from your doctor about your health, he can only do so with your permission.

Although there is no fixed definition of what a “reasonable adjustment” is, if your employer does not make reasonable adjustments when required to do so, this is based discrimination. on disability. If this happens to you, try talking to your employer first. If you believe that they are not behaving reasonably, seek advice from a union representative, if you have one.

You can find out more about your rights here.