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How to Manage Cancer in the Workplace

How to Manage Cancer in the Workplace

The ability to manage cancer in the workplace is becoming increasingly relevant for many employers and employees. More than 100,000 people of working age are diagnosed with cancer each year, in addition to the 700,000 people of working age living with cancer. There are also an estimated 500,000 carers of people with cancer working in the UK. This means that employers should understand their obligations to these employees, helping them through a difficult and stressful time.

People with cancer are protected from discrimination by law. Everyone with cancer is classed as disabled under this legislation, including people who have had cancer in the past and are in remission. Under the Equality Act 2010, it is unlawful for an employer to discriminate against a person because of their disability.

There are various types of discrimination which an employee with cancer could be subjected to:

  • Direct discrimination: when a person receives less favourable treatment compared to someone who doesn't have a disability, e.g. an individual being rejected for a job because of a previous cancer diagnosis
  • Discrimination arising from disability: when a person is treated less favourably because of something relating to their disability, e.g. an individual is given a poor appraisal because they missed targets due to treatment and cancer-related fatigue
  • Indirect discrimination: this is when there is a rule, policy or practice that applies to everyone, but when applied to the person with cancer, they are put at a disadvantage, e.g. in a redundancy situation, sick leave is used as a criteria for redundancy, which would put any employees with cancer at a disadvantage compared to other employees
  • Harassment: when someone experiences unwanted behaviour related to their disability which makes them feel intimidated, degraded or offended, e.g. an individual is teased by her colleagues as a result of her hair loss following chemotherapy
  • Victimisation: when an employee is treated badly because of a complaint they have made under the Equality Act 2010
  • Discrimination by association: where someone has experienced discrimination or harassment because they are associated with someone with a disability

Under the legislation, employers also have a duty to make reasonable adjustments for their employees. This might include looking at options such as:

  • Offering a phased return after a period of absence
  • Providing the employee with time off to attend medical appointments
  • Modify their job description should this be required
  • Flexibility around hours of work or location (i.e. letting an employee work from home)
  • Providing the employee with extra breaks
  • Making adjustments to performance targets
  • Considering the accessibility to buildings

Managers are often the ones who are dealing with employees who have been diagnosed with cancer, and therefore training might be appropriate for having sensitive conversations.

This is an area which needs to be dealt with care and compassion, ensuring compliance with the legislation.

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