Home > Health & Wellbeing > Cancer: Your Rights as an Employee

Cancer: Your Rights as an Employee

By: Abigail Taylor - Updated: 17 Jul 2018 | comments*Discuss
 
Cancer Work Disability Discrimination

Most people suffer a sense of deep shock when they are told that they have cancer. Many choose to confront this potentially life threatening disease head on, and try to continue their life with as much normality as possible. For many, this also means choosing to keep on working. Others find that they need to keep working as much as they can for financial reasons.

Support from your Employer

Employers should be understanding about the fact that you are going through a very stressful time and should relate to you in a supporting manner to help you cope with the cancer and its treatment.

Before Treatment

Before treatment, it's often difficult to know just how the treatment may affect you, and it's helpful to let your employer know this so that they are aware that you may need to change your work plans at short notice.

You may need to contact your employer out of office hours, so it may be worth asking if they are prepared to give you contact details in case you need to contact them out of the office. Most employers will be happy to give you their mobile number, or an email address they can remotely access.

Communicate with your employer or HR manager; they may be able to make changes to your duties and your working hours to enable you to continue working throughout your treatment. Understandably, some employers may not have had any experience of dealing with an employee with cancer before, so the more you communicate with them, the more they can try to support you in the best way possible. It is likely that you will need to take time off work for treatment and recuperation during your treatment. This time off can be taken as:

  • sickness absence
  • an agreed reduction in working hours or days per week (for example if you need to attend a weekly hospital appointment)
  • paid holiday
  • a combination of the above

Your employer or HR manager should be able to give you all the information you need about your company's sickness policy and how much paid and unpaid leave you are entitled to.

Reasonable adjustments

Your employer must by law make reasonable adjustments for you to ensure both your safety at work, and to enable you to continue working with an illness if you wish to do so. What constitutes 'reasonable adjustments' will largely depend upon your type of employment. For example:

If employed in a factory - can you do your work sitting on a stool rather than standing so it is less tiring?

If employed in a restaurant - can you take your break in small chunks more regularly, rather than a full hour at once?

Some adjustments can be expected to be considered across every role however. These include:

Reducing your working days to work part-time

Altering your working hours (for example to start earlier and have a longer lunch break to enable you to attend local appointments during this time)

Altering your working environment to make your work less tiring in some way - for example locating you next to equipment you need, or providing a trolley to reduce the need to carry heavier items.

Discuss adjustments with your employer

You should discuss any adjustments that you feel would benefit you in dealing with your illness with your employer. Whilst your employer has a legal duty to make reasonable adjustments, the onus is on you to tell your employer what you feel you need, or what particular aspects of your work you are finding challenging. Identify any problems to your employer so that they are aware of these issues and can consider solutions with you. Be aware that your employer may be unable to offer an adjustment (for example starting earlier), but they should explain their reasons for not allowing any requested adjustment with you. Just because a requested adjustment is not made does not make it unreasonable.

Privacy and Confidentiality

If you tell your employer you have cancer but don't want your colleagues to know, your employer should respect your wishes and not discuss your illness with anyone without your permission. Union representatives and HR managers should also observe your privacy and not pass on any confidential information about you. Occupational health staff are bound by the patient confidentiality code of all health professionals and so will not tell anyone about your illness without your express permission. Whilst many people don't want "a fuss" or sympathy, you may benefit from the support of your colleagues. This may also prevent awkward questions later on if you have to take a period of absence, or for example lose your hair due to chemotherapy. However, if don't feel you can discuss your illness with colleagues personally, your employer or HR manager may be able to do this for you in an agreed sensitive way, such as in a staff meeting or via staff bulletin emails, at your request.

Disability Discrimination Act 1995 (DDA)

Now superseded by the Equality Act 2010 but the same principles apply, under the DDA, it is unlawful for an employer to discriminate against a person because of their disability. Everyone with cancer is classed as disabled under the DDA (due to this being a long-term illness) and so is protected by the Act.

The DDA also covers workers who were disabled in the past, even if they are no longer disabled. A worker who has had cancer in the past, but is currently in remission or is now completely cured, will still be covered by the DDA even though they may no longer be receiving treatment. Therefore, an employer cannot discriminate against a person for a reason relating to them previous having cancer.

The following scenarios may give you cause to report your employer for discrimination. If your employer:

  • Does not making reasonable changes so you can carry on doing your job
  • Gives you a warning for excessive sick leave without making allowances for your cancer
  • Suggests it would be best for you to stop working
  • Dismisses you for a reason that might relate to your illness
  • Demotes you
  • Overlooks your promotion case because of a reason related to your cancer
  • Chooses you for redundancy because you've taken more sick leave (due to cancer) than others
  • Does not allow you time off for medical appointments

If you feel that you are being discriminated against at work due to currently or previously having cancer, you can do something about it. The steps you can take are:

  1. complain to your line manager or area manager
  2. formally complain using your company's grievance procedures (which should be available upon request from your line manager)
  3. take your employer to an Employment Tribunal

If you think you have been discriminated against, you should complain as soon as possible after the discriminatory act takes place, or after the period of discrimination ends. If you wish to take your complaint to the Employment Tribunal, you have three months from the date of the discriminatory act, or end of the period of discrimination to do so.

Further information regarding your rights under the DDA and more useful advice is available in our article Disability at Work.

After Cancer Treatment has Finished

Whilst most people often expect to be 'over the moon' once their treatment has ended, and feel that they can put their illness behind them. For others, it can often be a difficult. Some people, quite naturally, can have fears about the cancer returning and may feel quite depressed. Usually these feelings diminish over time, but there is support available. Speak to your GP about your concerns, and if you feel it will help, speak to your employer or HR Department to explain that you are still recovering. Cancer is a difficult illness that, along with treatments such as chemotherapy, has a huge draining impact on your body. Do not therefore think that you have to be back to full fitness immediately; as long as you communicate with your employer, they should understand.

You may also need to make your employer aware that you will need to continue to attend your GP or hospital for check-up appointments intermittently for a few years after your treatment. You are entitled to take time off work for these appointments. However speak to your employer about these, as you may not be entitled to be paid for time taken off work for this purpose unless it is part of your holiday entitlement.

Research has shown that people who have had treatment for cancer are as productive, or even more productive, than people who have not suffered from the illness. It has been shown that they take less time off work than other employees and, even though they may have lasting effects from the treatment, they still work extremely hard and effectively.
If you are being interviewed for a new position and you are asked about whether the cancer might inhibit your ability to do the job (even though you may have been cured for some time), it can be worth pointing these facts out. Cancer survivors often have an incredible strength of character and ability to deal with stressful situations which would make you an asset to any employer.

Remember, failure to hire you for a role on the basis of you currently or previously having cancer is discriminatory, in the same way as not hiring someone because they are gay or from an ethnic minority group.

You might also like...
Share Your Story, Join the Discussion or Seek Advice..
[Add a Comment]
I have had breast cancer surgery, radiation and on medications which are causing constant pain in bones and joints.Been off work 4 months with various complications including severe radiation burns - have constantly asked director to let me work from home to help but he insisted I do not rush and take my time healing and getting healthy before returning to work.I am due back on Monday and my boss has told me that they have managed without me and implied my role is now redundant.He has asked me to take up a role for which I have no prior training or knowledge and involves coding invoices and scanning - this is a demotion from my role of over 10 years as PA to Director. I have no experience or aptitude for numbers but I am being forced into accepting this or nothing else they can offer.What should I do? He also made comments about me not looking I’ll and asked in depth questions about what I was doing when I was off - I told him recuperating but he kept asking how I spent my time! I haven’t been enjoying myself - I’ve had cancer treatment and complications!
Concerned - 17-Jul-18 @ 8:48 AM
Hi, I was diagnosedwith BC triple negative last year in April. I have undergone chemo radiation and surgery. I have been off work for since mid May 2017. I am due back to work in September 2108. I have an impending surgery on my other breast end of Sept 2018. I work with children and I just wanted to know what rights do i have when a job is not office based? What rights do i have? I would appreciate any guidance. I have read from your website but no guidelines on childcare jobs. Also my company haven't dealt with cancer within my job role either. Thank you K
K - 15-Jun-18 @ 11:56 AM
Zoie - Your Question:
Hi there my 6 year old has been diagnosed with cancer, what am I entitled to?Thanks

Our Response:
You can take unpaid parental leave -you’re entitled to 18 weeks’ leave for each childup to their 18th birthday.
You could apply for flexible working; here's what Macmillan advises:
If you have worked for your employer for at least 26 weeks, you are entitled to request flexible working. This may enable you to work from home or organise new working hours, for example. Flexible working arrangements can help you find a balance between work and caring responsibilities. If your employer refuses your request, you may be able to appeal the decision.
The law also protects a carer’s right to take unpaid time off to look after someone in an emergency.
Legislation protects people who experience discrimination because they are linked or associated with a disabled person (cancer is classed as a disability). For example, it would be unlawful if a carer was refused promotion because of concerns that they would be unable to give sufficient attention to the job. Under the law, carers are also protected against harassment and victimisation.
The Advisory, Conciliation and Arbitration Service (ACAS) can provide advice on your employment rights.
SafeWorkers - 12-Jun-18 @ 11:08 AM
Hi there my 6 year old has been diagnosed with cancer, what am I entitled to? Thanks
Zoie - 9-Jun-18 @ 7:36 AM
Caz - Your Question:
Hi - I have been diagnosed with terminal cancer but have against all odds lived with this diagnosis for almost 5years. I have been working reduced hours for over a year but my employer has recently changed my contract to reflect the reduction thus has affected my salary significantly- can they do this?

Our Response:
Firstly, check your original contract to see if there are any references to this type of scenario. Secondly, the Equality Act means that your employer has to make reasonable adjustments to accommodate a phased return to work etc, but having your salary reduced to reflect the new hours may be defined as reasonable in some circumstances. If your hourly rate has reduced, or if other employee benefits have been removed, then you may be able to claim discrimination. Talk to ACAS or Macmillan Cancer Care for individual advice.
SafeWorkers - 6-Jun-18 @ 11:14 AM
Hi - I have been diagnosed with terminal cancer but have against all odds lived with this diagnosis for almost 5years. I have been working reduced hours for over a year but my employer has recently changed my contract to reflect the reduction thus has affected my salary significantly- can they do this?
Caz - 5-Jun-18 @ 7:46 AM
Marc- Your Question:
Hi, many thanks for the info. I had an interview with the Governor today. He said he wasn’t aware of the full circumstances and that what had previously been agreed by him was incorrectly conveyed to me, for which he apologised. He has now agreed to support me with a job-sharing contract but not until 1 Oct 18, although he has agreed to put this in writing. It’s a shame I’ve had to quote the Equality Act 2010 and be forceful in my requests but ultimately it has worked and I am grateful for the support now being provided. Thank you for the info again and good luck to all who are seeking the outcomes they desire.

Our Response:
That's really good news well done!
SafeWorkers - 21-May-18 @ 10:51 AM
Hi, many thanks for the info. I had an interview with the Governor today. He said he wasn’t aware of the full circumstances and that what had previously been agreed by him was incorrectly conveyed to me, for which he apologised. He has now agreed to support me with a job-sharing contract but not until 1 Oct 18, although he has agreed to put this in writing. It’s a shame I’ve had to quote the Equality Act 2010 and be forceful in my requests but ultimately it has worked and I am grateful for the support now being provided. Thank you for the info again and good luck to all who are seeking the outcomes they desire.
Marc - 18-May-18 @ 9:02 PM
Marc - Your Question:
Hi, I’ve asked for the past 8 months for a ‘reasonable adjustment to my working hours’ (part-time/job sharing) as I am noticeably suffering with fatigue, after treatment & major surgery 3 yrs ago for oesophageal cancer. I’ve listed the Equality Act 2010 but I’m being told no due to the business needs. I want to stay in my employment but be afforded a job sharing contract as has been given to other staff. Please where do I stand with this?

Our Response:
Please read this section from the above article for your answer:
"The following scenarios may give you cause to report your employer for discrimination. If your employer:
Does not making reasonable changes so you can carry on doing your job
Gives you a warning for excessive sick leave without making allowances for your cancer
Suggests it would be best for you to stop working
Dismisses you for a reason that might relate to your illness
Demotes you
Overlooks your promotion case because of a reason related to your cancer
Chooses you for redundancy because you've taken more sick leave (due to cancer) than others
Does not allow you time off for medical appointments

If you feel that you are being discriminated against at work due to currently or previously having cancer, you can do something about it. The steps you can take are:
complain to your line manager or area manager
formally complain using your company's grievance procedures (which should be available upon request from your line manager)
take your employer to an Employment Tribunal"
SafeWorkers - 18-May-18 @ 2:34 PM
Hi, I’ve asked for the past 8 months for a ‘reasonable adjustment to my working hours’ (part-time/job sharing) as I am noticeably suffering with fatigue, after treatment & major surgery 3 yrs ago for oesophageal cancer. I’ve listed the Equality Act 2010 but I’m being told no due to the business needs. I want to stay in my employment but be afforded a job sharing contract as has been given to other staff. Please where do I stand with this?
Marc - 17-May-18 @ 8:20 PM
Concerned N.A - Your Question:
Hi, I currently work as an Nursing Assistant for the NHS, which I started in January 2015. I have had cancer twice since 2006, and my last major operation done on 2014. During all this time I underwent chemotherapy on two occasions, as well as radiotherapy. I have recently noticed changes with my hips, and after speaking to my oncologist, and also an orthopaedic surgeon, I have been diagnosed with Avascular Necrosis in my hip joints. This is a side-effect of my radiotherapy treatment. I am currently on an 9 month waiting list for a Total Hip Replacement. I had to take a couple of days off there, due to hip pain. I am concerned that my managers will look unfavourably on my absence. I am more than able to do my job, although I do have a limp. I take pain relief at work, if I feel any discomfort. However, on the odd occasion I suffer from bad pain on moving my hips. Does my AVN still come under the Equality Act, as it is a side-effect of my cancer treatment?

Our Response:
If you have cancer or have had cancer in the past, you are protected by law from unfair treatment at work. Under the Equality Act 2010 if you live in England, Scotland or Wales, or the Disability Discrimination Act 1995 (DDA) if you live in Northern Ireland, it’s unlawful for an employer to treat you less favourably (i.e. discriminate against you) because of your disability.
SafeWorkers - 11-May-18 @ 3:17 PM
Hi, I currently work as an Nursing Assistant for the NHS, which I started in January 2015. I have had cancer twice since 2006, and my last major operation done on 2014. During all this time I underwent chemotherapy on two occasions, as well as radiotherapy. I have recently noticed changes with my hips, and after speaking to my oncologist, and also an orthopaedic surgeon, I have been diagnosed with Avascular Necrosis in my hip joints. This is a side-effect of my radiotherapy treatment. I am currently on an 9 month waiting list for a Total Hip Replacement. I had to take a couple of days off there, due to hip pain. I am concerned that my managers will look unfavourably on my absence. I am more than able to do my job, although I do have a limp. I take pain relief at work, if I feel any discomfort. . However, on the odd occasion I suffer from bad pain on moving my hips. Does my AVN still come under the Equality Act, as it is a side-effect of my cancer treatment?
Concerned N.A - 10-May-18 @ 2:20 PM
Claire- Your Question:
Hi I recently finished my chemotherapy and I am currently on herceptin drugs long term. I currently have been employed by a company and have been working for them for 6 months now. I started of with two days a week general admin and was recently promoted for all my hard work as HR administrator. My employer gave me a offer with gel I hours and a min of three days a week to go around hospital appointments, but since I have started the new job role she has constantly been putting me under pressure and I now feel I’m at the point of having no choice but to leave under constructive dissimil. She is fully aware of my long term treatment and a situation has accrued this week as I’m due for my treatment and I have also got a holiday that has been granted. Also which I could not help my hospital rang me and have booked my mri and cat scan in for the same week which would then intale me being of for 1 day’s holiday , 1 day treatment which I have for flexibility hours and 1 day hospital. As soon as I put it in the calendar and told my operation manager I was then told my holiday has been refused, after it was already granted, and now I have to take all my holiday as hospital appointments even tho we set up an arrangement for felix hours to suit around my hospital appointments. Is this wrong for them do do this? They have known about my treatment for 6months now. I never miss a deadline as work or never behind. I feel pressurised and guilty for going to hospital appointments. Can you let me know if it’s wrong to grant holidays and just dismiss them because an hospital appointment has arises and I need to attend ?

Our Response:
You should not have to take holiday to attend hospital because of cancer treatment. Please follow the steps advised in the above article in the section entitled "Disability Discrimination Act 1995 (DDA)"
SafeWorkers - 9-May-18 @ 2:02 PM
Hi I recently finished my chemotherapy and I am currently on herceptin drugs long term. I currently have been employed by a company and have been working for them for 6 months now. I started of with two days a week general admin and was recently promoted for all my hard work as HR administrator. My employer gave me a offer with gel I hours and a min of three days a week to go around hospital appointments, but since I have started the new job role she has constantly been putting me under pressure and I now feel I’m at the point of having no choice but to leave under constructive dissimil. She is fully aware of my long term treatment and a situation has accrued this week as I’m due for my treatment and I have also got a holiday that has been granted. Also which I could not help my hospital rang me and have booked my mri and cat scan in for the same week which would then intale me being of for 1 day’s holiday , 1 day treatment which I have for flexibility hours and 1 day hospital. As soon as I put it in the calendar and told my operation manager I was then told my holiday has been refused, after it was already granted, and now I have to take all my holiday as hospital appointments even tho we set up an arrangement for felix hours to suit around my hospital appointments. Is this wrong for them do do this? They have known about my treatment for 6months now. I never miss a deadline as work or never behind. I feel pressurised and guilty for going to hospital appointments. Can you let me know if it’s wrong to grant holidays and just dismiss them because an hospital appointment has arises and I need to attend ?
Claire - 8-May-18 @ 8:39 PM
Hi I was diagnosed with breast cancer July 2017 I have been off sick and currently coming to the end of my treatment. I have accured 26 days holiday from March to March. I have discussed with work a phase back however they are telling me if my phase back is only two days a week for say three months then I have to use my holiday accrued from last year as they don’t pay me for the days that I will not be at work.Pleas can you advise
Nicci - 12-Apr-18 @ 4:32 PM
I am an nhs worker and have worked for the nhs for 35 years. I went off sick last June with stress as I my teenage son came home after a traumatic brain injury 21 months before . I was obviously his main carer. I was attending HR meetings to keep them happy but in Jan 2018 I was diagnosed with Breast cancer - I started chem therapy in February and will not finish this till July at the earliest , I will require surgery around Aug / Sept followed by radio therapy . I will also have a reconstruction at some point later on . I can actually retire in Nov 2019 but my applicationfor ill heath retirement has been rejected ( they base it on 60 rather than my 55 yr pension ) I am going to appeal but HR are harassing me and enforcing that I attend meetings even though I am going through this stress of treatment and also still caring for my son. They want me to either have an unpaid career break or put me through the capability dismissal route . Can they insist on this whilst I am having treatment for cancer ?
Dibs - 20-Mar-18 @ 11:10 PM
Sally C - Your Question:
I was diagnosed in March 2017 with breast cancer, I have undergone chemotherapy, mastectomy, radiotherapy and now taking chemotherapy tablets. I will also be looking at reconstruction surgery at some point, hopefully this year. In my contract I am entitled to 3 months at full pay, 3 months at half pay then no pay for sick leave. I've taken 118 sick days throughout my treatment (some enforced as my employer refused to allow reasonable adjustments) but my employers tell me I'm no longer entitled to any payment and that they mistakenly overpaid me in December and January and that I have to pay back the money.Whilst I was undergoing chemo my employers made the decision to relocate to a site which is far from acceptable and makes it more difficult to get there. I've has to buy a car just so I can get to work. When we were told about the move we were advised that we would be offered redundancy after 3 months of working at the new site if that was our decision. Clearly I've not had 3 months of being able to work continuously at the new site but want to know if that offer is still on the table. I would consider accepting redundancy as going to work is now becoming financially implausible. I do feel discriminated against but don't know if this would make any difference.

Our Response:
Do you have a union? Your employer chose to move to a new site for business reasons, so it's unlikely that wouldn't be classed as discrimination. You need to talk to your employer about the redundancy options -butalso if you feel your employer's previous actions are discriminatory you should follow this up as advised in the above article.
SafeWorkers - 20-Mar-18 @ 3:19 PM
Hi I was our for nine months for ovarian cancer.I was ready to come to work in eight months.The physician I work for said he did not think I was ready to come back. He was not my doctor. He said he thoughtI would get sick.I got a release from my Oncologist and while I was out he promoted my subordinate to my job with out telling me and giving her 18 K pay raid , 5K more than me.I threw a fit finally he gave me 5k pay raised but changed the duties of my job.By him not letting me come back sooner and tell me he was going to to call me weekly for the next month which he never did. Is this discrimination? Thank you.
Shirley - 20-Mar-18 @ 12:58 AM
I was diagnosed in March 2017 with breast cancer, I have undergone chemotherapy, mastectomy, radiotherapy and now taking chemotherapy tablets.I will also be looking at reconstruction surgery at some point, hopefully this year. In my contract I am entitled to 3 months at full pay, 3 months at half pay then no pay for sick leave.I've taken 118 sick days throughout my treatment (some enforced as my employer refused to allow reasonable adjustments) but my employers tell me I'm no longer entitled to any payment and that they mistakenly overpaid me in December and January and that I have to pay back the money. Whilst I was undergoing chemo my employers made the decision to relocate to a site which is far from acceptable and makes it more difficult to get there.I've has to buy a car just so I can get to work.When we were told about the move we were advised that we would be offered redundancy after 3 months of working at the new site if that was our decision.Clearly I've not had 3 months of being able to work continuously at the new site but want to know if that offer is still on the table.I would consider accepting redundancy as going to work is now becoming financially implausible.I do feel discriminated against but don't know if this would make any difference.
Sally C - 19-Mar-18 @ 2:09 PM
Fran - Your Question:
Hi. Sorry to bother you. Today I have attended a sustainability meeting with work. I had breast cancer 10 years ago. In April last year during a routine check I found out that the cancer had come back. On the 6th July 2017 I had an operation followed by chemo and radio which was completed on 23rd Jan 2018. During the treatment I had a CT scan which showed something in the appendix. My operation has been cancelled twice and the 3rd date is Monday 12th March. During the meeting they discussed coming back to work (I don't have a timeframe) until they take the appendix out and it being looked at in the lab. But there is a possibility of another op. They talked about ill health retirement but I have queried this with a previous company pension and I am not ill enough to have this. The other they mentioned was dismissal. Do they have reasonable grounds to dismiss me. ThanksFran

Our Response:
They can't easily dismiss you because of cancer as it is included as a protective "characteristic" under the terms of the Equality Act. It might be better to talk to Macmillan (The Macmillan Support Line is 0808 808 00 00 where you can talk to a financial guide) or ACAS
SafeWorkers - 12-Mar-18 @ 2:30 PM
Hi. Sorry to bother you. Today I have attended a sustainability meeting with work. I had breast cancer 10 years ago. In April last year during a routine check I found out that the cancer had come back. On the 6th July 2017 i had an operation followed by chemo and radio which was completed on 23rd Jan 2018. During the treatment I had a CT scan which showed something in the appendix. My operation has been cancelled twice and the 3rd date is Monday 12th March. During the meeting they discussed coming back to work (I don't have a timeframe) until they take the appendix out and it being looked at in the lab. But there is a possibility of another op. They talked about ill health retirement but I have queried this with a previous company pension and I am not ill enough to have this. The other they mentioned was dismissal. Do they have reasonable grounds to dismiss me. Thanks Fran
Fran - 9-Mar-18 @ 8:47 PM
After my breast cancer treatment I want back to work .after 12 month but working as a bus driver it was very hard ..started with half day two days a week ...now am doing three days a week ..still feeling the pain under my arm and breast...today the manager said they can't give me part time any more and put me off sick and they are going to dismiss me on medical grounds after working for them for 17 years
Abby - 24-Jan-18 @ 7:42 PM
Mavi - Your Question:
Hi there, recently diagnosed with breast cancer and about to start my programme of recovery which involves chemo, lumpectomy and then radiotherapy. Was due to be on holiday at the moment and obviously have had to cancel this. I am currently working from home and will continue to do so while I am fit enough. Work have been very understanding and realise some weeks will be worse than others and I won't be able to work continuously for 9 months. I will take sick leave while undergoing the lumpectomy. What is the position with annual leave being carried over? I am due to go away in May but the oncologist will let me know whether this is feasible. She is hoping it will be doable as it will be part of my recuperation before another bout of chemo but until nearer the time, will not know. If I am unable to take my annual leave, should my company allow me to carry it all forward to next year? Normally, we can carry forward one week which must be used by the following February. The way I look at it, I could have been signed off for the total 9 months but am keen to keep focused on something other than the cancer. If I was off for 9 months (same as maternity leave) I am assuming I could take my annual leave the next year. Any guidance on this would be appreciated.

Our Response:
It's not a clear cut rule as far as we can tell but ECJ cases suggest a precedent for being able to take your statutory annual levea in the following year if you are unable to take it in the entitlement year. Contact ACAS for clarification.
SafeWorkers - 23-Jan-18 @ 1:58 PM
Hi there, recently diagnosed with breast cancer and about to start my programme of recovery which involves chemo,lumpectomy and then radiotherapy.Was due to be on holiday at the moment and obviously have had to cancel this.I am currently working from home and will continue to do so while I am fit enough.Work have been very understanding and realise some weeks will be worse than others and I won't be able to work continuously for 9 months.I will take sick leave while undergoing the lumpectomy.What is the position with annual leave being carried over?I am due to go away in May but the oncologist will let me know whether this is feasible. She is hoping it will be doable as it will be part of my recuperation before another bout of chemo but until nearer the time, will not know.If I am unable to take my annual leave, should my company allow me to carry it all forward to next year?Normally, we can carry forward one week which must be used by the following February.The way I look at it, I could have been signed off for the total 9 months but am keen to keep focused on something other than the cancer.If I was off for 9 months (same as maternity leave) I am assuming I could take my annual leave the next year.Any guidance on this would be appreciated.
Mavi - 22-Jan-18 @ 9:41 AM
My husband smd I were employed ss wardems on a caravan park. My husband has just been diagnosed with Myeloma. Due to start chemo next week. Our boss has been informed through all the tests. Day after diagnosis he informed us that because my husband may not be able to do all the duties he was employed to do, we were both fired. Reason for my demise .. I will need to take time off to take him to drs etc. As we live in a caravan on site we have to pack up and leave in 5 weeks time. We need advise if we have a case to persue. Thank you.
Bailey - 20-Jan-18 @ 10:54 PM
Sammiejo- Your Question:
My husband was diagnosed with stomach cancer 7 weeks ago he has had all of his stomach removed and has had phenomena I returned to work last week after organising help for my husband whilst at work I only work a 5minutes away from home on returning to work I was informed I was being transferred to another branch which is 40minutes away I have tried to explain to work I don't have anyone to help with husband as this means I'm away an extra 2hours but they are just cold saying the decision has been made is there anything legally I can do

Our Response:
You do have the right to request flexible working hours and your employer should give a valid reason for refusing. Macmillan Cancer Support might be able to help. Or try contacting ACAS
SafeWorkers - 5-Dec-17 @ 2:27 PM
My husband was diagnosed with stomach cancer 7 weeks ago he has had all of his stomach removed and has had phenomenaI returned to work last week after organising help for my husband whilst at work i only work a 5minutes away from home on returning to work i was informed i was being transferred to another branch which is 40minutes away i have tried to explain to work i don't have anyone to help with husband as this means I'm away an extra 2hours but they are just cold saying the decision has been made is there anything legally i can do
Sammiejo - 4-Dec-17 @ 6:20 PM
Tam - Your Question:
I started a new job last week. My first day I asked if it would be ok that I that I have the following Thursday & Friday off as I have drs appts scheduled. Office manager said she would speak with owner. Come Monday I asked she spoke with the boss/owner. She said unfortunately we were short on people and booked solid (work for cleaning co). I explained I was a cancer patient doing clinical trial and I couldn't change appts for the following week as my Dr will be out all week. Still wouldn't budge. I think I'm definitely being discriminated against. I felt as if I had to resign rather then be fired for being a no show. I even tried a compromise of combing my scans and lab/ers appts for one day and work on keeping the job. She asked if I would like for the owner Annemarie to call me so I could speak with her. I never got that phone call. Would should my next step be?

Our Response:
It might have been advisable to inform the company at the time of your interview that you would be unavailable during the following week. If you feel you have been discriminated against because of your cancer/disability, you should follow the steps advised in the above article.
SafeWorkers - 22-Sep-17 @ 2:28 PM
I started a new job last week. My first day I asked if it would be ok that I that I have the following Thursday & Friday off as I have drs appts scheduled . Office manager said she would speak with owner. Come Monday I asked she spoke with the boss/owner. She said unfortunately we were short on people and booked solid (work for cleaning co). I explained I was a cancer patient doing clinical trial and I couldn't change appts for the following week as my Dr will be out all week. Still wouldn't budge. I think I'm definitely being discriminated against. I felt as if I had to resign rather then be fired for being a no show. I even tried a compromise of combing my scans and lab/ers appts for one day and work on keeping the job. She asked if I would like for the owner Annemarie to call me so I could speak with her. I never got that phone call. Would should my next step be?
Tam - 20-Sep-17 @ 8:22 PM
I've been diagnosed with secondary breast cancer to my bones. I've been off work for 12 weeks and wanted a phased return which school have agreed to but 2 weeks in I'm starting on a new drug that may cause low blood count and infections but because I work in a school may have to go on sick again. Will I lose any ask pay if I'm sick while on phased return.
Te123 - 6-Sep-17 @ 7:23 PM
Share Your Story, Join the Discussion or Seek Advice...
Title:
(never shown)
Firstname:
(never shown)
Surname:
(never shown)
Email:
(never shown)
Nickname:
(shown)
Comment:
Validate:
Enter word:
Latest Comments