UK Employment Insights: Movember and Workplace Rights – Prostate Cancer and Employment Law

Génevie Kuiper-Isaacson, Senior Associate

Génevie Kuiper-Isaacson is a tri-qualified lawyer specialising in employment law. She started her career in South Africa, where she ran her own firm, before moving to a prominent commercial firm in London. She has extensive experience advising both employees and employers in relation to a wide range of matters, including unfair dismissal, sex discrimination, pregnancy/ maternity discrimination, disability discrimination, race discrimination, TUPE, whistleblowing, grievance and disciplinary process, settlement negotiations, redundancies, enforcement and defence of restrictive covenants and corporate advisory and training.

It’s November, and all around us, moustaches are growing for Movember. This global movement does a vital job raising funds and awareness for men’s health, covering everything from prostate cancer and testicular cancer to mental health and suicide prevention.

As a cancer survivor and advocate for helping people return to work after cancer, I want to focus on prostate cancer – the most common cancer in men in the UK, affecting about one in eight men in their lifetime. A cancer diagnosis changes everything, and the challenges often continue long after treatment, particularly when returning to work.

Facing a return to the workplace while recovering from cancer can be as daunting as the treatment itself. Fatigue, ongoing appointments, and treatment side effects are common. Many men feel uncomfortable speaking about their ongoing physical and emotional pain, and just as many don’t know where they stand when it comes to employment law.

Depending on the treatment you received and the side effects of the treatment, it is not unusual for recovery to take more than 12 months from the end of active treatment. Be kind to yourself during this period, as recovery is not linear. Seek support and advice if needed. There are several organisations that can assist with workplace issues, including Acas and Working with Cancer.

If you or someone you know has been diagnosed with cancer, you should know that those with or recovering from cancer have significant rights under the employment laws of England and Wales.

Cancer Is Automatically a Disability

Normally, for a health condition to be legally considered a disability, it must meet a specific definition set out in the Equality Act 2010. However, some conditions, including cancer, are automatically considered a disability from the moment of diagnosis.

You are protected for life under the Equality Act 2010. This includes diagnosis, during treatment, during your recovery, and any potential remission. Employers must not discriminate against you because of your current illness or past cancer diagnosis. This protection covers you when you are applying for jobs, going through the interview stage, during employment and extends to any potential termination of your employment.

Considering one in two people will be diagnosed with cancer during their lifetime, it is critical for both employees and employers to understand the legal landscape, their duties, rights and obligations.

Reasonable Adjustments and the Positive Duty to Help

Because cancer is classed as a disability, employers have a legal duty to make “reasonable adjustments” to support employees with cancer.

This is not merely good practice, it is a legal requirement under Section 20 of the Equality Act 2010. Employers cannot refuse reasonable adjustments unless doing so is truly unreasonable, such as being prohibitively expensive or fundamentally disrupting the business. The bar for refusal is high.

If your workplace, working arrangements, or lack of support puts you at a “substantial disadvantage” compared to non-disabled colleagues, your employer must act and provide reasonable adjustments.

A reasonable adjustment (under the Equality Act 2010) is a change your employer must make to remove a barrier you face because of your disability. This can be temporary. For example, if you are recovering from prostate cancer and suffer from severe fatigue, requesting to work reduced hours (say, 4-hour days) for the first six weeks as a phased return would be a classic reasonable adjustment request.

This is not the same as a flexible working request (which falls under the Employment Rights Act 1996). The request for flexible working is the right for any eligible employee to request a permanent change to their contract (for example, to permanently work from home two days a week). An employer can refuse this request on the basis of several specified business reasons.

In contrast, a reasonable adjustment is a much stronger right for an employee with a disability (including cancer). A phased return to manage fatigue isn’t a permanent contract change; it’s a temporary adjustment to help you get back to full strength.

Reasonable Adjustments for Prostate Cancer

Following a cancer diagnosis, many people need time off for treatment. Every person’s journey is unique, as is the point when they feel ready to return.

Before you return, your employer should discuss potential adjustments with you and may seek input from an occupational health adviser. Be honest when you speak to the occupational therapist about where you are in your treatment and recovery. This will inform the suggestions they make in their report, which in most cases your employer will follow. It is important to review any report before it is sent to your employer, and you should ensure that a phased return to work is suggested.

Ask your HR or line manager if your company has a cancer policy. It is generally advisable to phase your return to work slowly over a 12–16-week period as this will give you the best chance for staying in long-term employment. Returning to work is a marathon, not a sprint; there will be good days and there will be days where you feel like you are regressing. Be honest with yourself and your line manager and above all, be flexible.

In practice, reasonable adjustments for someone recovering from prostate cancer could include:

• A phased return: This is the most common and effective adjustment. You might start with fewer days per week, gradually increasing to your normal hours as your stamina improves. 
• Flexibility for appointments: Time off for hospital visits or treatment should not affect pay or sickness records.
• More frequent breaks: Prostate cancer treatment can cause urinary side effects. Allowing short, frequent breaks is a reasonable adjustment.
• Workspace or location changes: Working from home (part-time or full-time) may help manage fatigue or commuting stress. You can also suggest varied employment hours to avoid peak times on public transport or roads.
• Adjusting duties or targets: Temporary modifications, such as reducing heavy lifting or high-pressure tasks, and adjusting performance expectations during recovery.

These adjustments are typically low-cost and achievable for employers, who are legally obliged to comply with such requests.

It is advisable to document your interactions with your employer regarding your return to work, as well as any conversations surrounding reasonable adjustments or permanent adjustments. Having a clearly written record of these conversations allows everyone to stay on the same page and may be needed if any disagreement arises later. If you do have verbal meetings, send a polite note after the meeting confirming what was discussed.

What If I’m Treated Unfairly?

The Equality Act 2010 protects you from unfair treatment due to your cancer or related needs, such as time off for appointments.

For example, if your employer cuts your pay or demotes you because you take time off for treatment, this may be unlawful discrimination and a failure to make reasonable adjustments.

One of the questions we get asked most frequently is about redundancy protections for those living with cancer. Being protected under the Equality Act does not guarantee immunity from redundancy. If a redundancy is genuine, it may still be lawful to select you for redundancy and ultimately dismiss you as a result. However, your employer must make reasonable adjustments throughout the process and the reason for your selection should not be tied to your diagnosis of cancer. For instance, if you are too unwell to attend consultation meetings, you can request the process be postponed or altered. If you suspect that you have been unfairly selected for redundancy due to your disability (cancer diagnosis) you should seek legal advice immediately.

Your Next Steps

If you are living with prostate cancer and concerned about returning to work, start with an open conversation with your employer or HR department.

Be clear about your health, share as much information as you are comfortable with, and outline how it affects your work. Suggest adjustments, like a phased return, reduced workload or flexible start times. Most employers see reasonable adjustments as a way to help you return to being a productive team member. They are usually willing to support you. If you feel you are being treated unfairly or denied a reasonable request, seek advice from a solicitor.

Movember is about supporting men’s health, and that support must extend into the workplace. Know your rights, and don’t be afraid to ask for the adjustments you need to make a successful return to work.