Job Hunting and Cancer

It can’t be put off any longer. Applying for a new job is a job in itself: updating the CV, filling out the application form, then the dreaded interview questions.

If you have cancer you may be putting it off because you don’t know “what to say?” or “what you should say?” or “what you have to say, if anything?” about having cancer or having time off for treatment.

Don’t put it off. Knowing where you stand legally and what your rights are can help.

Read the answers to some of our most frequently asked questions by job hunters:

Do I have to answer questions about my disability and sickness absence record in an application form?

Questions about disability and sickness absence records are questions about health and potentially discriminatory. There are very limited circumstances where a prospective employer can ask health-related questions before you are offered a job. For example where they:

need to know whether you require any reasonable adjustments to the recruitment process e.g. the arrangements for the interview / assessment process;
operate the government’s ‘Two Ticks’ scheme for people with a disability;
are advertising specifically for a disabled person; positive discrimination;
are monitoring diversity race, gender, sexuality, religion, age and disability. This should be optional and separate to your application;
need to know if you have a health condition that would affect your ability to carry out an essential part of the job e.g. physical requirements.

Do I have to tick the “disability” box on the application form?

Cancer is a deemed “disability” under the Equality Act, but many people with cancer don’t see themselves as disabled. Questions about disability are potentially unlawful unless it is for one of the reasons above e.g. diversity monitoring. Leave it un-ticked if you are unsure why the question is being asked.

Can a prospective employer ask my old employer about my sickness record?

This is a health related question. It is potentially discriminatory to ask for your sickness records e.g. via a reference request.

Do I have to tell a prospective employer I have cancer – even if in remission?

No, unless the circumstances in the question above ‘Do I have to answer questions about my disability and sickness absence record in an application form?‘ applies and particularly whether your medical history is intrinsic to your ability to do the job and/or you think failing to disclose this may risk health and safety.

Should I disclose my cancer? How do I decide?

The nature of the job may be such that there are overriding reasons such as health and safety where you have no choice but to disclose this. Often, however it is a personal judgement call, taking into account your condition – symptoms, stage of treatment etc. and the job itself. Talking it through with someone can help; someone who has been through this, someone you worked with, or maybe even a life coach?

You decide to tell your prospective employer:

You want the relationship with your new employer to be open
Your symptoms are noticeable and you want to explain these
You can do the job, but want support
You don’t need any support from them now, but you might in the future

You decide not to tell your prospective employer:

It’s private and you don’t feel comfortable telling people
You are in remission or don’t think your symptoms would impact on the job
It is not relevant to your work /you want a fresh start
You are worried that you won’t get the job

Many people are concerned that if a prospective employer finds out that they have cancer their application won’t be taken forward. Whilst you can’t protect against an unscrupulous employer, you do however have protection from disability discrimination if they unlawfully base their recruitment decisions on your disability.

If they at least know about your condition then you should get the support/ flexibility you need, or, if you don’t then you can rely on your legal protection from disability discrimination. If, however they don’t know, how can they support/ protect you?

There is no right or wrong answer. It may ultimately come down to timing and waiting until the time is right or not. You might tell the employer at interview or when you get the job. You might wait until you are established and have built a relationship.

How do I explain the gap in my CV when I was having treatment for cancer?

Everyone has a gap or two in their CV to explain, not least because we are just coming out of a recession, but it is obviously more sensitive when the reason is due to cancer. Whilst you don’t want to start your new job on the back foot or risk compromising the relationship later on, it is your right to keep this confidential. How you explain this is your call and the same factors come into play as above under 5.

Confidence can take a hit going back out into the market, but the fact that you have cancer does not account for your entire CV. Your new employer wants to know what you can do for them not what you can’t do. You have skills, qualifications, experience and life experience to get across! These should be the focus. Employers, increasingly understand, many through personal experience, that people with cancer are getting on with their lives and work is very much a part of this.

Can they ask questions about my cancer during the interview?

If you decide to talk about your cancer at interview, then that is your decision. An interviewer should accept what you have said and move on without asking you any follow up questions. Employers are not however allowed to ask you questions about health/disability before shortlisting/ offering you a job except in limited circumstances.

I have been offered a job, but it is subject to a medical check-up/ questionnaire. Do I have to agree to this?

Employers can make job offers conditional on satisfactory responses to pre-employment medical checks/ enquiries. However, what they can’t do is discriminate against job applicants on the information revealed by those checks. They can’t just withdraw the job offer because the health checks reveal you have cancer. The checks must be relevant to the job and reasonable adjustments considered for disabled applicants.

I did not disclose my cancer history when I applied for my job. There was no medical check-up. I am still in my probationary period, but now have to have time off for further treatment. Could I be dismissed for not disclosing this?

Information about your health is confidential to you. It is your decision whether you reveal that information to a prospective employer unless this is intrinsic to your ability to do the job and/ or is a potential health and safety risk. That said, if you are asked a lawful question about your health e.g. as part of a medical questionnaire you should answer that question in good faith. If your condition impacts on your ability to do your job then your employer should consider whether there are any reasonable adjustments that could be made. A failure to do so is potentially discriminatory.

If you are subsequently disciplined or dismissed because you did not disclose that you have cancer and/or have to have time off for treatment then that is also potentially discriminatory unless there is an objective business reason justifying this e.g. you could not be employed in that job for health and safety reasons. If you are discriminated against you can appeal or raise a grievance internally. Ultimately you can take legal action.

I didn’t get the job I applied for. I think my application has been rejected because I disclosed that I had cancer. What can I do?

It is unlawful for your prospective employer to ask you a health question before employment, except in limited circumstances. Asking the question is not in itself automatically discriminatory – it is the action that is taken in response to that question that could be discriminatory.

If you believe that your application has been rejected because you disclosed you have cancer that is potentially discriminatory. The onus is on your prospective employer then to show that this was not for a discriminatory reason but for an objective reason e.g. there was a better qualified candidate.

Proving that there has been disability discrimination can be difficult, although it can be easier where you know the other candidates’ skills and qualifications. You may however be able to make a request for disclosure of information from the prospective employer that might throw light on the recruitment decision.

If you believe you may have been discriminated against then you should seek legal advice.

The employment relationship is two-way. Don’t forget you are interviewing the employer too.

You have just dealt with and emerged from one of the most difficult challenges life has. You may be still going through it. Just consider what you have learned through this and the positive changes you have made to your life. Focus on what you can bring to the job and how you are the best candidate. Go for it!