Breast Cancer Care: Charity launches campaign to protect patients' rights

Thursday, 5 June 2008 12:00 AM

Latest research from Breast Cancer Care1 shows that the majority of breast cancer patients are not aware of their employment rights once diagnosed.

A staggering 61 per cent of respondents to the charity's survey said they were not aware that the Disability Discrimination Act (DDA) offers specific rights - despite the fact that it was extended in 2005 to give everyone with cancer, including breast cancer, legal protection from discrimination in the workplace2.

This finding reflects separate research3, included in the government's recently published Cancer Reform Strategy, that while 80 per cent of employers are aware of the Act, less than a fifth know that cancer is classed as a disability.

Each year more than 44,000 women are diagnosed with breast cancer, and it is estimated that more than 24,000 of these will be of working age4. The impact of managing the side effects of treatment alongside the pressures of work can cause untold anxiety and financial strain to those diagnosed with breast cancer.

A fifth of respondents to Breast Cancer Care's survey said their employers' attitude had a negative impact on their ability to cope financially.

Jayne Cook, a mother of two from Sleaford, Lincolnshire, encountered a range of problems when diagnosed with breast cancer in 2003, while working for a local communications company.

"Initially my employer was very supportive. I had chemotherapy for five months, and they gave me the time off that I needed, but that dried up when I was told that I needed further radiotherapy," she said.

"I requested part time hours but was refused, so instead I was forced to drive a round trip of 40 miles a day - having radiotherapy in the morning and going to work exhausted in the afternoon.

"My children were still very young at the time and I struggled to keep up with the payments for childcare - I don't think people realise that when you've got breast cancer it will impact on your family too."

Breast Cancer Care has today launched its EMPLOY Charter5 to help breast cancer patients understand their employment rights. It also gives guidance for employers on how to support employees diagnosed with the illness.

Samia al Qadhi, Chief Executive of Breast Cancer Care, said:

"When someone is diagnosed with breast cancer they have so much to think about already, without added worries over the amount of time they may need to take off work, loss of earnings and concerns regarding job security.

"As well as explaining the likely steps of breast cancer treatment and possible side effects, our new EMPLOY Charter gives examples of practical ways in which employers can support their staff. These include flexible working patterns, which could be as simple as allowing people to take extra breaks to cope with fatigue.

"People are living with cancer for longer, and we know that those with secondary breast cancer6 can also be keen to carry on working, which is exactly why the DDA is so important."

While the charity's survey showed that awareness of the DDA was low among employees, 62 per cent of respondents said that their employer was supportive during their treatment.

However, there was little evidence to show that employers were putting good practice measures suggested under the DDA in place:

• Only 19 per cent said they had regular meetings during treatment to discuss how to manage their workload
  
• Less than a quarter said they had such meetings after treatment
  
• 20 per cent said they had access to an occupational health or HR officer to discuss work related issues during treatment, and 23 per cent had access after treatment

Respondents reported feeling forced to work for financial reasons when they were unfit. Lack of extended paid sick leave or paid time off for medical appointments were also cited as areas of concern.

Clare Murray, an employment law specialist who has been working with the charity on its campaign, said that these issues were far too common.

"Of course some employers can be incredibly supportive to staff with breast cancer, but there are far too many who can lose sympathy after a short period of time, and not understand why people are not back at work," she said.

"And there are a small number of employers who regard employees with breast cancer as a burden and ripe for exit at the earliest possible opportunity.

"It's vital that employers make every effort to help staff going through breast cancer. Not only does it make the whole experience better for the patient, it also means that employers do not lose a valid member of staff and all the skills, knowledge and experience that individuals can hold."

PR consultant Carol Arthur from Harrogate, North Yorkshire, was managing a small retail business when she was diagnosed with breast cancer in 2002.

"After my diagnosis, the issue that made me the most anxious was work and how I would manage financially - it was like a black cloud above me," she said.

"My breast cancer diagnosis affected my relationship with my employer, making it difficult to discuss how I felt or how I would cope with working during chemotherapy. I did manage to work part-time, but towards the end of my treatment we barely communicated.

"I now work in a small and very supportive company which is incredibly flexible in its approach to time off for follow-up appointments and check-ups. It's a very open and honest environment, with a clear culture that people are integral to the business."

The EMPLOY Charter is backed by the Employers' Forum on Disability (EFD), the world's leading employers' organisation focused on disability as it affects business.

Susan Scott-Parker, EFD chief executive, said: "We are proud to have contributed our practical experience to this guide. Not only does it make good business sense for employers to recruit or retain people who have experienced breast cancer, but these straightforward examples of reasonable adjustments will make it easier for them to get it right."

Note to editors

For media enquiries, contact Ian Manley on 0207 960 3450, 07702 901 334 (out of office hours) or ianm@breastcancercare.org.uk

1 - 422 people replied to Breast Cancer Care's employment questionnaire between February and April 2006. An on-line poll of 108 respondents in 2008 showed that awareness of employment rights under the DDA was still low, with 68 per cent not aware of their employment rights under the act.

2 - The DDA has been in force since 1996, and was amended in 2005 to automatically cover those with cancer. Under the Act, employees receive a range of cover, including:

• They should not be treated less favourably than colleagues because of their cancer
  
• They should not be subjected to harassment because of their cancer
  
• Employers are required to make reasonable adjustments to ensure that employees with cancer are not substantially disadvantaged compared to people who do not have cancer
  
• Employees should be able to raise a complaint about any work-related issues concerning their cancer without being victimised for raising those concerns

3 - C. Simm, J. Aston, C. Williams, D. Hill, A. Bellis, N. Meager, Organisations'

Responses to the Disability Discrimination Act, 2007, DWP Research Report 410

4 - Cancer Research UK figures show that 56% of those with breast cancer are aged between 20 and 64

5 - The EMPLOY Charter provides best practice guidance on how employers can support members of staff with breast cancer. It also points out the legal employment rights of people with cancer and employers' corresponding responsibilities under disability discrimination law in the UK. For more information visit www.breastcancercare.org.uk/employ

6 - Secondary breast cancer occurs when breast cancer cells spread from the first (primary) tumour in the breast through the lymphatic or blood system to other parts of the body. A diagnoses of secondary breast cancer means that the cancer cannot be cured, although it can be treated and controlled, sometimes for years.

Ian Manley
National and regional press and PR officer
Breast Cancer Care
Tel: 0207 960 3450
Email: ianm@breastcancercare.org.uk
Website: www.breastcancercare.org.uk

EMPLOY: Breast Cancer Care's guide to best practice in the workplace

Breast Cancer Care is launching the EMPLOY Campaign across the country in May, June and July, a guide and charter aimed at providing employers and employees with support on best practice in the workplace. If you would like more information please contact Chris Quince at chrisq@breastcancercare.org.uk call 0207 960 3569 or visit www.breastcancercare.org.uk/employ

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