"I’ve just been diagnosed with cancer. I’m confident the recommended treatment will be successful, but I’ll need to take time off work for it. Do I have to tell my employer about my diagnosis and why I need time off?"
Which? employment solicitor, Duncan, says:
Your health is a private matter and you're not obliged to inform your employer about your diagnosis. However, cancer is treated as a disability under the Equality Act 2010, which means your employer will have additional duties and obligations towards you. This will include a legal duty to make reasonable adjustments, which may include allowing you time off work for treatment. However, if your employer doesn't know about your condition, or couldn’t reasonably be expected to know about it, then their duties under the Equality Act will not kick in.
If I ask for time off but my employer refuses what can I do?
Your employer can’t refuse you time off for treatment. However, you may not be entitled to paid time off – this will depend on the terms of your employment contract. Your employer may request (written) evidence about the diagnosis and details of time off needed for any treatment and recovery. Your doctor or treatment team should be able to provide this evidence.
Will I have to go back to work full-time after the treatment?
If you are fit enough to do so you can return to work. However, if the medical advice is that you should have a phased return to work and/or reduced hours or duties, this should be discussed with your employer as possible reasonable adjustments under the Equality Act.
What should I do if I think I’m being treated unfairly?
If the matter is not easily resolvable, or you have already tried to deal with it informally, your next step is likely to be raising a formal grievance.
However, it’s also important that you take legal advice at an early stage as the deadline to bring a claim in the Employment Tribunal is very short: normally, you have three months less one day from the date of any act of discrimination, or if there is a continuing act of discrimination three months less one day from the last act, in which to issue a claim.
Where the act complained of is a dismissal, time starts to run from the date the dismissal takes effect.
Prior to issuing a claim you need to contact the conciliation service ACAS to commence Early Conciliation (EC). If EC is unsuccessful you will be given a Certificate Number, which you will need to put on the ET claim form you submit to the Tribunal. The actual deadline to commence a claim in the Tribunal will depend on when you start EC and the date the certificate is issued.
Disclaimer: The information and opinions within this guide are meant for general information purposes only. They are not intended to constitute legal or other professional advice and should not be relied on or treated as a substitute for specific advice relevant to particular circumstances.
If you want or require specific legal advice, please call and join out legal advice service, where we will book an appointment with one of our employment specialists who will be able to provide expert advice and guidance on your issue.
