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Here's some useful information on your rights at work as a cancer patient or a carer looking after someone with cancer.
What are my rights at work if I have been diagnosed with cancer?
Under the Equality Act 2010 cancer is automatically considered a disability and as such, you are protected by law from unfair treatment at work. It’s unlawful for any employer to discriminate against you or treat you less favourably because of your cancer diagnosis. Likewise, if you’ve had cancer in the past and are now in remission, you will still be covered by this legislation.
Your employer is obligated under the Equality Act to make reasonable adjustments to allow you to do your job, if you are able, during and after cancer treatment. It is advisable to start discussions with your employer as soon as you feel you can and consider what reasonable adjustments would be appropriate to your situation.
Some examples include: allowing you time off to go to medical appointments and for treatment; allowing you to work more flexible hours or to work from home part of the week; changing your job role or removing tasks that may be an issue for you during or post-treatment; allowing a phased return to work; and making modifications to your workspace if accessibility and mobility become an issue.
What can I do if I feel I am being discriminated against because of my cancer?
Discrimination can include a range of things, such as an employer: not making reasonable changes to allow you to do your job e.g. time to take medication or to cope with fatigue; giving you a warning for having time off sick, without taking your cancer diagnosis into consideration; forcing you to stop working or to retire; dismissing you for a reason related to your cancer; making you do a lower-paid or less demanding job for a reason related to your cancer; making it difficult for you to get any sick pay you’re entitled to or harassing you – i.e. when an employer or colleague bullies, intimidates, insults you or makes you feel uncomfortable.
What are my rights at work if I care for someone with cancer?
If you are caring for someone with cancer the Equality Act can provide protection for carers from some types of disability discrimination. Carers can request reasonable adjustments in accordance with the Act e.g. time off to attend appointments with their partner or to look after them following treatment.
This is a complicated area in employment law so it may be advisable to get advice from your union, if you are a member, or advice from an employment lawyer if you think you have been unfairly treated at work because you’re caring for someone who has cancer.
How can the Specialist Health and Work Service help?
Our Specialist Health and Work team is experienced in health and work issues, particularly for those who have been affected by cancer. The service supports those who are remaining in work, returning to work or looking for a new job. Here are a few ways we can help:
- Work with you and your employer where required to agree a return to work plan
- Advise on any adjustments that may be needed to make sure that your return to work is as smooth as possible
- Support you in making decisions regarding your working future
- Attend or advise on return to work meetings that will help employers understand your needs
- Identify employability services which can help you find new employment opportunities
More information on our Specialist Health and Work Service can be found here.
Other Useful Resources
More information can be found at:
Macmillan Cancer Support
Maggies
The Equality Advisory and Support Service
