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Legal Advice Centre

Towards better working conditions for cancer patients?

Today one out of two people will be diagnosed with cancer during their lifetime (IARC 2020). Medical science has made progress and mortality from cancer has fallen dramatically, which means that people might have to continue working during and after their illness. While the law provides some protection for cancer patients at work, there are still loopholes that need to be addressed. How can people manage to balance work and illness and what needs to change in the law to support this?

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Research shows that ‘50% of cancer patients are afraid to tell their employer about their diagnosis, despite 92% feeling that support at work positively impacts their health’ (Publicis Group, 2023). Many people diagnosed with cancer feel they have to hide it from their employer, because they fear discrimination or unfair treatment in their workplace. In April 2020, Arthur Sadoun (the CEO of Publicis) was diagnosed with cancer and made his condition public. He received ‘thousands of testimonies that exposed the fear those with cancer experienced, not only for their lives, but also for their jobs’. He decided to set up the #Workingwithcancer pledge to improve the working conditions for cancer patients.

About the law

The Equality Act 2010 defines cancer as a disability and provides various protections in the workplace for people dealing with cancer.

It prohibits employers from:

  • treating someone less favourably because they have cancer or have had cancer in the past, and / or;
  • imposing policies, practices or requirements that disadvantage people with cancer, unless the policy is objectively justified.

The Employment Rights Act 1996 provides various employment rights and protections for workers in the UK, including those with cancer. It protects employees with cancer against unfair dismissal. It allows people with cancer to have reasonable adjustments at work. Crucially it also allows time off for medical appointments. 

In principle, these laws are designed to protect anyone affected by cancer in the workplace. However, in practice, these rights are not always implemented and respected. The primary issue is that individuals are often hesitant to inform their employers of their cancer diagnosis due to fears of discrimination and unfair treatment.

The 2023 Publicis Pledge

In January 2023, Publicis Group launched a pledge to ‘erase the stigma on cancer’, to develop communication between employers and employees, and to improve the daily life of people dealing with cancer.  

This initiative aims to rally companies from around the world under the Working With Cancer pledge. Each company signing this pledge commits to provide full job security for at least one year (salary and benefits), and to provide personalised assistance to those returning to work.

The movement #Workingwithcancer has grown all over the internet and the pledge has been formally signed by several influential companies such as Lloyds Banking Group, Google, Meta, Microsoft, AXA… Employees of these companies can expect to see a shift in their workplace culture, where cancer patients are encouraged to talk about their diagnosis and are reassured to receive support from their employer. 

As emphasised  by the Publicis movement, the legislation available can only apply when the employer is aware of the diagnosis. This is why companies’ support and free communication about cancer are essential to make the fight against cancer more bearable, physically, emotionally and financially. Publicis Group hopes that more companies will sign the pledge as a sign of their support for cancer patients and their commitment to apply the existing legislation.

By Carla Garlonn Roy 
First year Law (LLB) student at Queen Mary University of London

 

 

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