Your employee rights when working with cancer

What does the Equality Act 2010 say about cancer employment rights?

Under the Equality Act 2010, a cancer diagnosis automatically protects you from workplace detriment based on disability.

The protection prevents you from receiving unfavourable treatment because of your disability. It also compels your employer to make reasonable adjustments to better support your ability to carry out your role.

These adjustments could include things like:

• Time for more frequent breaks throughout the day
• Allowing you to take time away from work during the day to attend medical appointments
• Varying start and finish times to avoid public transport in rush hour
• A phased return to work if you’ve been off work sick

Should I tell my employer I have cancer?

There’s no legal requirement to tell your employer about your diagnosis, including at a job interview. However, it may be difficult for them to support you if they’re unaware of your condition, and a claim for disability discrimination may not succeed – depending on the facts.

To trigger an employer’s duty to make reasonable adjustments, they must know of your disability either as a matter of fact (e.g., because you have told them), or because they’re reasonably expected to know.

You may have a loved one who’s been diagnosed with cancer. It’s understandable that you may not feel comfortable telling your employer about this, but when it comes to disabilities like cancer, an employment right you should be aware of is that you should not be treated less favourably as a result.

This type of less favourable treatment is known as discrimination by association.

Am I obligated to tell my new employer I have cancer if it’s terminal?

You’re not obligated to tell your employer about a cancer diagnosis, even if it’s terminal. However, it may be helpful for both you and the business to talk through your options.

Keep in mind that whether your cancer is terminal or not, your employer will be acting unlawfully if they dismiss you after hearing the news without following a proper procedure, and if there wasn’t a fair reason for them to have done so.

What reasonable adjustments am I entitled to?

Employers need only make adjustments if they’re “reasonable”. There are several factors that can influence what a tribunal may find to be reasonable, and this will be case specific.

Whether an adjustment is reasonable may depend on:

• How do-able the changes are for your employer
• How much resource will need to go into making the changes and if this is feasible for your employer
• If the changes you suggest are already in place

This can seem daunting, but don’t worry, your employer should consider things like:

• Making sure you’re permitted a reasonable amount of time off to attend medical appointments – this may be paid or unpaid depending on your employment contract. Statutory Sick Pay (SSP) and/or contractual sick pay may be triggered if you’re unable to work and are eligible
• Modifying your day-to-day tasks to ensure you can carry them out successfully
• How flexibility can help you with working with a cancer diagnosis, e.g., homeworking measures
• Meeting health and safety obligations by conducting risk assessments
• Whether you’ve told them you wish to stop working altogether

Ultimately, the type of reasonable adjustments you require when working with cancer will depend on your specific needs and there’s no average time off work with cancer stipulated in law.

If you’re not a cancer patient, you have the option to request time off for dependants if your spouse, partner, child, grandchild, parent, or anyone who depends on you for care, has an emergency.

Your employer shouldn’t unreasonably refuse your request for time off if you’re eligible; however, they don’t have to pay you for the time you’re off.

What actions can I take if I think I’m not being treated fairly?

The Equality Act covers all areas of employment, and you may be able to bring a disability discrimination claim to a tribunal if you feel you’re eligible. For example, if you’ve been treated less favourable during:

• A recruitment process
• Training and development
• Opportunities for promotion
• A redundancy process

Discrimination can be direct or indirect, associative or perceptive. Regardless of where you are in your journey, either as a patient or a loved one, no one should make you feel less favoured in any way.

Legal support for cancer employment rights

At Slater and Gordon, we know how difficult it can be to deal with disability discrimination at work, and how far the consequences can reach. Our friendly and compassionate employment team have an outstanding track record of success in handling cancer discrimination at work cases, and many of our solicitors have received recognition from esteemed legal publications such as Chambers and Partners and the Legal 500. With a wealth of experience and expertise, you can trust that you are in good hands.

If you have concerns about your treatment at work and would like to seek specific legal advice or would like more information about cancer discrimination cases and how we can support you, contact us online or get in touch on 0330 041 5869.