UK Update: Top ten tips on supporting employees throughout the cancer experience

A cancer diagnosis can bring many unique challenges for an employee and their employer, and it is crucial that employers understand how best to support employees living with cancer.

We have partnered with Beatson Cancer Charity to provide ten top tips for employers on supporting employees throughout the cancer experience.

1. Show compassion

First and foremost, those living with cancer – both those who have received a diagnosis and those supporting someone who has received a diagnosis, are enduring a life altering situation. All aspects of managing an employee living with cancer should be done with the utmost compassion and consideration of the physical and mental load the person living with cancer is undertaking. Keep them at the forefront of your mind in all that you do in relation to them.

2. Spread awareness of legal rights

In a survey carried out by Institute of Employment studies, only 57% of those living with a cancer diagnosis knew about their legal rights in the workplace. Disability is a protected characteristic under the Equality Act. Cancer is automatically deemed a disability under the Equality Act. Therefore, those living with a cancer diagnosis are entitled not to be discriminated against on that basis, or indirectly because of it. They are also entitled to seek reasonable adjustments to assist with their working life or in aiding their return to work. Once a diagnosis has been made, this is a lifelong protection and does not disappear if a cancer is successfully treated. Knowing this – both as an employer and as an employee – could open the doors to both (i) accommodating a successful return to work more promptly, where individuals living with cancer may not have thought a return to work would yet be possible and managers may not have realised what was at their disposal to aid a return; and (ii) allowing those with a cancer diagnosis to remain in work longer term.

3. Collaborate

Cancer does not impact everyone in the same way. Treatment plans as well as recovery are unique to each person living with cancer. Just because a return to work plan was successful for one person living with cancer, does not mean that it will be the right plan for another. The key to ongoing, successful management in the workplace of a person living with cancer lies in collaboration with them. Listen to what the individual needs based on their medical evaluations and their own personal feelings. Don’t make assumptions about what might help them. Work in parallel with other available resources (such as employee assistance programmes, occupational health or other external providers) to ensure their needs are being met. Most importantly, be open and transparent to ensure that they feel comfortable to be the same with you.

4. Be clear

Those living with cancer have another full time role in managing their cancer diagnosis. Take a load off of their shoulders by being clear with them on the business’ needs and on all parts of any process that they are involved in (sickness absence management; keeping in touch meetings etc) in a timely manner, so that they can manage this in a stress free way. Don’t use any business or HR jargon, which may add to any stress that they are feeling.

5. Be open-minded

Cancer can affect many different aspects of a person’s life – their mental health, their physical abilities, their cognitive abilities, their confidence. Listen to their needs and explore adjustments that may aid their continuance or return to work with an open mind. Consider, for example, whether they can cut a commute by working at or closer to home; looking at a phased return and continual monitoring of working hours to ensure that they are managing their working time with their health needs; reducing hours temporarily or permanently; or any adjustments or amendments to their role and day-to-day duties.

6. Keep it up

Even where cancer has been successfully treated and an individual reintegrated into the workplace following a diagnosis, it does not mean that it is the end of the road and all care and adjustments can be disregarded. There are many lasting impacts (for example fatigue or general mental health) which may in turn affect an individual in the workplace and ignoring any needs can ultimately lead to wider employee relation issues in the longer term.

7. Get ahead of automation

Get ahead of automated emails or letters in any process which could cause undue upset or alarm. If they are unavoidable, let the individual know when they should expect such emails or letters, making clear that they have not been tailored to their specific needs and not to panic.

8. Ask “is this the right setting”

Linked to compassion and collaboration, make sure that any meetings are conducted in a private and relaxed setting (if that is what the individual finds most comfortable), to ensure the individual feels able to talk freely about their diagnosis and needs, if they wish. It can take a lot of courage for someone dealing with cancer to talk, so make it as easy as possible for them and let them take the lead.

9. Provide appropriate training

Many people returning to work following a cancer diagnosis face difficult and awkward conversations with colleagues in relation to their personal health. Hearing that they are “looking well” may be well intentioned but might be the last thing they want to hear when they are struggling under the surface or lacking confidence in their physical appearance. Keeping staff informed by professional organisations such as the “We’re with you at work” programme operated by Beatson, on how to approach this difficult and sensitive subject may lessen the mental load on a person returning to the workplace following cancer diagnosis or treatment.

10. Expect the unexpected

Cancer treatment can result in a degree of uncertainty. Be prepared to be flexible and accommodating.

By Burness Paull LLP, Scotland, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact ukscotland@transatlanticlaw.com

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 42 Brook Street, London W1K 5DB, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.