March 2025 marks Ovarian Cancer Awareness Month.
Receiving a disclosure of a cancer diagnosis from one of your employees can be very distressing. You will be deeply concerned for your employee’s health and wellbeing, whilst also worried about how their sickness may affect your business operations.
Fortunately, there are several steps you can take to support your employees.
From making reasonable adjustments to providing compassionate support, you can empower your employees in the workplace and enable a smooth transition back after a period of absence – helping your employee to take care of their health without compromising on the success of your business.
Cancer and employees’ rights
If an employee has cancer, this is regarded as a disability under UK law, meaning employees with cancer are protected against discrimination under the Equality Act 2010. This applies to those whose treatment has been completed and whose cancer is in remission.
As an employer, you are legally obliged to support your employees and cannot treat them unfavourably because of a cancer diagnosis.
Reasonable adjustments
Under the Equality Act, you are obliged to try to make reasonable adjustments for disabled employees.
Reasonable adjustments are changes to the employee’s job or workplace that enable them to continue working. Examples of reasonable adjustments could include:
- Altered working hours or shift patterns.
- Allowing paid time off for to medical appointments.
- Implementing a phased return to work after time off.
- Factoring in extra breaks to prevent exhaustion and further ill health.
- Making changes to the employee’s job description.
- Changing performance targets.
- Providing assistive equipment or software.
You should ask your employee about what reasonable adjustments can be made to assist them.
Every person affected by cancer will have different needs and require different adjustments. It is important not to assume what your employee will need – open communication is vital for ensuring you can agree on suitable adjustments to support your employee.
The duty to make reasonable adjustments does not mean you are obliged to meet all requested adjustments. However, you must have a good reason for not agreeing to a requested adjustment.
Confidentiality
An employee’s right to keep their medical information private is protected under UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
The Access to Medical Reports Act 1988 also states that you must ask your employee’s permission to get a medical report from their doctor or other health professional. Your employee has the right to:
- View the report before it is given to you.
- Refuse permission for you to get the report.
You may want to talk to your employee about whether they want colleagues and clients to be told about their condition. You must not give out this information without your employee’s consent.
You should take care to protect your employee’s personal records, including emails and any meeting notes containing details about their condition. This type of personal data should only be used with your employee’s permission.
Paying an employee on sick leave
Your employee may be eligible for Statuary Sick Pay (SSP), which is £116.75 a week for up to 28 weeks.
You can offer more if you have a company sick pay scheme, but you cannot offer less.
Your company scheme (which may also be called ‘contractual’ or ‘occupational’ sick pay) must be included in an employment contract.
Employees who are off work sick for more than four weeks may be considered long-term sick. This is likely to be the case for employees with a cancer diagnosis, due to the length of treatment and the time it takes to recover.
The right to accrue paid annual leave continues while an employee is on sick leave, even if that period exceeds 12 months.
You cannot force your employees to take annual leave when they’re eligible for sick leave.
They must also be permitted to carry over their full holiday entitlement to the following year.
However, employees do not have the right to carry over their holiday entitlement for an indefinite period whilst on extended sickness absence.
You can seek to cap the length of time in which any such holiday entitlement must be taken. Current case law suggests that this period should be limited to a maximum of 18 months.
Dismissing a long-term sick employee
Dismissing an employee because of long-term sickness from their cancer diagnosis should always be a last resort following a sickness management process.
If your employee thinks they have been unfairly dismissed or discriminated against, they could take their case to an employment tribunal.
Remember, it is against the law to treat an employee less favourably because they have cancer. This amounts to discrimination under the Equality Act.
Your sickness management process should include exploring all other options fully, such as flexible or part-time work, or asking your employee to do different work (with training if necessary).
Employees could make a claim for failure to make reasonable adjustments.
You must always consult with your employee about when they could return to work and if their health will improve.
Supporting you and your employees
A cancer diagnosis is an emotional time for everyone involved, and we know that supporting your employees’ health and wellbeing is of the utmost importance.
Our specialist employment law team can advise you on your legal responsibilities as an employer and how you can support employees through periods of ill health.
If one of your employees has been diagnosed with cancer, it is essential to provide appropriate support and meet your legal obligations. Contact us today for tailored advice and guidance.