Cancer in the workplace

2 minute read time.

Last month a new Act of Parliament came into effect across England, Scotland and Wales.  It might have happened fairly quietly but the Equality Act 2010 is hugely significant for people of working age who are affected by cancer.

The Act extends the protections, formerly in the Disability Discrimination Act, to people in work who are diagnosed with cancer and includes new protections for carers.  It covers all aspects of employment – from recruitment to promotion to dismissal.

We know that cancer and its treatment can have a significant impact on someone’s ability to work.  But sometimes a few adjustments to someone’s work load and or work place can make all them being able to stay in or return to work.  And under the Act employers are legally required to consider making ‘reasonable adjustments’ for their staff with cancer.

However Macmillan research shows that the majority of line managers don’t know about their legal responsibilities towards people with cancer.  And less than 40% of people with cancer know about their legal rights in the workplace.  This low awareness means that less than half of people with cancer who were working when they were diagnosed say their employer discussed with them sick pay entitlement, flexible working conditions, or workplace adjustments after the informed their employer about their diagnosis.  These are exactly the kind of adjustments that employers are legally obliged to consider. 

We have launched our Working through cancer campaign to raise awareness of the Act so that employers provide the right support to their staff affected by cancer, and so that people affected by cancer understand their legal rights.

We’ve produced a guide to the new Equality Act together with a resource for employers to support staff with cancer.  These are on www.macmillan.org.uk/work.  Have a look at our online videos which give information and advice on breaking the news, confidentiality, rights and responsibilities, carers and treatments, and the importance of work: http://www.macmillan.org.uk/GetInvolved/Campaigns/WorkingThroughCancer/CancerInTheWorkplace.aspx 

Today we’ve asked every Member of Parliament to write to the top five employers in their constituency to tell them about the Equality Act, pointing them to our website for MPs to get more information.  Please write to your MP to support this campaign and write to employers where you live. 

We would also really like to hear your experiences of work and cancer.  I spoke to an MP recently who couldn’t believe some of the case studies in our Equality Act guide – like the case of Jim’s boss who was being awkward about his request for time off for a chemotherapy appointment.  We want to tell them about the real experiences you have every day at work. 

Anonymous
  • FormerMember
    FormerMember

    A very useful article - thanks for posting it.

    Keep smiling

    love

    Drew

    X

  • FormerMember
    FormerMember

    I posted a response and questions to this post earlier today Beth.  There was also another post before mine.  Now neither of the posts are here.  Can you explain what has happened to them?  There was certainly nothing offensive or controversial in my post.  Thanks Caroline.

  • FormerMember
    FormerMember

    Excellent information. I will be thinking of going back to work soon.

    Thank you Teresa

  • FormerMember
    FormerMember

    My son is due his final vincristine 22/11/10 completing a 3yr chemo regime for ALL. He's 21, feeling good and hoping to get on with his life so applied for a job with HBOS. Honest from the outset and looking for a backshift post so he can continue with monthly am clinic appointments, he cleared all interviews including 3hr one and was told he would soon get a start date. His consultant ok'd the move. Hammer blow comes when recruitment girl phoned, re-interrogated him on his illness and said she'd need to speak to a colleague. 2hrs later she phoned to withdraw job offer,said he was ideal candidate and could maybe get back to them after chemo was finished. He was devastated, I was livid. I made a complaint to the bank 5wks agobut they are dragging their feet. I wonder if the law change would make a difference in his case?

  • FormerMember
    FormerMember

    Hi all

    Thanks for your comments and responses - and sorry for being slow to reply.  Just to say at the outset I can’t give any legal advice, but I hope the information below is useful…  

    Drew – glad you found the article useful, please keep reading!

    Caroline - my mistake I put this post up twice in different places, which is why your comments don't appear on this post.   On page 13 of our Equality Act guide there is a section on carers’ rights, and I’ve listed organisations with contact details below where you can get more information, including Macmillan’s own helpline.  I hope this will be helpful to you in what sounds like a really difficult situation.  

    Teresa - I wish you all the best as you think about returning to work.

    @scapegoat456 – It sounds like you and your son have had a very difficult experience.  I hope the following information will be useful to you.  Our Equality Act guide says that employers “can only ask someone about their medical circumstances after they have been offered the job.  If, on the basis, of this information, an employer then withdraws the job offer they will need to make sure that this is on a non-discriminatory basis”.  

    (Please do read the Equality Act guide in more detail - there are some circumstances where employers can ask about a persons’ health e.g. if it’s required to establish whether you can carry out a function fundamental to the role).

    For further information and advice you can contact the following:

    Macmillan helpline: 0808 808 00 00

    Advisory, Conciliation and Arbitration Service helpline: 08457 47 47 47

    Equality and Human Rights Commission helpline: 0845 604 6610 /              

    www.equalityhumanrights.com

    Community Legal Service helpline: 0845 345 4 345 / www.clsdirect.org.uk

    Disability Law Service: Tel: 020 7791 9800 / www.dls.org.uk

    Best wishes

    Beth