Breast cancer is one of the most common types of cancer in the UK. Every year, the month of October is dedicated to breast cancer awareness.
How are employees with cancer protected?
Under Schedule 1 of the Equality Act 2010 (the Act), a diagnosis of cancer automatically qualifies as a disability. This means that if an employee has a cancer diagnosis then they cannot be subjected to less favourable treatment in the workplace either as a result of their diagnosis or for reasons connected to their diagnosis. This protection against discrimination extends to when employees are in remission and applies regardless of whether they have symptoms or consider themselves disabled as a result of their cancer diagnosis.
There is no obligation on an employee to inform you that they have cancer. However effective communication about cancer can be very helpful to everyone concerned and allow you to implement any identified reasonable adjustments to support your employees during this difficult time.
How can you support your employees during this time?
As briefly mentioned above, under the Equality Act 2010 employers are obligated to make any identified reasonable adjustments for employees who are regarded as disabled. These adjustments are typically either changes to the workplace or the employee’s role that allow them to continue working or return to work (whether in a full or reduced capacity). A reasonable adjustment can be requested by your employee. Both you and your employee can suggest what reasonable adjustments may help through a consultation process. You may consider obtaining medical advice if an employee needs help in deciding which adjustments are needed, for example, an Occupational Health assessment.
Whether or not your employee is an individual with a cancer diagnosis or they are the individual supporting a loved one through their cancer diagnosis, we encourage employers to consider the following workplace support strategies:
- Options for time off: reasonable adjustments may include allowing employees to take paid time off work to attend medical appointments. It is important to ensure that you implement and maintain clear policies regarding sickness leave.
Employees may also be entitled to occupational or company sick pay in addition to Statutory Sick Pay (SSP) – this additional entitlement is often stipulated in an employee’s contract of employment.
In certain circumstances, employees can take one or two unpaid days off as ‘time off for dependents’ in order to deal with an emergency affecting e.g. their spouse, civil partner, child or parent. Emergency leave is when an employee needs to take time off suddenly and unexpectedly, for example, to arrange for the care of a family member. If an employee finds themselves in this predicament, they should look to inform their line manager as soon as possible.
- Hybrid and/or flexible working policies: as cancer treatments can often cause extensive fatigue, having the ability to work flexible hours can potentially allow an employee to work when they have the most energy and help alleviate any pressures they may be feeling about this. Whilst you may already have hybrid and/or flexible working policies within your business, it may be worth discussing these policies in further detail with employees if they disclose their cancer diagnosis or the cancer diagnosis of a loved one.
How can you support your employees who are experiencing grief?
In the UK, 1 in 2 people will be diagnosed with cancer in their lifetime. This means that unfortunately, although cancer survival in the UK has doubled within the last 40 years, you may be in a position where your employee or their loved one passes away. Our previous article which provides suggestions on supporting employees experiencing grief is available here.
Our employment team have vast experience in assisting employers with creating policies in relation to family life and agile working. Recognising the uniqueness of each organisation and individual, we take pride in providing tailored solutions to meet your specific requirements. We invite you to call us now on 0141 473 6783 to learn more about how we can help you navigate this complex and rapidly changing landscape with confidence and ease.
Our team is dedicated to working closely with you to gain a thorough understanding of your business, its unique needs, and desires. We strive to provide tailored solutions that work and truly make a difference for you, your employees, and ultimately your business. Our goal is to become the firm that you trust to make your world better.