What the law requires of you when someone in your team is diagnosed with cancer or has had cancer in the past

Key takeaways

• Cancer is treated as a disability under UK law from the point of diagnosis, meaning your team member is legally protected from disability discrimination from that moment

• You are legally required to consider reasonable adjustments to help them continue or return to work

• Your obligations extend beyond discrimination law – health and safety, data protection, sick pay, and medical report rules all apply

• Legal protection continues throughout treatment, after treatment, and for life, including any future recruitment processes

• There are circumstances in which a dismissal may be lawful, but these are narrow and require a careful and well-evidenced process

The period between a cancer diagnosis and the end of treatment is challenging for everyone involved, including line managers who want to do the right thing but are unsure what the law actually requires of them. There may also be times when someone joins your team and you learn of a historic cancer diagnosis, and may wonder what impact this may have. This guide sets out the full picture: not just discrimination law, but the broader legal duties that apply when someone in your team has or has had cancer.

Which laws apply?

Several pieces of legislation are relevant when someone in your team has or has had cancer: 

The Equality Act 2010 (England, Scotland and Wales) and the Disability Discrimination Act 1995 (Northern Ireland)

Both classify cancer as a disability from the point of diagnosis, regardless of the type of cancer or whether the person considers themselves disabled. This protection applies to all areas of employment: recruitment, terms and conditions, pay, promotion, training and ending employment. It also applies to people who have had cancer in the past. The law also protects employees from harassment, exclusion, offensive comments or being treated unfavourably because of cancer or cancer-related absence.

The Health and Safety at Work etc. Act 1974 

This law places a separate duty on every employer to ensure, so far as is ‘reasonably practicable’, the health, safety and welfare of all employees. This includes those with health conditions. 

The Management of Health and Safety at Work Regulations 1999 

These require employers to carry out suitable risk assessments and identify workers who may be especially at risk. For a team member going through cancer treatment – who may have a compromised immune system, reduced energy levels, or mobility issues – a person-specific risk assessment may be appropriate. You should seek advice on this from whoever is responsible for Health & Safety in your workplace. 

The Employment Rights Act 1996

This gives employees a day one statutory right to request flexible working. This right sits alongside the duty to make reasonable adjustments and can be a useful formal route for agreeing changes to hours, location or working patterns.

The Social Security Contributions and Benefits Act 1992 

This, alongside more recent legislative reforms, governs Statutory Sick Pay (SSP). From April 2026, SSP became payable from the first day of absence (previously the fourth), and the lower earnings limit was removed, meaning more employees qualify. Your HR team can advise on what occupational sick pay your organisation offers in addition to SSP.

The Access to Medical Reports Act 1988

This applies if you want to request a medical report from your team member’s GP or specialist. You must obtain the employee’s written consent first, and they have the right to see the report before it is shared with you.

UK GDPR and the Data Protection Act 2018

This governs how you handle health information. A cancer diagnosis is classed as  ‘special category data’, and has the highest level of protection. You can only collect and use health information where you have a lawful basis for doing so, and you must not share a diagnosis with colleagues without the employee’s consent. Only collect information you genuinely need, store it securely and be transparent with the employee about how it will be used.

What support are you legally required to provide?

By law, you must consider reasonable adjustments to help your team member stay in work or return to work when they are ready. These adjustments might constitute changes to a role, the workplace environment, equipment, services or processes.

There is no fixed definition of what is ‘reasonable’. What an employer can reasonably do will depend on factors such as the size and structure of the organisation, the employee’s role, cost and the impact on other staff. Examples include flexible working hours, reduced hours, a phased return to work, adapted workstations, adjusted duties, or allowing time off for treatment appointments. If you have an Occupational Health provider, they may be able to carry out a workplace assessment and recommend adjustments.

Before finalising any adjustments, consider whether they genuinely reduce the disadvantage the employee faces, whether they are practical, whether the cost is proportionate, and whether they could affect the health and safety of others.

Can you dismiss or make someone with cancer redundant?

You cannot dismiss an employee because they have cancer. However, an employee with cancer can still potentially be dismissed for reasons that would apply to any employee, provided the employer follows a fair and lawful process and complies with its own policies. For example, gross misconduct could still lead to dismissal.

Cancer-related absence or reduced performance during treatment requires particularly careful handling and would not usually justify dismissal unless a fair capability process had been followed, medical evidence had been considered, and reasonable adjustments had been fully explored.

If you are considering a restructure, you cannot select someone for redundancy because of their diagnosis or because of absence linked to it. Failing to properly account for their condition when making redundancy decisions is likely to amount to unlawful discrimination.

Does the same protection apply during long-term treatment or recovery?

Yes. The Equality Act 2010 and the Disability Discrimination Act 1995 protect employees through treatment, into recovery, and beyond, including people in remission and those who have had cancer in the past. You cannot use a diagnosis as a reason to move someone to a lower-paid or easier role without their agreement, penalise them for cancer-related absence without properly taking their condition into account, or treat them less favourably for reasons connected to their cancer.

These protections also apply during any recruitment processes. In Great Britain, a prospective employer cannot usually ask health-related questions before making a job offer under Section 60 of the Equality Act, except in limited circumstances, for example, to establish what adjustments a candidate may need during recruitment. In Northern Ireland, there is no equivalent restriction on pre-employment health questions, although discrimination law still applies.

What should you do if a team member raises a concern about their treatment at work?

Take any complaint seriously, and seek advice and input from your HR team before taking any action. If a team member feels they have been treated unfairly because of their cancer you should try to deal with any informal complaint promptly and fairly. Ensure you document the dates and times of any conversations you have with them about it.

If an informal resolution does not work, the employee can raise a formal grievance through your organisation’s procedures. If that is still not resolved, they can contact Acas (in England, Scotland and Wales) or the Labour Relations Agency (in Northern Ireland) for early conciliation support. If conciliation does not resolve the matter, they may be able to bring a claim to an employment tribunal.

For further guidance, contact your HR team in the first instance. External advice is also available from the Equality Advisory and Support Service, the Equality Commission for Northern Ireland, Macmillan Cancer Support, and Acas.

This article is for information only and is not a substitute for legal advice.