Supporting Employees with Cancer

Managing employees with cancer is an area where employers must demonstrate both compassion and legal awareness. A cancer diagnosis can have a profound impact on an employee’s life, and as an employer, your support can make a crucial difference in their wellbeing and ability to stay in or return to work.

At the same time, it’s vital to understand your legal obligations, particularly when it comes to employee cancer rights under the Equality Act 2010 and other employment laws.

This comprehensive guide aims to help employers navigate this sensitive area responsibly, respectfully and within the law.

Cancer and the Equality Act: Understanding the Legal Framework

Cancer is legally recognised as a disability under the Equality Act 2010 from the point of diagnosis. There’s no need for a test or assessment, employees are automatically protected under the law.

This means employers have two primary responsibilities:

• Avoid discrimination: Direct or indirect discrimination, harassment, or victimisation related to cancer is unlawful.
• Make reasonable adjustments: You are legally required to make reasonable accommodations to support the employee at work.

What Does “Reasonable Adjustments” Mean in Practice?

These are changes to the workplace or the employee’s role that help level the playing field. Some common examples include:

• Flexible working hours or remote working options
• Extra breaks during the day
• A phased return to work after treatment
• Modifying duties or offering lighter tasks
• Moving their workspace closer to key facilities (e.g., toilets or break rooms)

When assessing what’s reasonable, you must consider:

• The nature of the employee’s role and needs
• The size and resources of your organisation
• The practicality and cost of the adjustment

Refusing a reasonable adjustment without sound justification could expose your business to claims of disability discrimination.

Managing Sick Leave and Statutory Sick Pay (SSP)

Employees undergoing treatment may need time off due to illness or side effects. As an employer, you must ensure they are aware of (and have access to) sick pay provisions.

Statutory Sick Pay (SSP)

To qualify, employees must:

• Be classed as employees (not self-employed contractors)
• Earn an average of at least £125 per week
• Have been off sick for more than 3 consecutive days

Many employers offer enhanced sick pay, often called company sick pay, which goes beyond the minimum SSP. It’s important to:

• Review your employment contracts and sickness absence policy
• Clearly communicate entitlements to the employee
• Track and manage absence proactively and supportively

If your company offers group income protection or other health insurance, this could provide valuable financial support to affected employees. Make sure your HR team can explain these benefits clearly.

Occupational Health and Fit Notes

For absences longer than seven days, employees are required to provide a Fit Note from a healthcare professional.

Employers may also choose to refer employees to Occupational Health. This isn’t about questioning their illness, it’s a way to gain expert medical guidance on:

• How the condition affects their ability to work
• What adjustments would support a return
• Whether a phased return is appropriate

You’ll need the employee’s consent before any report is shared, and this process should be handled sensitively.

Time Off for Medical Appointments

While there’s no automatic right to paid time off for medical treatment or appointments, refusing time off for essential treatment for cancer can be seen as discriminatory.

Best practice is to:

• Allow reasonable paid or unpaid time off
• Consider formalising your policy on medical appointments
• Be flexible and empathetic—rigid policies may not reflect legal obligations or public expectations 
• Supporting a Phased Return to Work

When an employee is ready to return, work with them to create a return-to-work plan that reflects their needs and medical advice.

This might include:

• A gradual increase in hours (e.g., starting with part-time)
• Adjusted duties
• Continued access to remote work or flexible schedules
• Regular check-ins to review progress

Avoid pressuring the employee to return before they feel ready. A supportive and flexible approach benefits both the employee and your organisation by improving retention and morale.

Flexible Working Requests and Cancer

All employees have the legal right to request flexible working twice per year, and as an employer, you are legally required to consider these requests fairly.

Requests could include:

• Changing start or finish times
• Working fewer days
• Remote working or hybrid arrangements

If you refuse a request, you must provide a valid business reason, and your decision must not be based on assumptions about the employee’s health or productivity. Unreasonably turning down a flexible working request for an employee with cancer could be considered discriminatory.

Dismissal and Cancer: What Employers Need to Know

Dismissing an employee with cancer solely because of their condition is unlawful.

Before considering dismissal for capability or performance, employers must:

• Explore and document all reasonable adjustments
• Consider alternative roles or redeployment
• Engage in fair, transparent dialogue with the employee
• Follow a proper disciplinary or performance management process

Failure to do so could result in claims of unfair dismissal and disability discrimination, both of which carry reputational and financial risks.

Ill-Health Retirement and Pension Rights

Some employees may choose to explore ill-health retirement if they’re unable to return to work. If your organisation offers a workplace pension scheme, you should:

• Explain the eligibility criteria for ill-health early retirement
• Support employees through the application process
• Liaise with your pension provider for accurate information

Be sure to communicate this option compassionately, and never suggest retirement unless the employee has raised it themselves.

Supporting Carers in the Workplace

It’s not only employees with cancer who are affected, carers, friends, and family members may also need support.

Employees caring for someone with cancer are protected under “discrimination by association.” Employers should ensure they understand carers’ rights, which include:

• Reasonable time off for emergencies
• One week of unpaid carer’s leave per year (for eligible employees)
• The right to request flexible working

Treating a carer unfairly, such as denying a promotion based on their responsibilities, could be unlawful.

Creating a Supportive Workplace Culture

While legal compliance is essential, building a compassionate workplace culture is equally important when managing employees with cancer. Consider:

• Offering mental health support or access to counselling (via an Employee Assistance Programme, if available)
• Training managers on how to have sensitive conversations
• Maintaining confidentiality at all times
• Encouraging open dialogue while respecting personal boundaries. 
• What Employers Should Do If Things Go Wrong

If an employee raises a concern or grievance related to their cancer treatment or care:

•  Investigate the issue fairly and promptly
• Keep detailed records
• Engage HR or legal advisors if needed
• Consider alternative dispute resolution (e.g., mediation)

External bodies such as ACAS and Citizens Advice offer resources for resolving disputes, but it’s best to address issues internally wherever possible.

Conclusion

Managing employees with cancer requires a careful balance of legal compliance, emotional intelligence, and flexibility. Understanding employee cancer rights is not just a legal necessity—it’s a way to demonstrate integrity, compassion, and leadership.

By taking proactive steps to support affected staff, you foster loyalty, protect your organisation from legal risk, and create a more resilient, inclusive workplace.

Further Resources for Employers

• ACAS – Managing Disability in the Workplace
• Macmillan at Work – Resources for Employers
• CIPD – Supporting Employees with Long-Term Health Conditions

How Target HR Can Help

Supporting employees through Cancer diagnosis, treatment and recovery is challenging. If you’d like advice, guidance or support, please get in touch – our approachable, knowledgeable and expert HR team would be happy to help.