Sarah Jackman: Breast Cancer Awareness Month – the employment lawyer’s perspective
October marks Breast Cancer Awareness Month, a time to highlight the importance of understanding the signs and symptoms of breast cancer, writes Sarah Jackman.
According to Breast Cancer Now, breast cancer is the most common cancer in the UK with one woman diagnosed every 10 minutes. Around 55,000 women and 400 men are diagnosed with breast cancer every year in the UK. Many of these individuals will receive their diagnosis while actively engaged in the workplace. There are many steps employers can take to support employees who are coming to terms with a breast cancer diagnosis, handling the treatment and recovering thereafter. Most workplaces now include employees who have lived experience of breast cancer.
Anyone who is diagnosed as having any form of cancer is automatically legally classified as disabled under the Equality Act. That categorisation stays with them for the rest of their lives, even if they are cancer-free following treatment. This gives employees protection from disability discrimination at work. Employers are, therefore, obliged to make reasonable adjustments to the working arrangements for employees who have, or have had, breast cancer. Employers are also legally required not to treat employees less favourably because of having had cancer or discriminate against them for reasons arising from that diagnosis. Employees can bring claims against their employer where they consider that employer has failed in these duties.
Whilst these legal duties are identical for all employees who have had a diagnosis of breast cancer, that does not equate to employers needing to treat all employees with breast cancer in the same way. Just as medics will collaborate to put forward a personalised treatment plan, perhaps involving surgery, chemotherapy, radiotherapy and ongoing hormone treatment, it is for the employer to tailor their support to the particular employee. This can be daunting for managers, who should resist the temptation to attempt to roll out exactly the same adjustments that appeared to work for a previous employee with a breast cancer diagnosis. Options to consider include changes to working hours, work from home options, additional breaks for rest or physiotherapy exercises, time off to attend all relevant appointments etc.
Before the point of diagnosis, the skilful people leader will already have built up a trusted relationship with the employee, so that they can listen with compassion to that individual’s breast cancer story as it unfolds. Commonly, the person impacted will themselves be very uncertain about what is in front of them for a considerable period of time. Even once a treatment plan is in place, the theoretical side effects may be known, but the reality of living through these will be very different for each person. Taking care not to make assumptions and to be flexible in the support being offered are key leadership skills.
Whilst many employees will manage to continue to work during treatment, others will find they are too unwell and may be off for long periods of time. As well as the worry the disease causes, financial concerns can also be very relevant and can add to the mental load. People leaders should be well versed in understanding any company sick pay or insurance policies that are relevant.
Colleagues may be wary about saying the wrong thing or causing upset. Employers may wish to signpost colleagues to resources that provide examples of what to say to a colleague who is undergoing treatment.
Breast cancer is now a disease with significant survivorship expectations. Whilst colleagues still tend to naturally fear the worst, voicing this can be extremely unhelpful and distressing for the person dealing with breast cancer. Avoiding asking the person with the diagnosis about their prognosis is advisable. Sometimes the greatest support is seeing that colleagues or a manager believe that the person will return to work and get back to full health. Where an employee does have a diagnosis of secondary cancer (meaning it cannot be cured), many may choose to keep this information private, which is perfectly understandable. If they wish to share the details, they will do so in their own time, ideally supported by their manager and/or HR.
Employee networks can play a role in connecting colleagues with another person in the organisation who has had a breast cancer diagnosis and got beyond it. However, HR should not rely on employees with an apparently matching diagnosis necessarily being a source of support for each other and care should be taken to keep details confidential.
Many employers will play their part in raising awareness about breast cancer among their workforce this October and commit to creating an environment where employees facing breast cancer feel understood, supported and empowered. By taking actionable steps, employers can create a significant impact on the experience of employees facing breast cancer, as well as reinforcing a culture with a collective commitment to health and wellbeing.
Sarah Jackman is counsel at Dentons