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Alison

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I have recently finished treatment for a cancer. I am planning to return to my old job. What are my rights? Can I insist on going back part time at first? Could I lose my job?

After people have finished their cancer treatment they often expect to return to their old way of life- and work- straight away. But everybody reacts differently and some people may feel tired, or have other effects from their treatment, that may take weeks, months or even years to get over. It is very important to look after yourself during this time and not to push yourself or pretend (to yourself or others) that you are fine when really you are not.

The emotional effect of cancer and its treatment can also be very powerful. Many people do find that they need time after their treatment to take stock of what has happened and to rethink what they really want out of life.

All this means there is great variation in how quickly people return to their jobs. Some can't wait, either because it represents an important step on the road to normality and is a sign of really overcoming the cancer or because they just really love their work. Others may want to reduce their hours, look for a new job or even stop work completely as part of readjusting their life and its goals. Some people may feel they have to return for financial reasons and others will have been able to continue working during their treatment.

Because of this there are no hard and fast rules about when and how to return to work, everyone is, and everyone's circumstances are, different.

Employers will also vary in their attitudes.

Most larger companies will provide an occupational health service for the employees which can offer support in various ways to people returning to work. Some are able to rearrange working hours to offer flexi-time or avoid stressful times like rush hours. Sometimes part-time work can be arranged for a while to ease you back into your job. Occupational health departments may also offer counselling (which is entirely confidential) both before and after your return to work.

Depending on your age, some employers may offer early retirement and this might be an option to consider.

An employer who believes that a person's absence from work, or irregular attendance at work is having a negative effect on the business can dismiss that person because they were not capable of doing the work for which he or she was employed.

Dismissal for this reason can be taken to an industrial tribunal if the employee has worked for the same employer for two years continuously.

Under the Disability Discrimination Act 1995, however, employers may have to justify the dismissal of a person with cancer, if they were dismissed on health grounds.

If you are worried that your employer might not be sympathetic and your job could be at risk then you can get more information about your personal rights, as they relate to your own circumstances by contacting either your local Citizen's Advice Bureau (whose address will be in the telephone directory) or your nearest Neighbourhood Law Centre (you can get this address from the Law Centres Federation, 18 Warren Street, London W1P 5DB, telephone 020 7387 8570).

Also your local Social Security Office can advise you about schemes which, depending on your circumstances and finances, might allow you to work part-time whilst still qualifying for benefits like the Disability Working Allowance.


Content last reviewed: 27 January 2005
Page last modified: 27 January 2005

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