Hazel Miller was working as a care assistant at a residential care home when she was diagnosed with breast cancer.

After treatment and a period of recovery, she wanted to go back to her job. But, on the morning she was due to start, her employers called and asked her to resign, saying they were worried about her welfare. She refused, but a few weeks later her P45 arrived in the post.

“I do think they were genuinely concerned for me, but it should have been my decision to go back to work or not,” said Mrs Miller this morning.

“If I had felt in myself that I was not able to cope, then I would have been able to go and tell my manager. I wasn’t given this opportunity, which I felt was very unfair.”

Mrs Miller took her case to an employment tribunal claiming the care home had breached the new law. Following an initial hearing her employers agreed to settle and compensate her.

“I’m happy the settlement came outwith the actual tribunal because I wouldn’t have liked to have gone through that as well,” she added.

The owners of the nursing home have admitted they made a mistake, but say they were genuinely concerned for Mrs Miller’s welfare at work and were unaware of the new law.

Mrs Miller has a new job at another nursing home and says she is getting on fine.

She continued, “I think this legislation needs to be highlighted because a lot of people have experienced similar situations and that’s why I agree with the Disability Rights Commission.

“Some employers are probably unaware of the changes in the law and, hopefully, by publicising it, they will find out about it.”Cancer patients are facing discrimination and unfair dismissal at work, despite new legislation, campaign groups said today.

Most employers are unaware of the new legislation under the Disability Discrimination Act that came into force in December, according to the charity Cancerbackup.

The Disability Rights Commission says its helpline has received, on average, two calls a week from women with breast cancer complaining of unfair treatment at work. Since December it has received 174 calls from workers with cancer experiencing discrimination.

The DRC’s Agnes Fletcher said, “We cannot tolerate people with cancer and long-term health conditions being prevented from making their contribution to the workplace.”

Out of the calls, 82% said employers failed to make reasonable adjustments that would keep them in work, and almost one in five reported having been dismissed. A further 13% complained of facing threats of dismissal and nearly 6% were facing disciplinary action.

A spokeswoman for Cancerbackup said, “A lot of people feel they are unable to return to work, even though they want to. Employers need to be more flexible.”

The DRC helpline’s number is 08457 622633. Cancerbackup can be reached on 0808 8001234.