CANCER AND WORKING GUIDELINES FOR EMPLOYERS, HR AND LINE MANAGERS pdf

CANCER AND WORKING GUIDELINES FOR EMPLOYERS, HR AND LINE MANAGERS Cancer and working – guidelines for employers, HR and line managers These guidelines have been published as a result of a collaboration between Cancerbackup, the CIPD, and the Working with Cancer (WwC) group. Cancer and working 1 Cancer and working 2 Contents I ntroduction 4 First steps: meet with the employee 6 After the first steps meeting 8 During treatment: maintaining employee involvement and engagement 9 Returning to work 10 Disability caused by cancer 11 Giving up work after cancer 12 Death from cancer 13 Legal aspects, including the Disability Discrimination Act (DDA) 14 Conclusion 15 Appendix A Cancer policy template 16 Appendix B Working with Cancer Survey: Summary of key findings 22 Appendix C Case studies 23 Appendix D Information sources 26 Cancer and working 3 Intr oduction Development of the guidelines Each year approximately 90,000 people of working age are diagnosed with cancer. Each year, as treatments for cancer improve, more and more people who have cancer are learning to live with it as a chronic rather than a terminal illness, as are their families, friends and colleagues at work. But has the world of work grasped these facts? A recent survey identified the need for advice and guidance on how to deal with cancer and cancer-related issues in the workplace. The guidelines have been developed to fill this information gap. They have been produced by three groups working closely together: the Working with Cancer (WwC) group, Cancerbackup, and the CIPD. The WwC group was established in 2005 by four working women who had all recently had cancer. They wanted to find out if their perception that there was a need for such guidance was well-founded. Cancerbackup, the UK’s leading cancer information charity, carried out a survey of users of their telephone support line between August 2004 and January 2005 to find out a wide range of information on their users’ experiences of cancer and work. The responses indicated that there was a real information gap around working with cancer. In the spring of 2006, WwC, Cancerbackup and the CIPD designed a survey specifically to determine how far workplace employment policies were meeting the needs of those affected by cancer. The online survey was circulated to the CIPD membership, and the responses indicated a very high demand for both policies and information that could be used in the workplace by employers, employees, co-workers and carers. A summary of the results is available in Appendix B. The full results of the survey can be viewed in detail at www.cipd.co.uk/surveys 4 Cancer and working Why should you use these guidelines? The guidelines for employers are the first of a series proposed to offer help and guidance for the different groups affected by cancer at work. It’s part of a process of acknowledging that many of us in the workplace will be touched by cancer, either directly or indirectly, and that we all have a part to play in working with it and through it. While the guidelines have been written to address the needs of those affected by cancer, they can be applied to any employee diagnosed with a critical, life- threatening or terminal illness. All organisations should have a critical illness policy, and the guidelines should reflect the principles of that policy. An organisation that is perceived to have fair employment policies and practices is far more attractive to potential employees than those that don’t have them, even if they may not be the highest-paying organisation in the marketplace. Reputations, whether good or bad, get quickly established and it’s harder to redeem a bad reputation than to get it right in the first place. The way an organisation responds to the needs of employees affected by cancer or other critical illnesses will have a huge impact, both on employee morale and on how attractive an organisation appears to potential employees. Appendix A gives an example of a cancer policy, which could also be adapted for more general use as a critical illness policy. Any policy should act as a framework for all concerned and, reflecting the key principles below, should: • respect the employee’s dignity and privacy • maintain employee involvement and engagement • ensure the employee suffers no financial detriment • continue to provide employment benefits • adopt a flexible approach • continue to provide access to development opportunities • provide the employee with information and support • support the team affected by the employee’s situation. Cancer and working: guidelines for employers, HR and line managers Being diagnosed with cancer can be one of the most difficult situations that anyone has to face. It can cause great fear and worry, and can affect every aspect of a person’s life, including their ability to work. Many cancers can be cured these days; however, the tests and treatments for cancer may mean spending some time in hospital. Treatments may include surgery, radiotherapy, chemotherapy, or other drugs that can cause unpleasant side effects. The symptoms of cancer or the side effects of treatment may reduce a person’s ability to work as effectively as before their illness. For some people this will be temporary, but others may need to make changes to their work or give up work permanently. People have different views about work. For some, work is the centre of their lives, and they would feel lost without it. For other people, it’s just a means to an end – something they would gladly give up if they could. So, for some people cancer and its treatment will be a challenge; something to get through so they can get back to their normal life, and work. For others, it will be an opportunity to rethink their lives and possibly retire, or take early retirement. It therefore follows that employers should, as far as possible, encourage an open environment where employees who are affected by cancer can raise their concerns without feeling threatened or stigmatised. The existence of a published cancer and working policy, of which employees are made aware, is seen as a step towards achieving that end, and a template policy can be found in Appendix A. The organs and tissues of the body are made up of tiny building blocks called cells. Cancer* is a disease of these cells. It’s important to realise that cancer is not a single disease with a single cause and a single type of treatment. There are more than 200 different types of cancer, each with its own name and treatment. Some causes or risk factors of cancer are known, but in many instances we simply don’t yet have scientific evidence to know what causes a particular cancer. However, it’s important that individuals who have been diagnosed don’t blame themselves. The aim of cancer treatment for many people is to cure the cancer. In some cancers that are very slow growing, or that have spread beyond their original area of the body, the aim may be to control the cancer and delay its progress, sometimes for many years. As a manager, you may find it helpful to know more about cancer and its symptoms, as well as the possible treatments and their side effects. You can find more information at www.cancerbackup.org.uk * Throughout this guide the word cancer is used to describe all forms of cancer, including lymphoma, leukaemia and myeloma. What is cancer? Cancer and working 5 First steps: meet with the employee As soon as an employer becomes aware that an employee has been diagnosed with, or is affected by cancer, the employee should be encouraged to have a confidential and supportive discussion with their line manager, HR manager or occupational health manager (as appropriate within the particular organisation). You should remember that an employee may be a close relative of someone diagnosed with cancer, or their main carer. The company’s policy should detail the options available to the employee in respect of who they first approach, given that the ‘one size fits all’ approach will not suit all organisations or all employees affected by the diagnosis. Exposure to cancer is a very personal experience that can turn people’s lives upside down, so flexibility in allowing affected employees to tell the news in their own way is important in developing trust and supporting respect and dignity. The employee may wish to have a third party present at the meeting, such as a colleague, friend, employee or trade union representative, but the need to respect employee privacy is essential. This also applies to all subsequent work discussions. Notes should be made of the meeting, and these should be available to all parties but not shared beyond those participants without the prior agreement of the employee. The discussion with the employee should be empathetic and cover some or all of the following. The employee’s reaction: • the employee’s emotional reaction to their own, or their family member’s/ dependant’s diagnosis. Who knows, who they would like to know, who needs to know: • whether, and how, they would like other managers (line, senior, associated and so on) and colleagues to be told about their situation • what they would like to be said • permission from the employee to approach and obtain advice from their doctor about their condition, and any recommendations that might relate to work. The likely impact of possible cancer treatment: • on their work and/or ability to attend work • any resulting need for time off • what constitutes reasonable time off to attend medical appointments • whether the employee needs to take sickness absence, emergency leave, or holiday • whether a reduction in working hours, or a change to flexible working, might be appropriate. The employee should be provided with the company’s information on: • flexible working/work adjustment policies • their rights under the Disability Discrimination Act (see Part 8) • return-to-work policies • any employee assistance programme • any private medical insurance (PMI) • any occupational health services • any counselling services • support if the cancer causes disability. Note: Building on Cancerbackup’s research into the inadequate provision of PMI, Cancerbackup and the WwC group, are working together on developing guidelines for purchasing PMI. Cancer and working 6 How absence from work may affect them financially, including: • the company’s sick leave and sick pay policies • any critical illness/long-term disability or permanent health insurance plans that the company may have in place for which the employee may be eligible • Statutory Sick Pay (SSP) • company pension and life assurance schemes where an employee may not be returning to work • employee incentive schemes (bonuses, stock options and so on). The Disability Discrimination Act 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 • reference to the fact that other statutory benefits may apply over time. (Note: the Cancerbackup Freephone Helpline (0808 800 1234 Monday-Friday, 9:00-20:00) can point people in the right direction for information on statutory benefits.) It’s important to remember that not all companies will offer the same benefits; however, all companies need to give their employees information on their statutory rights, and be able to direct them to further sources of information. The employees should also be told about other sources of information and support outside the organisation, concerning: • relevant statutory benefits • how to talk about cancer to their colleagues (this information should come from a trained occupational health manager or a reputable, independent source such as Cancerbackup) • other specialist organisations and charity websites and helplines (as appropriate) • counselling (as appropriate). At this early stage the employer has to strike a balance between: • work and time off: cancer treatment does not always exactly follow the original plan; plans will need constant fine-tuning, as more facts become known and as treatment progresses. • company procedures (where they exist) and employee needs: where appropriate procedures are not in place, a manager may be concerned about setting a precedent, and find the situation difficult. If procedures exist but are too rigid, they may need some flexibility in their interpretation. HR should also be aware of any other similar situations that may have arisen within the organisation and how they were handled, including flexible working, compensation, time off, emergency leave and so on. • too little and too much communication. The employer should also consider the impact of the employee’s absence on the rest of the team, and balance the team’s workloads accordingly. Try to remember that each individual is unique and requires individualised treatment. Cancer and working 7 After the first steps meeting Notes from the first meeting should be made available • The employee should know who to contact if their to all parties, but not shared beyond those participants situation suddenly changes. without the prior agreement of the employee. It’s • If the employee plans to work through some or important to respect the employee’s right to privacy; if all of their treatment, or while they are offering they don’t want colleagues to be told about their cancer support to a family member or care dependant, or carer role, the employer should respect this, as should they should be helped to do so by their employer anyone else who has been involved in the discussion. by reasonable adjustments being made to their working hours, workplace or workload. You should hold another meeting to discuss and agree Occupational health and HR managers should be the points raised in the first. Thereafter, regular reviews able to discuss these issues and work with the line should be arranged to monitor the working managers to help provide solutions. arrangements, and to ensure that sufficient support is • If the employee would like someone else to being offered. Modifications should be agreed as and tell their work colleagues about their cancer, when necessary and/or appropriate. The following issues employers should arrange for this to be carried should be discussed and agreed: out in a sensitive manner by someone who has a good understanding of cancer and the effects of treatment and who is able to deal with the reactions of those being told. • Employers should ensure that cancer information and support provided to employees from minority ethnic communities is culturally appropriate. It may be of help to direct employees to additional services, such as Cancerbackup. Cancer and working 8 [...]... by cancer, as well as advice for employees The Working with Cancer group has subsequently expanded, after attracting other working men and women who have been affected by cancer, and is primarily focused on developing a series of best practice guidelines for employers, employees, co-workers and carers, around the theme of working with cancer Cancerbackup is a national charity, providing a helpline for. .. Publishing Written by a cancer specialist and psychotherapist, this book aims to help people make sense of a cancer diagnosis to regain control of their lives Cancer and working 29 www.cancerhelp.org.uk (Cancer Research UK) www.dwp.gov.uk (Department for Work and Pensions) Contains patient information on all types of cancer and Gives information on all aspects of work and benefits has a cancer research clinical... of policy) Cancer and working 21 Appendix B Working with Cancer Survey: Summary of key findings A recent survey of employers, which was the result of a partnership between the Working with Cancer group, • Just 14% of organisations formally track the incidence of cancer in the workplace the patient information charity Cancerbackup, and the CIPD, explored how organisations are currently handling • Under... must • relevant company benefits contact [XXX] before treatment for pre-authorisation of • counselling and other support services eligibility and cover • flexible working and work adjustment policies • other sources of information and support Telling your line manager and HR Once you’re clear about the nature of your cancer and Telling your work colleagues and clients any impact it will have on your work,... 24-hour, confidential and free telephone helpline service you are caring for is referred for further advice or for counselling This service is strictly private and treatment, you must contact [XXX] before treatment for confidential and there is no individual feedback to the pre-authorisation of eligibility and cover company The helpline number is [XXX] Telling your line manager and HR In addition, there’s... specialist cancer nurses by email and has a question -and- answer section REES, G (2000) Understanding cancer Poole: Family Doctor Publications • contains all of Cancerbackup’s 70+ booklets and 300+ factsheets in full Clearly written and well-illustrated providing information • recommends further reading on what cancer is, how the diagnosis is made and • has detailed discussion of complex cancer issues for. .. members of Working Website: www.cipd.co.uk with Cancer formed a core group with a number of other working men and women who have been The CIPD is the professional body for those involved in affected by cancer, with the principal objective of the management and development of people and has producing a series of best practice guidelines for more than 124,000 individual members The CIPD’s employers,. .. comprehensive information on cancer and treatments www.dipex.org (Database of individual patient experiences) www.sofa.org (Society of Financial Advisers) Contains information about some cancers and has video Searchable database of independent financial advisers and audio clips of people talking about their experiences of cancer and its treatments Also contains www.workingaftercancer.co.uk (Working after cancer) ... social and psychological Set up by a man who had cancer, this site has practical effects of cancer advice and tips on employment issues www.disabilityalliance.org (Disability Alliance) Has detailed information on all aspects of disability, including benefits 30 Cancer and working The Working with Cancer group was formed in Autumn 2005 by four women who had had cancer, with the aim of providing information... helpline for people who believe that they A national charity providing expert treatment and care may be experiencing disability discrimination at work through specialist Macmillan nurses and doctors, and Also publishes useful guides and leaflets which can be grants for patients in financial difficulties The Macmillan obtained from their helpline or website In some cases, CancerLine gives information for . CANCER AND WORKING GUIDELINES FOR EMPLOYERS, HR AND LINE MANAGERS Cancer and working – guidelines for employers, HR and line managers These guidelines. with information and support • support the team affected by the employee’s situation. Cancer and working: guidelines for employers, HR and line managers