Gathering Legal and Financial Information

The last things you probably feel like thinking about are legal and financial matters. But it’s important to know the facts about your individual situation, whether you’re employed or self-employed. It’s obviously sensible to talk to your employer and find out details of the general policy and provisions for staff in your situation, but you may wish to carry out some research of your own first.

Disability Discrimination Act

Since the first edition of the Living and Working With Cancer guide was published in 2004, there has been a significant change in the law. The Disability Discrimination Act (DDA) now classes cancer as a disability from the point of diagnosis. (It also covers workers who were disabled in the past even if they are no longer disabled.)

Worryingly, however, a key report on how cancer affects working lives by a coalition of the Chartered Institute of Personnel and Development, Cancerbackup and the Working with Cancer group in 2006 revealed that more than 20 per cent of employers are not aware of the protection given to workers by the DDA . Or that not giving workers sufficient all-round support and sympathy could leave them open to claims. Being harassed in any way, such as being teased about hair loss or gossiped about, is not acceptable. The DDA applies to people living with, and in remission from, cancer from the point of diagnosis onwards, and covers nearly all aspects of employment, from recruitment:

• Terms and conditions of employment.
• Opportunities for promotion, transfer, training and benefits.
• Unfair dismissal.
• Unfair treatment compared with other workers.
• Harassment and victimisation.
• Employment benefits, including health insurance, concessions, canteens, etc.

The employer has a duty to make ‘reasonable adjustments’ to work places and working practices to make sure that people with a disability are not at a substantial disadvantage compared to other people. What is considered a ‘reasonable adjustment’ will depend on different factors, including cost, practicality and degree of benefit. Examples of clearly ‘reasonable adjustments’ include time off for medical appointments, flexibility in working hours and, if necessary, moving a work base. The DDA requires that employees affected by cancer should have reasonable work performance targets, adjusted to reflect their illness, and that eligibility for and participation in incentive schemes should not be discriminatory.

The DDA also applies to primary carers, giving them the right to ‘reasonable’ time off for emergency leave, paid or unpaid at the company’s discretion.  For information on how the DDA can help you see the directory for helpful advice lines and organisations who can provide you with further information.

Guide lines for Employers

The Working with Cancer report also found that more than 40 per cent of employers do not provide any support or information to employees with cancer.  So the coalition went on to produce Cancer and Working: Guidelines for Employers, HR and Line Managers. This comprehensive document is available to download free to both employers and employees at cipd.co.uk/guides

All employees who earn enough money to pay National Insurance contributions are eligible for Statutory Sick Pay (SS P) if they are off sick for more than four days, for a maximum period of 28 weeks. You should receive a form SS P1 (Statutory Sick Pay Leaver’s Statement) from the Department for Work and Pensions (DW P) at the end of the period. If you need more than 28 weeks off, you may then be entitled to Incapacity Benefit.  SSP is a basic minimum, but many companies will have more generous sick-pay entitlements. If you are in a good company, you will be able to get constructive and often compassionate help from your human resources or occupational health departments. SSP is not payable to the self-employed. A self-employed person who is sick can claim Incapacity Benefit if they have been paying the correct National Insurance contributions.

There may be other benefits you can claim, too. The DWP suggests that if you’re in this situation you contact your local Jobcentre Plus, or talk to a benefits adviser at a Citizens Advice Bureau or Law Centre to find out about your entitlements. If you are self-employed, it’s also worth talking to your accountant. Whether you are employed or self-employed, it is also wise to check on your pension status. If your income is below a certain level, you may be entitled to benefits. (If you’re unable to work at any point in the future, these will mount up.) An enormous sum of money goes unclaimed every year, mainly because people feel confused, embarrassed, or are simply unaware that they are entitled to receive these benefits. In addition, the forms can be very long and very difficult to fill in.  Charities such as Macmillan Cancer Relief have special advisers who can help with this.

Private Medical Insurance and Private Health Insurance

If you have private medical insurance (PMI) or permanent health insurance (PHI), you should contact your insurer immediately and check on the terms of your policy. In the UK, the National Health Service provides free care for everyone (unlike, say, the United States), but there are variations nationwide in access to certain diagnostic tests and drugs. Equally, if you have PMI, you may be able to fast-track tests, investigations and the results – and it may also give you choices about where you have your chemotherapy. In general, any private medical cover will look after diagnosis and treatment for cancer, irrespective of the outcome. At least one private medical insurer has a specific plan that covers all aspects of cancer treatment, including outpatient consultations, diagnostic tests, inpatient treatment, aftercare and certain complementary therapies. You will need to check on exactly how much your policy will pay out: some have limits, whereas other policies are geared to a full refund. It’s wise to keep records of everything you claim on your medical insurance, but the vast majority of insurance companies now prefer to deal directly with your health provider, who will bill the insurer and is then reimbursed directly by them.