* This blog was updated 15/12/2016

Each year, almost 132,000 people diagnosed with cancer in the UK will be in employment at the time they are diagnosed.

Whether you are an employee, carer, business or health professional, we can provide support and information about work and cancer. In this blog, editor Steven explains more about your rights at work when you have cancer. 

Cancer can have a big impact on work. Our website has lots of information on work and cancer. Here you can find out about the laws in place to protect against discrimination, and get tips on dealing with cancer in the workplace. We also have a booklet Your rights at work when you're affected by cancer that has more information.

Cancer and the side effects of treatment can be intense. Some people may be able to continue working through treatment. Other people may have to stop. Taking time off work can leave you feeling angry, lonely and worried about your finances.

If you have cancer and are in paid employment, or you care for someone who has cancer, your employer should try to help and support you. Where reasonable, they should make changes to let you do your job during and after your cancer treatment. Legislation protects you from being treated unfairly at work because of cancer. If you live in England, Scotland or Wales, the Equality Act 2010 protects you. The Disability Discrimination Act 1995, protects you if you live in Northern Ireland.

This legislation doesn’t just protect employees. It also protects job applicants and people who are self-employed. And it doesn’t end when your cancer treatment finishes. Your employer must not treat you less favourably for any reason related to cancer that you have had in the past.

The image shows two statistics: Almost 1 in 5 people (18%) who return to work after cancer say they experience discrimination from their employer or colleagues. More than a third (35%) report other negative experiences such as feeling guilty for having to take time off for medical appointments and a loss of confidence in their ability to do their job.

Terry, 58, from Southport, was diagnosed with lymphoma in 2010. After treatment he was dismissed from his job and successfully sued the company for unfair dismissal and discrimination.

The image shows a quote which reads: Initially my line manager was supportive when I told him I had cancer – he said they’d continue to pay me and to take any time off I needed. But I’d only been back at work for a couple of weeks after treatment when he informed me they’d have to let me go. He made it clear he was sacking me because I had cancer, saying they didn’t want to hinder my recovery and that by sacking me it would reduce the stress on me.  I went into a state of shock. When I told my wife she burst into tears, it was awful, we had a new born baby and it was the most horrible time for both of us. We really struggled financially during this period and the stress and worry of it all impacted on my recovery.

Discrimination happens when an employee is treated less favourably than another person because of their disability. Discrimination can affect different aspects of employment, such as:

  • the recruitment process
  • terms, conditions and benefits
  • opportunities for promotion and training.

Under these acts, employers are requested to make reasonable adjustments to make it easier for an employee with a disability to work.

Discriminatory actions fall under three categories:

  • direct disability discrimination
  • discrimination arising from disability
  • indirect disability discrimination.

Legislation also protects employees from:

  • disability harassment – when an employee experiences unwanted behaviour due to their disability
  • victimisation – when an employee is treated unfairly after making a complaint.

Under the acts, carers are also protected from direct discrimination and harassment.

In the below video, Helen talks about finding she had bowel cancer while in employment and how she discussed this with her employer. Stewarts Law, partner Tim Spillane, also explains how the law protects people in employment with cancer from discrimination.