Key takeaways
- Cancer is considered a disability under UK law and people living with or beyond cancer are protected from discrimination
- By law, those with cancer can ask for reasonable adjustments to help them continue to work if they wish to, or feel more comfortable when returning
- Legal protection against discrimination continues beyond treatment and upon moving to another role or employer
- There are certain situations in which someone with cancer can be dismissed from their role, but this is unlikely
The period of time between a cancer diagnosis and the end of treatment is undoubtedly challenging – physically, psychologically, practically and also financially. Questions about job security and coping at work – either while having treatment or on returning to work after it – are common, and can be a significant cause of anxiety for many people living with and beyond cancer. It’s important to understand what support and adjustments employers are legally obligated to provide and employees are able to request. This guide by the Perci team explains the law and what to do in cases of discrimination.
Which laws apply to cancer and employment?
The Disability Discrimination Act was brought into law in 1995 and classified those living with cancer as disabled and, therefore, protected against unfair treatment. In 2010, The Equality Act replaced previous discrimination laws in England, Scotland, and Wales. The Equality Act applies to all people with cancer, regardless of the type of cancer they have, from the point of diagnosis. It also applies to those who have previously had cancer. In Northern Ireland, the Disability Discrimination Act 1995 is still applicable and protects those with cancer against discrimination.
These laws cover all areas of employment, including recruitment, employment terms and conditions, benefits, opportunities for promotion and training, and terminating employment.
What support are employers legally obligated to offer?
By law, employers should support employees living with cancer to stay in work or return to work when they are ready by making ‘reasonable adjustments’. These can include changes to a role, the workplace environment, equipment, services and processes. Flexible working, reduced hours, a phased return to work and adapted workstations are all examples of reasonable adjustments.
Unfortunately, there is no fixed definition of reasonable adjustments. This is because what an employer can reasonably do to accommodate someone with cancer will depend on the size and structure of the company, the employee’s job role, costs and the impact any changes have on other employees, among other things.
To find out more about the reasonable adjustments you are entitled to and your other rights at work, speak to your HR department about their policies or get advice from the Equality Advisory & Support Service, Macmillan, who are partnered with Citizens Advice, and Working with Cancer.
There are a number of things to consider regarding the environment in the workplace or for home working. The work area needs to be set up to support your needs, so it might need assessing and adapting. If you have mobility issues, it’s important to consider things like access to your workplace, if you can’t work from home, as well as parking or transport to and from work. You might need to consider being closer to the bathroom if your continence has been affected. Considering these factors can make you feel more comfortable when returning to work. An occupational therapist can speak to your employer on your behalf or help you prepare for conversations, so it’s clear for both parties what the guidance is around making reasonable adjustments to support you in the workplace.
Anna Howells, Occupational Therapist, Perci Health
Can someone with cancer be dismissed or made redundant?
Many people living with cancer feel concerned about whether their employer can dismiss them or make them redundant. An employer cannot dismiss an employee with cancer solely because of their diagnosis but they could be dismissed for the same reasons as any other employee under law and in line with their workplace’s policies and procedures. For example, if an employee has cancer, they cannot be dismissed because they need to take time off for treatment, but they can if they’ve been found guilty of gross misconduct.
Do the same laws apply for someone going through long-term treatment or recovering after cancer?
The Equality Act 2010 and Disability Discrimination Act 1995 protect people living with cancer through treatment and into recovery. They also protect those with long-term cancer and those who have had cancer previously. This means that an employee cannot be treated unfairly or be disadvantaged by an employer due to their cancer. For example, an employer can’t use a diagnosis as a reason to move someone to an easier or lower-paid job, unless they have requested this as a reasonable adjustment. Similarly, they cannot select someone for redundancy due to their diagnosis or penalise them for taking time off sick, without considering their illness.
This protection continues even if the person changes jobs. A prospective employer cannot reject a job application for cancer-related reasons, nor can they ask health-related questions unless these are to support the candidate and make reasonable adjustments.
What can employees do if they experience discrimination?
If someone feels they have been treated unfairly because of their cancer, there are several different things they should do in the first instance:
- Keep a record of the discrimination and when it happened, including as much detail as possible
- Keep copies of anything that supports the complaint, such as emails and letters
- Informally complain by speaking to the employer or workplace’s HR department
- Record the dates and times of when the issue was raised and who it was raised with
Beyond this point, there is the option to lodge a formal grievance using workplace procedures. If the matter is still not adequately addressed, it can be escalated outside of the workplace. Acas (Advisory, Conciliation and Arbitration Service) is a good resource for helping with early conciliation on matters involving workplace discrimination. If early conciliation does not work, the complaint can be progressed to an employment tribunal.
Whether you are diagnosed with cancer while working, going through treatment or in recovery, it’s important to understand your legal rights. Our Cancer Nurse Specialists can listen and offer guidance, as well as refer you to Perci Professionals including occupational therapists who specialise in those living with cancer to have conversations with employers and return to work.
While we have ensured that every article is medically reviewed and approved, information presented here is not intended to be a substitute for professional medical advice, diagnosis, or treatment. If you have any questions or concerns, please talk to one of our healthcare professionals or your primary healthcare team.