If you’ve had to take time off work during breast cancer treatment, when or whether you return can depend on a number of things. We look at your rights and your employer’s responsibilities.
If you’ve had to take time off work during breast cancer treatment, when or whether you return can depend on a number of things. We look at your rights and your employer’s responsibilities.
Your employer's responsibilities
In England, Scotland and Wales, if you have or have had breast cancer, the Equality Act 2010 protects you against any discrimination relating to your employment including the recruitment process. For the purposes of the Act, anyone who has or has had cancer is classed as disabled.
The Disability Discrimination Act (DDA) continues to protect people living in Northern Ireland.
Reasonable adjustments
Your employer is required to make reasonable adjustments to help you return to work to have time off for medical appointments or continued treatment and recovery. You can discuss returning to work and what adjustment your employer might need to make with your treatment team, occupational health or human resources departments, or your line manager.
I was incredibly anxious about going back to work which was why I made the decision not to return to full-time employment but to take control of my own workload. It meant I didn't need to answer to anyone and I could ease back into work at my own pace.
Alice-May
Read Alice-May, Bal and Kaz’s experiences of going back to work after breast cancer treatment.
Telling your employer
You don’t have to tell your employer any details of your diagnosis and treatment if you don’t want to. How much information you give about your breast cancer to those involved with your return to work is a personal decision.
You also have the right for any information you do provide about your breast cancer to be kept private and only discussed with other people with your permission.
Remember your employer has a duty to make reasonable adjustments to your role or your working environment to help you do your job. If you don’t tell them about your diagnosis and treatment it’s difficult for them to know what adjustments they need to make.
Not returning to work
Some people decide not to go back to work after having breast cancer. This may be for health reasons or because the experience of having breast cancer has made them reassess what’s important. However, giving up work is not an option for everyone and your circumstances may mean it’s not possible for you to do this.
Giving up work for good means you also give up any rights and benefits linked to your job, such as pension rights. If you’re planning to stop working it’s important to get independent employment advice before you make any decisions. Macmillan Cancer Support can talk through your financial situation and options with you.
Starting a new job
If you’re looking to start a new job you might be worried that giving information about your cancer could affect your chances of success. The Equality Act protects anyone who has had treatment for cancer against any discrimination relating to employment – including the recruitment process.
Under the Equality Act, employers are not permitted to ask questions about candidates’ health during the recruitment process. This includes asking if you have a disability. However, an employer can ask for information regarding your health if it is relevant to the job or is to be used as part of equal opportunities monitoring.
If you’re asked whether you have a health condition on an application form or in an interview, it might be a good idea to check whether the question is one that is allowed to be asked at that stage of recruitment.
Once you have been offered a job, an employer can then ask for information about your health. If you’re asked directly, it’s important you answer truthfully. Giving false or incomplete information could mislead your employer. However, if they then decide to withdraw the job offer, this must be for reasons that are non-discriminatory.
I wanted to relearn what work, and a tiring day in the office, were like. I wanted to relearn what contact with healthy people, being on someone else's clock, and being an independent woman were like. I wanted to relearn what conversations that didn't involve ‘cancer chat’ were like.
Kaz
Getting help and support
Macmillan Cancer Support
Macmillan has more information about how cancer and cancer treatments may have an impact on your employment.
Acas
If you feel like you have been discriminated against at work because of your breast cancer diagnosis, you can contact Acas (Advisory, Conciliation and Arbitration Service) or call their helpline on 0300 1230 1100. Acas provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law.
Citizens Advice
Citizens Advice is also a good place to go for guidance.
Someone Like Me
If you’re thinking about going back to work after treatment you might like to talk to someone who has been in a similar position. Our Someone Like Me service can put you in touch with a trained volunteer who can help.
Read more about returning to work and financial support when you have breast cancer.