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A hairstylist has won a case for unfair dismissal after she was forced to resign while waiting for surgery on a brain tumor.

Grace Geoghegan, 28, had worked at a hair salon in Stockport, Greater Manchester, since 2017, working her way up to become regular customers.

But a shock brain tumor diagnosis saw her discharged in October 2022 and prescribed medication to control her seizures.

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

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

But her GP’s note declaring her fit to work was ignored and she says she felt like ‘a burden’ to the company.

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

She sought advice from family, ACAS and the 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 that her condition had been stabilized with medication and that she had been declared fit for work, but that this was not accepted by the salon.

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

The hearing ruled that her employer must compensate her for the income she would have received if she had been allowed to return to work when she first requested it, as well as for the damage to feelings and interest on her financial losses.

Grace had surgery last October 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 every year, and when it comes to your work rights, the Brain Tumor Charity says…

Under the Equality Act 2010, if you have a brain tumor you can be considered to have a disability, even if you don’t see yourself that way.

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

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

An employer may not discriminate against you on the grounds of disability. This means that 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 about your disability).

Your employer also does not automatically have the right to view your medical data. Although he or she may ask you for a doctor’s report on your health, he or she can only do so with your permission.

While there is no set definition of what constitutes a “reasonable accommodation,” disability discrimination occurs if your employer fails to make reasonable accommodations when required to do so. If this happens to you, try talking to your employer first. If you feel they are not behaving reasonably, seek advice from a trade union representative, if you have one.

You can read more about your rights here.