Inspector Awarded 'Cancer Discrimination' Damages

A middle-ranking female police officer in the North has successfully claimed discrimination after returning to work from cancer treatment.

The PSNI paid £55,000 in compensation to her - but made the payment without admission of liability - despite Inspector Hazel Brady firmly believing she faced undue work demands and unfounded criticism after she went back to her duties in January 2008.

Fellow officer and husband, David Brady, who is a chief inspector in the PSNI, was also paid £7,500 - also without admission of liability - in a settlement of his complaint of victimisation in a related case that was also supported by the Equality Commission.

Those who develop cancer are covered by the Disability Discrimination Act and in this case, Mrs Brady said she had been put through an "extremely stressful time" while still recovering from cancer.

The PSNI said it recognised the upset and distress caused to Mrs Brady, who commented: "I was very shocked, saddened and disappointed that the treatment I received during the two-and-a-half years after my return to work made an already difficult situation much worse for me."

According to the Equality Commission, the PSNI, in agreeing to pay Mrs Brady £55,000 without admission of liability, acknowledged the upset and distress she had experienced and reaffirmed its commitment to equality of opportunity in the workplace.

The PSNI also confirmed that, as with all officers, account will be taken of her health and any disability when decisions are made as to what functions she will be required to fulfil and where she will be stationed.

Mrs Brady was diagnosed with breast cancer in 2006 and returned to work in January 2008 but she complained of discriminatory treatment, including her belief that the PSNI failed to make reasonable adjustments to accommodate her medical condition.

She felt undue demands were made of her, including a workload which did not take her health into account, after further investigative cancer-related surgery, and that she faced unfounded criticism of her work.

She also alleged she was denied training opportunities available to her male colleagues.

After Mrs Brady lodged a complaint, she and her husband David Brady complained they were victimised as they faced allegations of misconduct, which were not progressed.

Mrs Brady also alleged that she was victimised by the way her sickness absence for cancer-related surgery was managed.

Head of Enforcement at the Equality Commission, Eileen Lavery, said all employers have a responsibility to make reasonable adjustments for employees who have a disability.

"No one facing the challenges of ill health, or dealing with a disability, should have to confront additional difficulties which can be avoided by the application of common sense and sensitivity," she said.

(BMcC/GK)