Funeral director who was fired during her cancer fight wins £60,000 payout

By SCOTTISH DAILY MAIL REPORTER

Published: | Updated:

A funeral director off sick from work for two years with cancer has been awarded more than £60,000 after bosses sacked her for not being able to be on call.

Janie Crampshee won the payout after an employment tribunal ruled Dignity Funerals ‘didn’t give her a chance’ when she returned after undergoing chemo and radiotherapy.

Ms Crampshee – who described the role as her ‘dream job’ – said that as part of her recovery she was initially going to be unable to be on call or lift any bodies.

However, because she could not put a time frame on how long these ‘reasonable adjustments’ would be in place, bosses decided to fire her instead.

Ms Crampshee has now been awarded £60,940.62 in damages after suing the national chain for disability discrimination and unfair dismissal.

The tribunal was told she started working as a trainee funeral director for Aberdeen Funeral Directors in August 2014.

She qualified as a funeral director in 2015 but was diagnosed with cancer in January 2016. While she was off sick in March 2017, Dignity bought the firm, the Aberdeen hearing was told.

In 2018, Ms Crampshee returned to work for three days a week. However, in April an occupational health report for the firm said her phased return was ‘causing an operational and financial problem’.

Janie Crampshee won the payout after an employment tribunal ruled Dignity Funerals ‘didn’t give her a chance after undergoing cancer treatment

The tribunal heard that in May, Ms Crampshee started a period of long-term absence caused by stress related to her return to work and discrepancies in pay.

In July, she asked for several conditions to be agreed prior to coming back.

She told bosses: ‘One – not to work on-call rota. I am unable to do this due to fatigue following chemotherapy and radiotherapy. Two – no heavy lifting or lifting of any height.

‘This is due to weakness in arms after having lymph nodes and tumours removed and weakness from chemotherapy.’ 

In October, Ms Crampshee told managers she wanted to ‘build up to full-time hours’ as she was ‘getting better all the time’.

However, Dignity considered her not being on the on-call rota a ‘sticking point’, claiming it was concerned about ‘grumblings’ from colleagues who would have to cover for her.

Ms Crampshee returned to work for three days a week in 2018, but an occupational health report for Dignity Funerals (pictured) said her phased return was ‘causing an operational and financial problem

Ms Crampshee was presented with three options – a full-time funeral director role, a four-week trial as a funeral service administrator on significantly reduced pay or an end to her employment. 

She rejected the administrator role as she ‘could not live on the reduced salary’ and was later fired on ‘capability’ grounds.

In relation to the full-time post, she was told: ‘Fundamental to… this role is your ability to participate in the company’s “on-call” rota, to arrange and conduct funerals and to be physically able to lift deceased persons.’

However, the tribunal pointed out that the branch ‘had been able to function and cover on-call duties for some two years when the claimant was off work undergoing her cancer treatment’.

Read More

  • Related Posts

    Ex-FBI Director Comey says he is ‘innocent’ after US court indictment

    Former FBI Director James Comey is a longtime critic of US President Donald Trump, and testified against him in 2020. Former FBI Director James Comey says he is innocent of…

    JFK director Oliver Stone is left stunned as GOP firebrand Lauren Boebert makes embarrassing mix-up

    Lauren Boebert confused Oscar-winning director Oliver Stone with long-time Donald Trump ally and political fixer Roger Stone during the JFK files hearing in Congress Tuesday. Witnesses testified before Congress that three…

    You Missed

    Lucy Letby ‘used as scapegoat for failings of senior doctors’ according to her childhood friend

    Lucy Letby ‘used as scapegoat for failings of senior doctors’ according to her childhood friend

    Distraught woman admits to using ‘homeless man’ from viral AI prank to file fake sex abuse report

    Distraught woman admits to using ‘homeless man’ from viral AI prank to file fake sex abuse report

    Reform UK gets first House of Lords member as Tory donor jumps ship

    Reform UK gets first House of Lords member as Tory donor jumps ship

    ‘See me one more time before I die’: Thomas Markle issues desperate plea to Meghan from hospital bed  

    ‘See me one more time before I die’: Thomas Markle issues desperate plea to Meghan from hospital bed  

    ‘I don’t want to die estranged from Meghan. I want to meet my grandkids and Harry’: Thomas Markle speaks to the Mail’s CAROLINE GRAHAM from his hospital bed in this world exclusive interview

    ‘I don’t want to die estranged from Meghan. I want to meet my grandkids and Harry’: Thomas Markle speaks to the Mail’s CAROLINE GRAHAM from his hospital bed in this world exclusive interview

    Multiple homes DESTROYED as out-of-control bushfires wreaks havoc on suburbs north of Sydney

    Multiple homes DESTROYED as out-of-control bushfires wreaks havoc on suburbs north of Sydney