Clare Irvine-Fortescue
- Associate
- Employment
Reflecting on World Cancer Day and how employers can support employees living with cancer
A cancer diagnosis is an automatic disability for the purpose of the Equality Act 2010. This means that those with a cancer diagnosis do not have to satisfy the definition of “disability” under the Act and are protected from discrimination from the date of diagnosis and beyond, including whilst in remission. Those caring for someone with cancer may also qualify for protection under the Act (by way of association).
Due to the statistics on cancer diagnoses, HR professionals are likely to face situations where an employee or worker discloses a cancer diagnosis and / or requires support in dealing with the same. Treatment can be time consuming and intensive – and side effects can be long-term. HR and management should be trained to deal with difficult conversations and should be aware of the risks associated with not handling matters in a lawful manner. Reasonable adjustments must be made in the workplace – including, for example, assessing the workplace and accommodating where possible or practicable any changes that may be required to roles and / or responsibilities.
HR professionals and / or management often lack confidence as to how best to engage with an individual on long-term sickness absence or with long-term health conditions. The situation can also be sensitive where the employee or worker themselves does not have cancer, but they are caring for a dependent who does. Depending on the circumstances, employees may be entitled to unpaid Carer’s Leave, Parental Leave or time off to deal with an emergency concerning a dependent. An employer may also consider agreeing flexible working arrangements on a short-term basis to assist and support the employee.
Employers should consider their policies as well as their practices. Policies should be applied fairly and consistently, noting legal updates concerning statutory rights to time off and / or pay. The rules on Statutory Sick Pay (SSP) are changing from April 2026 – where eligible employees will be entitled to SSP from day one of any sickness absence (rather than day four).
Managing any return to work can also be challenging. It may be appropriate to consider a phased return and whether any employee benefits can further assist. Occupational Health can help navigate any concerns and working arrangements, however, reports from treating Consultants can also be beneficial. An employee is not required by law to disclose all and any medical information or reports to their employer – but being transparent (where possible and appropriate) and opening up a dialogue to allow for effective communication and legal compliance will most likely benefit both parties.
If you have any queries or concerns about the topics raised in this article, please contact Clare or a member our Employment team here.
This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.
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