How best to disclose

Hello Grey beard 

Thank you for your question. My name is Polly, and I am a work support adviser on the Macmillan support line.

I am sorry to hear that your daughter needs further surgery for a recurrence of her Astrocytoma.

Cancer is a recognised disability under the Equality Act 2010 or the Disability Discrimination Act 1995 if you live in Northern Ireland.

In England Scotland and Wales, the Equality Act applies to the recruitment process so candidates for a role should not be questioned about their health unless being in peak physical condition is a qualification for the job (for example the fire service, the police force, or the army). In Northern Ireland prospective employees can be asked about health during recruitment.

The purpose of the act is to create a level playing field so that the candidate who gets the job is successful because they have the personal qualities, the experience, and the qualifications to fill the vacancy. Many employers will ask successful candidates to complete a health form after the job offer is accepted and a start date is identified.

If she did not disclose her cancer diagnosis on the health form, then she needs to apologise and explain that it was an error. It is usual for these types of forms to require a signature stating that everything on the form is true.

When the employer has knowledge of your daughter's cancer diagnosis then all the obligations and responsibilities of the Equality Act or the Disability Discrimination Act come into play.

She is protected from disability discrimination so it is unlikely the employer will just dismiss her once they find out she has cancer because this would be discriminatory.

The employer must make reasonable adjustments to help her at work.

This means the employer must be ready to change policies and procedures, provide equipment and change the location of the job if your daughter encounters disadvantages to employment because of her cancer diagnosis.

In the normal course of work if an employee on probation fails to attend work, they can lose their job because they fail their probation. For a cancer patient who requires treatment throughout the probation the employer can make the reasonable adjustment of extending the probation period until she's ready to come back to work and resume her job.

Please may I add – she has every chance of keeping her job but she must remain positive and be up front. Sadly, there is no guarantee that the employer will feel the same way.

Please see Work and Cancer Booklet and Managing Cancer in the Workplace.

Please also review the information on the ACAS website