World Cancer Day – Employment law for those living with cancer

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.

Tuesday 4 February marks World Cancer Day, a time to raise awareness, improve education, and take action against cancer. It is also a good time to remind those going through cancer of their rights as employees.

If you have cancer or are recovering from cancer, you are entitled to disability protection under the law. From the moment of diagnosis, you are protected from discrimination, and this protection continues after you have been successfully treated.

If you live in England, Scotland or Wales, you are protected under the Equality Act 2010. If you live in Northern Ireland, you are protected under the Disability Discrimination Act 1995.

You do not need to be in full-time employment to be protected from cancer discrimination (the law applies to part-time employees and workers as well). The law protects you from discrimination when applying for jobs and prevents you from being dismissed for reasons connected to your cancer diagnosis. The Equality Act 2010 will also protect you from discrimination if you are self-employed or even a student at school or in further education.

The legal protection against discrimination does not end when your cancer treatment finishes – you will continue to have legal protection against discrimination even when you no longer have cancer, and this protection applies if you move to another employer. You are entitled to ask for reasonable adjustments, which can include a phased return to work, flexible working, additional rest breaks, and reduced workload, to name but a few.

Employers must do their part too by supporting staff with cancer. While employers sometimes feel uncomfortable discussing cancer in the workplace, the sharp rise in the number of working-age people living with cancer will make these conversations increasingly difficult to avoid. Beyond this, research has shown that a well-managed return to work policy can have therapeutic benefits to those undergoing cancer treatment.

World Cancer Day is a reminder that cancer touches millions of lives globally. Employers must do their part too by supporting staff with cancer. While employers sometimes feel uncomfortable discussing cancer in the workplace, the sharp rise in the number of working-age people living with cancer will make these conversations increasingly difficult to avoid. Beyond this, research has shown that a well-managed return to work policy can have therapeutic benefits to those undergoing cancer treatment.

As someone who has returned to work following cancer treatment ten years ago, I know how important a flexible policy can be. Each diagnosis is different, and a supportive employer can make all the difference to those going through cancer. To all those currently going through cancer in the workplace, or supporting loved ones through it, you have my sincerest moral support. We all know someone who has been affected by cancer; this is something that affects us all.