Cancer in the Workplace

More than 120,000 people of working age (18-64) are diagnosed with cancer each year in the UK (Institute for Employment Studies, 2022) . Encouragingly, however more people are living with and working through cancer. The headlines and statistics about returning to work are not so encouraging.

For those employees diagnosed with cancer who do return to work, research from Macmillan Cancer Support found that almost one-fifth (18%) face discrimination from employers or colleagues once they are back to work.

The return to work can be isolating, especially if someone has been off for a while and has lost confidence or contact with colleagues. It can also be exhausting. Employees can suffer from fatigue and so need time and support to build up their robustness.  Many employees and their employers simply don’t know what their legal rights and obligations are.

What protection is there for employees with cancer?

Cancer is deemed a protected disability under the Equality Act (“EA”) 2010.

Unlike unfair dismissal, where employees normally have to have two years’ service, to gain protection, employees with cancer have automatic protection from discrimination from day one of their diagnosis. This protection continues even if their cancer is in remission.

What does this mean in practice?

Basic rights under the Equality Act (“EA”) 2010

• An employer should not discriminate against an employee because of their disability or for a reason relating to their disability. E.g. from recruitment, to the terms and conditions afforded during employment, sick pay and leave to dismissal/ redundancy.
• An employer has a duty to consider any reasonable adjustments to prevent an employee being put at a substantial disadvantage at work because of their cancer. A failure to comply with this duty could be discriminatory.
• What is reasonable? This depends upon the employer’s size and resources, cost and what is practicable and effective.
• Examples: phased return to work, lighter duties, reducing hours, start and finish times, location e.g. working from home, redeploying, providing training/mentoring, modifying the workplace or equipment etc.

Damages in disability discrimination claims are uncapped. However, it’s not just the financial cost, but the human cost. Help and guidance is available for both employees and employers from the Employment Law team at Machins Solicitors. Macmillan’s employer’s toolkit is one resource.