A cancer diagnosis can completely disrupt your life. The emotional and physical challenges are difficult enough without the added pressure of job insecurity. If you’ve been dismissed or treated unfairly at work because of your diagnosis, it’s natural to feel shocked, angry or unsure about what to do next.
Many people don’t realise that cancer is automatically recognised as a disability under UK law. This gives you important legal rights and protections. In this article, we explain what those rights are, when a dismissal might be unlawful, and how Macks Solicitors can help you take action.
Is Cancer Classed as a Disability?
Yes, under the Equality Act 2010, cancer is automatically recognised as a disability from the moment of diagnosis. This protection applies, regardless of the stage, prognosis, or whether you’re currently receiving treatment.
This means your employer cannot lawfully treat you unfairly because of your diagnosis. You also have the right to request support that helps you continue working, return after time off, or manage your condition while staying in employment.
What Does Disability Discrimination Look Like?
Discrimination can take many forms. It may be obvious, like being dismissed shortly after revealing your diagnosis. But it can also be more subtle, such as being passed over for promotions, excluded from meetings, or denied reasonable adjustments.
Common examples include:
- Being sacked or pressured to resign because of your illness
- Having your hours cut or responsibilities changed without consultation
- Facing offensive comments or assumptions about your ability to work
- Being denied time off for treatment or recovery
- An employer refusing to make reasonable adjustments
If you’ve experienced any of these, you may have a claim for discrimination, unfair dismissal or constructive dismissal.
What Are Reasonable Adjustments?
Employers are legally required to consider reasonable adjustments to help disabled employees stay in work. For someone with cancer, this might include:
- Time off for medical appointments or treatment
- A phased return to work after sick leave
- Flexible working hours or home working
- Reducing physical demands or stress levels
- Temporary changes to duties
The adjustments needed will vary depending on your condition and your role. If your employer refuses to make changes that are reasonable and necessary, this could amount to discrimination.
Can I be Dismissed While I Have Cancer?
In some cases, dismissal may be lawful but only if your employer can show that:
- They fully explored all reasonable adjustments
- You are no longer able to do your job, even with support
- The decision to dismiss was not based on your diagnosis itself, but on clear business grounds
Even then, they must follow a fair process. If they dismiss you without proper consultation or without considering alternatives, the dismissal may still be unfair.
What Can I Do If I’ve Been Treated Unfairly?
If you believe you’ve been dismissed, pushed out, or treated unfairly at work because of your cancer diagnosis, you may be able to take legal action.
Contact Us Today
If you have been dismissed for having cancer and believe it was unfair, speaking with an employment law solicitor can help you understand your rights and explore your option. For more information, call us on 01642 843 667; alternatively, complete our online contact form and one of our employment solicitors will be in touch.
