Cancer in The Workplace

Cancer in the Workplace
A Workbook for Union Representatives
TUC Education and Macmillan Cancer Support

are working together to improve the experience of
people affected by cancer
TUC Education and Macmillan Cancer Support

are working together to improve the experience of
people affected by cancer
2010 TUC
Second edition July 2013
ISBN 978 1 85006 890 7
TUC Education, Congress House, London WC1B 3LS
Tel 020 7079 6920, fax 020 7079 6921
https://www.tuclearning.net/
Design: RIMA
Print: Newnorth
This title may also be made available, on request, in accessible
electronic formats or in Braille, audiotape and large print, at no extra
cost. Contact TUC Publications on 020 7467 1294.
Acknowledgements
TUC Education acknowledges with thanks the help of Simon Ferrar in the revision
of this workbook.
Contents
Foreword 1
Introduction 2
Who is the course for? 2
Course aims 3
Course activities a flexible approach 3
Course resources where to find them and how to obtain them 4
Accreditation 5
Examples of 1-, 2- and 3-day course programmes 7
Pre-course activity: Finding information for the course 9
Activity 1: Introductions and aims of the course 10
Activity 2: Introduction to Macmillan Cancer Support and working
through the Cancer Toolkit 11
Action points for union reps 12
Activity 3: Using the Learn Zone 14
Section 1: How cancer affects people 15
Activity 4: So what exactly is cancer? 15
Section 2: How to talk about cancer 17
Activity 5: The impact of cancer 17
Section 3: Workplace support strategies 18
Activity 6: Improving policies and procedures for cancer in the workplace 18
Activity 7: Cancer and the Equality Act case studies 21
Activity 8: The role of occupational health 30
Activity 9: Supporting members leaving work, bereavement and
rehabilitation 37
Section 4: Personal finance 40

Activity 10: Help with the cost of cancer 40
Section 5: Legislation 43
Activity 11: Understanding rights and responsibilities 43
Section 6: How Macmillan can help 44
Activity 12: Organising a cancer support project, campaign or event 44
Section 7: Action planning and review 49
Activity 13: Course review 49
Section 8: Useful contacts and resources 50
Websites 50
TUC Education contacts 52
A Workbook for Union Representatives 1
Foreword
Over 700,000 people of a working age are living with cancer

across the UK. With survival rates improving and people retiring
later, the working age population is set to double by 2030. Many
will continue to work after, or even through, their treatment for
cancer. Getting back to work during or after treatment provides
enormous psychological as well as financial benefits; research
increasingly shows that it also aids recovery.
However, many employers still struggle to provide the support
employees need, either through a lack of knowledge or
understanding about the illness or legal rights, or because they Frances OGrady
have difficulty dealing with various issues that arise and striking TUC General Secretary
a balance between the needs of the individual and those of the
organisation.
There is enormous scope for well-informed trade union reps to
ensure employers support their staff effectively. This workbook
contains all you need to know about how cancer affects people,
an employees rights, the responsibilities of their employer and a
variety of workplace support strategies. There is also information
on the many sources of support available in the wider community.
Macmillan Cancer Support and TUC Education developed these
learning materials in 2010 and since then, hundreds of workplace
reps, safety reps and union tutors have used them to consider how Ciarn Devane
they can support people affected by cancer in the workplace. We Chief Executive
are delighted to introduce the revised and updated materials, and Macmillan Cancer Support
were confident that our partnership will continue to improve the
lives of people living with cancer.
2 Cancer in the Workplace
Introduction
Trade unions have been at the forefront of the Reps also play a supportive role for their
campaign against the use of carcinogens in the members in offering advice and guidance on
workplace. Many substances once claimed to cancer-related information and the facility to
be safe have been recognised as dangerous accompany the union member when they need
only because unions highlighted the fact that to talk to management or other work colleagues
workers were dying as a result of exposure, or and a negotiating role when they need to
because unions have campaigned for their ban request changes to work patterns and for
or control. One example is asbestos, which kills reasonable adjustments so that the person can
4,000 workers each year but which employers continue working.
claimed was safe until as recently as the 1980s.
TUC Education has developed this course in
Trade unions have worked to the aim of partnership with Macmillan Cancer Support
eliminating workplace exposure to anything to provide information, guidance and support
that causes cancer. Where possible, this for union reps who may have members who
will involve removing carcinogens from the have been diagnosed with cancer or who are or
workplace completely: where this is not become carers for someone with cancer.
practical, the worker should be fully protected
from exposure. Examples of where a worker is
at risk of exposure to a cancer-causing agent
Who is the course for?
that cannot be removed include radiographers This workbook is aimed at a wide range
with radiation, quarry workers with silica and of union reps, union learning reps, project
bus mechanics with diesel exhaust. workers, union professionals, organisers and
activists to help them deal with the increasingly
Union reps play a preventative role in ill
common situation of employees who are
health in the workplace and work-related
diagnosed with cancer.
cancers by ensuring that:
risk assessments and the competent person The activities and resources are designed to be
carrying them out are vigilant in recording used flexibly for any of the following:
potential dirty and dusty working conditions, a union representative who wishes to
stress factors and lack of personal protective improve facilities and policies at work
equipment concerning cancer
information and training is provided about a union health and safety rep who has
cancer-linked ill health concerns about substances or work
campaigns and awareness-raising activities processes that may be cancer causing
are organised around well-being such as a union learning rep who wishes to promote
stopping smoking and healthy eating. learning and awareness about cancer in the
workplace
an equality rep who wants to ensure that find out about key contacts and sources of
work situations are improved and fair information to be able to support and refer
treatment is practised when dealing with members to useful organisations.
employees who have disabilities or require
reasonable adjustments as a result of cancer
Course activities a flexible
a union activist involved in developing and approach
organising campaigns and events or learning
partnerships where other reps, union There are many ways that you can use the
members and staff can be involved. learning materials, which encompass different
ways to learn. The materials can be used
Whatever your involvement, there are plenty of separately or combined, depending on how your
interesting activities and valuable information course is organised. Learning resources include:
that will raise your interest and awareness to help
the 1-, 2- or 3-day face-to-face TUC course
you provide further support for your members.
Cancer in the Workplace: A Course and
Guidance for Union Representatives
Course aims the TUC online version of the same
The course aims to help union reps to: the DVD for employers Cancer in the
explore issues to be faced if a union member Workplace produced by Macmillan and a
is diagnosed with cancer booklet resource to be used in conjunction
with it the DVD shows five powerful case
find out more about cancer in the workplace,
studies and the potential situations that
its causes and effects
employees and employers may experience in
become familiar with employment rights and the workplace; the sections and activities in
benefits and how they can be used to advise this course reflect those in the DVD, but from
and inform members who may be diagnosed a union rep perspective
with cancer or who are carers
the learnzone http://learnzone.org.uk/
build up the support of work colleagues and courses/, where you can access interactive
the employer towards a positive attitude that online learning about cancer and consider
values the person how to support union members diagnosed
look at best practice to improve policies with cancer and their carers.
and procedures to support employees from
diagnosis to rehabilitation and for carers
develop a plan to organise a cancer support
project, campaign or event
Course activities in this publication can be: Acas Code of Practice on Disciplinary and
organised as a structured 1-, 2- or 3-day Grievance Procedures and Discipline and
course Grievances at Work: The Acas Guide, both
used as standalone short activity sessions in from www.acas.org.uk or Acas publications
conjunction with particular sections of the 08702 42 90 90.
Macmillan DVD for lunchtime sessions or Essential resources for a TUC online
with a visiting speaker course Cancer in the Workplace:
delivered as a series of sessions over a number Once your online course application has
of weeks at the start or end of a shift been confirmed by the TUC you can access
self study, utilising information from the the same resources as above through your
Macmillan website and Learn Zone TUC online course. This will enable you
blended learning part face-to-face and part to complete an accredited course. See
online activities. Accreditation below.
Essential resources if you do not have
Course resources where to access to computers/and or a DVD player:
find them and how to obtain In a face-to-face course your tutor will
them have copies of resources for the course. Or
you can order them yourself as hard copy
Essential resources for a face-to-face 1-,2-
materials listed above by calling Macmillan
or 3-day Cancer in the Workplace course
Cancer Support 0800 500 800.
if you have access to computers and/or a
DVD player: You will need:
You will need The activities in this manual Cancer in
the Workplace: A Workbook for Union
Activities in this workbook designed
Representatives.
for reps, which are based on information
from Macmillan Cancer Support Macmillan publications
www.macmillan.org.uk. Work and Cancer
You can register with the Macmillan website to: How are you Feeling?
obtain its cancer toolkit Hello and how are you?
download publications Help with the Cost of Cancer
use the Learn Zone for self study.
ACAS publications
the Macmillan DVD and booklet resource
for employers Cancer in the Workplace Acas Code of Practice on Disciplinary and
and other resources can be found at http:// Grievance Procedures
be.macmillan.org.uk/work This link will take Discipline and Grievances at Work: The Acas
you to all the latest publications on work and Guide
cancer from Macmillan; click on All product Both are available from www.acas.org.uk or
types to get the full list. A leaflet Questions Acas publications on 08702 42 90.
About Work and Cancer provides a list of all
Macmillan work and cancer resources and is
also available following the above link.
Essential resources for self-study TUC Publications

Log on to the Macmillan website Occupational Cancer: A Workplace Guide.
http://bemacmillan.org.uk, which contains Available at www.tuc.org.uk/workplace/
all the Macmillan resources listed above. The tuc-20601-f0.pdf
Learn Zone http://learnzone.org.uk has self- Occupational Health: Dealing with the Issues:
study courses and a link to the TUC resources An Education Workbook for Union Reps
and this Cancer in the Workplace course. Hazards at Work
Not essential but other useful publications Restoring Health, Returning to Work
for any course or session: What Matters is What Works: Rehabilitation
Macmillan and Retention
Coping with Shortness of Breath Regular updates on most frequently asked
Coping with Fatigue questions on rights at work can be
Practical Help in Advanced Cancer obtained from www.worksmart.org.uk and
the TUC e-bulletin for safety reps Risks at
Cancer Survivors Guide
www.tuc.org.uk.
Understanding Lung Cancer
Men and Cancer
Accreditation
Chemotherapy
The Emotional Effects of Cancer If you achieve the learning outcomes for the
TUC Education Illness at Work unit you can
Health and Safety Executive receive 3 credits at Level 2 through the National
Working Together to Prevent Sickness Absence Open College Network, which accredits
Becoming Job Loss: A Guide for Safety Reps, the programme. Credits can be built up to
available at the workers page on the HSE site or achieve a TUC qualification. TUC Regional
http://www.hse.gov.uk/involvement/ Education Officers can provide you with further
hsrepresentatives.htm information on qualifications that are available
Managing Sickness Absence and Return to to union representatives across the UK (details
Work (HSG249) HSE guidance for employers at the end of this workbook).
with emphasis on the role of the trade unions in
agreeing procedures.
For employers there is a Sickness Absence
Recording Tool (SART) from http://www.hse.
gov.uk/sicknessabsence/sart/index.htm
Case studies on how sickness absence has
been improved in organisations
www.hse.gov.uk/sicknessabscencee/xperience.
htm.
6
Name: Unit Title: Illness at work

Learning Outcomes Level 2 Evidence Location
1. Recognise hazards and risks 1.1 Identify symptoms and
associated with specific causes of specific illnesses in
illnesses at work the workplace
1.2 Identify hazards, and explain
the risks associated with
specific illnesses at work, e.g.

occupational asthma, alcohol
and drug-related illnesses
2. Understand how legislation, 2.1 Identify a range of sources
company policy or other and types of relevant
requirements relate to specific information
illnesses at work 2.2 Identify the relevant legal
standards or policies
2.3 Describe how the identified
information relates to specific
illnesses at work
3. Understand prevention, 3.1 Identify the main forms
control and action measures of prevention and control
associated with specific measures relating to specific
illnesses at work illnesses at work
3.2 For a specific illness: Select
appropriate information
Produce a plan for dealing
with specific illnesses in the
workplace, which includes
actions
KEY: SS = summary sheet TO/PO = tutor/peer observation M = minutes FC = flipchart P = plan O = other
NB: You do not need to write in more than two occasions in the Evidence column, e.g. first piece of evidence, best piece of evidence
Examples of 1-, 2- and 3-day course programmes

1-day programme
Day 1
Welcome and enrolment
Activity 1: Introductions and aims of the course
Activity 2: Introduction to Macmillan Cancer Support and working through the Cancer Toolkit
Activity 3: Using the Learn Zone
Activity 4: So what exactly is cancer?
Activity 5: The impact of cancer
Activity 9: Supporting members
or
Activity 11: Understanding rights and responsibilities
Activity 12: Organising a cancer support project, campaign or event
Activity 13: Course review
2-day programme
Day 1
Day 2
Activity 6: Improving policies and procedures for cancer in the workplace
Activity 7: Cancer and the Equality Act case studies
or
Activity 10: Help with the cost of cancer
or
3-day programme
Day 1
Day 2
Activity 6: Improving policies and procedures for cancer in the workplace
Activity 7: Cancer and the Equality Act case studies
Activity 8: The role of occupational health
Day 3
Activity 10: Help with the cost of cancer
Activity 11: Understanding rights and responsibilities
Activity 13: Course review
Pre-course activity Finding information for the course
Aims
This activity will help you:
prepare for the course
find out about support from your union and workplace.
Task Before the course try to find the following information from your union rule
book, journal, leaflets and publications or website. At work you might find the
information in the staff handbook, staff intranet (if you have one), company
publications, HR or Occupational Health departments. Senior reps and health and
safety reps might be able to help as well.
Dont worry if you cannot find all of the information even one or two examples
will be useful and can be shared with the whole group.
Information from your workplace:
sickness and absence policy ( particularly for long-term ill health and
rehabilitation)
flexible working policy
services and support supplied by Occupational Health, e.g. counselling, GP
advice, health cash plans
views and comments from union members who are willing to talk about their
experience or who are carers for someone in their family who has cancer; find
out what support they received from the workplace and the union.
Information from your trade union:
ill-health and death benefits
medical or nursing support, e.g. convalescent homes
legal representation
help with making a will.
Report back Please bring the information with you to the first day of the course.
Activity 1 Introductions and aims of the course

Estimated time: 30 minutes
Aims
get to know more about each other
work out aims for the course/session
practise interviewing, listening and note-taking skills.
Task Work with another person. Find out some basic information about their
workplace and union background. Look at the course aims to complete the last
point. You might want to take some notes to remember what they say.
Use these headings for your interview:
name
union
experience and position(s) in the union
workplace and job
numbers of people at the workplace and the jobs they do
other courses they have been on
any experience of cancer issues, either work-related or personal.
Refer to the course aims what they want to get out of the course.
Report back Be prepared to introduce your partner to the rest of the group.
Introduction to Macmillan Cancer Support and

Activity 2
working through the Cancer Toolkit
Estimated time: 1 hour 30 minutes
Aims
understand the support and resources available from Macmillan
access the Macmillan Cancer Toolkit
identify useful aspects of the Macmillan organisation and its Toolkit that will
help you to support members, staff and carers affected by cancer.
Task 1 Watch Scenario 1: Breaking the News from the DVD Cancer in the Workplace
or the Macmillan website together with the rest of the course members.
Task 2 Working in groups, list the support that a union rep could provide for:
the employee
the employer
other colleagues.
Task 3 Access www.macmillan.org.uk

Look at the information on the home page and see if there is anything you can
add to your list in Task 2.
Cancer information
Get involved
How can we (Macmillan) help
Report back Write your key points on a flipchart.
Elect someone from your group to summarise and report back the
key points of your discussion.
Action points for union reps Choose a private place to talk and make sure
you wont be interrupted.
The role of the union rep to support
Be prepared for the meeting to overrun. Let
members diagnosed with cancer in the
your union member set the pace.
workplace is to:
Show it is okay to be upset by remaining
approach the employee, provide listening time
calm. Allow your union member to recover if
and build up trust and prevent isolation
emotions spill over.
be vigilant and proactive in order to forewarn
Respond to humour (but dont initiate it) if
work colleagues and the employer of possible
your union member tells a joke; humour is a
issues
legitimate coping mechanism.
deal with facts to prevent rumours
Feel able to adjourn the meeting if the person
encourage communication by the individual becomes too distressed to continue.
and with direct work colleagues
provide information about rights and benefits Some phrases to try out
give people choices about how they want to Introduction, who you are and why you
proceed would like to speak with them
ensure confidentiality and fair treatment My name is I am a union rep and I would like to
ensure reasonable adjustments are made so offer my help with
that the person can continue to work Some of your work colleagues have contacted
maximise legal rights me about
provide examples of best practice and explain Ive been talking to some other people and
different work patterns open to the employer How are you feeling?
to provide
Basic information learn about the person
improve policies and procedures for sickness
and their work
and absence policies, time off for treatment
and rehabilitation How long have you been working here?
represent union members at interviews and Whats your job/role? Do you like it?
disciplinaries, and persuade the employer to How many other people work with you?
be reasonable Have you worked in this industry long?
promote work and normal routines as part of Issues and experiences
the therapy process
Find out about the persons issues and
provide information about useful organisations experiences by using open questions:
and contacts.
How are things going at work?
Talking to members sensitive and Whats good about working here?
supportive contact What would you like to see changed to make
You may feel awkward talking about cancer. your work easier?
You will want to help, but it can be hard to know
what to say. Try to tailor your approach to the If you are already aware of the issue:
individual. Are you worried about?
Whats happening about?
Who else are you worried about? or your union is here to help. You can use real-
How have your work colleagues been? life examples of how the union can help in their
workplace. You also need to find information
Develop your listening skills to use to help them and where to signpost the
Hearing isnt listening just because you hear person for further help.
the words, this does not mean you are listening.
You hear with your ears but you also listen Empathy
with your mind. Commit yourself to receiving Focus on the issue that affects the person
accurately the other persons ideas, facts, and what they are experiencing from work
feelings. colleagues, Occupational Health, HR and the
Look at them listen to the non-verbal signals employer. It is useful to have a plan and some
as well as the verbal. Listen with empathy for information prepared beforehand and then talk
the time being put yourself in the other persons this through with the union member to give
place. Use phrases such as You sound very them options about how to proceed.
upset. This will stop you from interrupting and Confidence
forgetting how difficult it is to think and talk at Talking with some knowledge and experience
the same time. about how you might expect the employer to
Reinforce the speaker show you are listening respond and what options are available can
by, for example, nodding, saying yes, I see or help to reassure members.
what happened next?, paraphrasing, etc.
Honesty
Recognise your own feelings; remember it is It is important that you are honest with
okay if you get upset you are only human members, particularly if they criticise the union
too. Dont make assumptions or jump to or employer or feel that they are in a hopeless
conclusions. situation. You can help them to understand the
Face the person squarely. approaches of the union and the employer by
Maintain contact on a regular basis. being open and honest about difficulties. No
large organisation can be perfect and you will
Be accessible at all times. Look for ways to not be trusted by the union member if you try
make it easy for the union member to contact to claim that it is. It is important to remember
you. This might mean arranging to meet on that you do not need to know the answer to
a regular basis or making a phone number every question you may be asked; if you dont
available for them to contact you. know the answer to a question, promise to find
Remove the barriers out and get back to them.
There are many barriers in the way of people
speaking openly about difficult or unexpected
situations. An effective rep aims to remove
as many of them as possible. Consider how
you present yourself to the member and the
language you use. You need to be confident
and sympathetic. A good technique is to use
inclusive language such as our concerns are
Activity 3 Using the Learn Zone

Estimated time: minimum 1 hour 15 minutes (plus added time later to complete online
activities as decided by the group)
Aims
register at the Macmillan Learn Zone
access an online course
identify how you might use this facility.
Task 1 Using computers, work in pairs to help each other.

1. Access www.macmillan.org.uk.
2. Register yourselves in the Learn Zone. NB. Keep a note of your password.
3. Click on Members of the Public.
4. Select the online course Introduction to Cancer.
5. Make a start on the online course.
6. Depending on the length of the course you are attending, decide with your tutor
how much time you will spend in the course to complete the online session.
7. You can complete the online activities outside of the course hours or after the
course has ended.
Task 2
Having spent some time using the online course, identify:
strengths and weaknesses of the online course
how you might use or promote the online course in the workplace
what you will need to do to organise this.
One person from each pair should report back.
Action points for union reps

There are further cancer-specific e-programmes and online courses in the Learn Zone that you
may wish to complete at a later date or publicise to others:
Benefits Awareness
Equality and Diversity
Can we Talk About Work
Section 1
How cancer affects people
Activity 4 So what exactly is cancer?

Aims
understand the different types of cancer
identify how to tell if someone has cancer
understand how to help break down barriers of silence.
Task 1 Working in groups, look at the information either at the Macmillan website or in
the Macmillan publications.
Group 1: Give an explanation of what cancer is and reference some different types.
Group 2: Explain how you might recognise that someone may have cancer.
Group 3: Treatments
Explain when surgery might be necessary.
Explain chemotherapy and its effects.
Group 4: Treatments
Explain radiotherapy and its effects, hormone treatment and immunotherapy.
Report back Elect a spokesperson to report back to the whole group.
Task 2 As a whole group, watch Scenario 2: Confidentiality and Colleagues from the
DVD Cancer in the Workplace or the Macmillan website.
Draw up a checklist of points to identify what a union rep can do to help support
people who do or do not tell their employer and other work colleagues.
Elect a spokesperson to report back to the whole group.
Action points for union reps

Details about the following AZ list of cancers can be found on the Macmillan website
www.macmillan.org.uk.
Anal cancer Lung cancer

Bile duct cancer (cholangiocarcinoma) Lung cancer, secondary
Bladder cancer Lymph node cancer, secondary
Bone cancer Lymphoma
Bone cancer, secondary Lymphoma, Hodgkin
Bowel cancer Lymphoma, non-Hodgkin
Brain tumours Melanoma
Brain tumours, secondary Mesothelioma
Breast cancer in women Myeloma
Breast cancer, DCIS Neuroendocrine tumours
Breast cancer in men Ovarian cancer
Breast cancer, secondary Oesophageal (gullet) cancer
Colon and rectalcancer Pancreatic cancer
Cervical cancer Penis cancer
Childrens cancers Prostate cancer
Endocrine tumours Pseudomyxoma peritonei
Eye cancer (ocular melanoma) Skin cancer
Fallopian tube cancer Small bowel cancer
Gall bladder cancer Soft tissue sarcomas
Head & neck cancers Spinal cord tumours
Kaposis sarcoma Stomach cancer
Kidney cancer Testicular cancer
Larynx cancer Thymus cancer
Leukaemia Thyroid cancer
Leukaemia, acute lymphoblastic Trachea (windpipe) cancer
Leukaemia, acute myeloid Unknown primary cancer
Leukaemia, chronic lymphocytic Vagina cancer
Leukaemia, chronic myeloid Vulva cancer
Liver cancer Womb (endometrial) cancer
Liver cancer, secondary
Section 2
How to talk about cancer
Activity 5 The impact of cancer

Aims
understand how people are affected by cancer
identify what trade unions offer to support members experiencing cancer-
related ill health.
Task 1 Working in groups, look at the information either at the Macmillan website or in
the Macmillan publications. Discuss your experiences at work and at home and
note some key points on how cancer affects the work, home and social life of the
following people:
Group 1: The person diagnosed
Group 2: The employer
Group 3: Work colleagues
Group 4: A person who becomes a carer for someone diagnosed with cancer
All groups: Are there language or cultural issues to consider?
Task 2 Watch Scenario 4: Carers and Treatment from the DVD Cancer in the
Workplace or the Macmillan website.
Task 3 Find out what support your trade union offers for long-term ill health (such as ill-
health payment, convalescent homes).
Draw up a checklist of points that identify what a union rep can do to help
support people who are diagnosed with cancer and their carers to maintain a
quality lifestyle.
Section 3
Workplace support strategies
Activity 6 Improving policies and procedures for cancer

in the workplace
Aims
compare policies and procedures for supporting people with cancer
identify best practice.
Task 1 Watch Scenario 5: Importance of Work from the DVD Cancer in the Workplace
or the Macmillan website.
Task 2 Working in groups of three, look at the information either at the Macmillan
website or in the Macmillan publications on policies for organisations and the
cancer policy template.
Compare your policies and procedures for sickness and absence and how far they
support people with cancer in the workplace.
Task 3
Complete the comparison chart on the next page and highlight or asterisk what
you think is best practice in your own policy.
How does your policy compare with the Macmillan sample policy?
Report back Write your key points on the comparison chart showing the
different arrangements for each workplace.
Each person will be asked to report back on one or two of the items
listed on the comparison chart on the next page.
Comparison chart: Sickness and absence policies

Employees diagnosed with cancer
Workplace 1 Workplace 2 Workplace 3

On diagnosis
Support offered
Communication
Payments during sickness
Working during
treatment
Options for flexible
working
Time off
Returning to work
Options
Disability caused by
treatment
Fairness Resolving
disagreements
Equality Act
Other
Other
Other
Carers/employees with a family member diagnosed with cancer
Workplace 1 Workplace 2 Workplace 3

Deciding to stop work
Support offered
Balancing work and

caring responsibilities
Flexible working
Financial considerations
Bereavement
Other
Other
Other
Activity 7 Cancer and the Equality Act case studies

Aims
identify support for people diagnosed with cancer
become familiar with the Equality Act and what is meant by reasonable
adjustment.
Task Working in groups, look at the case studies below.

As a union rep what advice and support would you give?
Which aspects of the Equality Act in the Action Points for Union Reps text (on
page 27) would be useful?
What do you think was the outcome? (Dont look at the actual outcomes on the
next pages until you have arrived at your own conclusions.)
Case study 1 Returning to work
Mrs McLaren, 47, a local council car park attendant for 11 years, was recovering from
breast cancer. She requested just a little more time to get back on the road to recovery.
Mrs McLaren was backed by her union, the GMB. She was sacked in March after she
had been off sick for more than a year. Her doctor had said she needed just a bit longer
to get back on her feet, perhaps until June.
The council used her previous sickness record from four years ago, when she was off
because of a back injury. She was upset when called to a meeting to discuss her latest
absence weeks after she had surgery for breast cancer.
At another meeting, she was told she could come back on a phased basis and use up her
holidays to make up her pay. Mrs McLaren said, when her chemotherapy treatment was
completed and she was due to start radiotherapy: I really felt quite vulnerable, I was
tired, depressed and crying quite a lot. Everything seemed to be getting on top of me.
Case study 2 Throat cancer
Mr McLauchlan, a senior loss prevention manager with Stolt Comex Seaway Ltd, was
diagnosed with throat cancer in May 1997. He was dismissed in July 1998 for perceived
lack of performance. His salary had been 60,000 pa.
He had taken 40 days off work since May 1997 for treatment of the cancer but otherwise
had continued working while undergoing treatment, albeit with reduced responsibilities.
His condition then stabilised (i.e. he was in remission).
Case study 3 Breast cancer
Deborah Sander, a part-time school teacher on a one-year, fixed-term contract, did not
have her contract renewed after taking time off for breast cancer treatment. She was
employed by Kings of Wessex School in Cheddar, Somerset for the year beginning
September 1998. In the autumn term of 1998 she arranged treatment to be on her
days off, but she had to go into hospital for surgery in December, followed by scans
and radiotherapy through to summer 1999. Her contract was not renewed and she
complained that the school had used her temporary contract as an excuse to dismiss her
because of her cancer.
Case study 4 Bullying
Mrs Bryant, 47, a nursery nurse, was diagnosed with breast cancer in March 2003. Over
the following seven months she had both breasts removed, followed by reconstructive
surgery. Janet Bryant expected sympathy from her woman boss but she was sent a
pair of plastic breasts as a joke Christmas present while she was recovering at home.
Managing Director Susan Thompson also taunted her with remarks such as oh, Ive
dropped a boob and keep abreast of things.
The Managing Director had sent a friend of Mrs Bryant to deliver the gift: I didnt think
it was humorous at all and she knew me well enough after years working for her to know
how I would feel.
The bullying continued when Mrs Bryant returned to work. Her surgery and the removal
of back muscles had left her with less upper body strength and the Managing Director
allegedly made comments about her ability to lift children and equipment.
It was a constant drip-drip effect. She treated me differently to when I was able-bodied.
It was bullying. I became disabled and it was a problem in her eyes. Eventually she found
what she thought was a reason to get rid of me. Mrs Bryant was sacked after nine years
service at the Ring o Roses nursery in Gateshead, Tyne and Wear, amid allegations she
had breached child protection rules.
Case study 5 Dismissal by email
A teacher who claimed she was sacked by email while suffering from bowel cancer is
suing her former nursery school for 25,000.
Melinda Bodnar, 27, was given a 30 per cent chance of survival when she was diagnosed
with the tumour in November 2008, and spent seven months on chemotherapy.
While off sick in March the following year, Melinda received an email from the privately
owned school telling her she was fired.
The email read: You will see that you havent been paid for this month you have been
on full pay up until now but I am afraid I cannot manage that any longer, as I am sure you
will understand.
Case study 6 Early retirement
Miss Greenock, 54, a students records assistant at the further education college, where
she had worked for 23 years, went off sick in March 2006 having been diagnosed with
breast cancer. She made a good recovery as a result of treatment and applied for early
retirement and ill-health retirement during her absence. At a meeting in February 2009
she was advised the council might have no option but to terminate her employment if
she did not return to work. She was advised on 5 March 2009 that, as she did not intend
to return to work at any time, they had no option but to terminate her employment.
Violet Greenock from Bathgate, complained that the main reason for her dismissal was
her employers (West Lothian College) failure to pay an extra 44,000 into her pension
to allow her to retire six years before her normal retirement age of 60.
Case studies: The outcomes
Case study 1 Returning to work
The council said Mrs McLaren was to lose her job after almost 11 years. She
accused council officials of being unsympathetic, lacking compassion and placing
her under pressure to return to work when she was feeling vulnerable. The council
denied pressurising her to return to work and claimed it had dealt with the situation
compassionately, and the tribunal said it felt the council dealt sympathetically with her.
Christine Livingston, of Digby Brown Solicitors, who represented Mrs McLaren, said: This
judgment is a classic example of how the current law on unfair dismissal is stacked in favour
of employers. While the tribunal was clearly sympathetic to Mrs McLaren and found that
it would have been reasonable for the council not to have sacked her when they did, they
nevertheless found that her dismissal was not unfair. An appeal is being considered.
Case study 2 Throat cancer
The Aberdeen Employment Tribunal found in Mr McLauchlans favour and awarded him
79,708 for disability discrimination and 2,310 for unfair dismissal (source: The Times
on 10 August 1999, news section, page 5).
Case study 3 Breast cancer
In March 2000 an employment tribunal awarded Deborah Sander 9,050 compensation

for unfair dismissal and disability discrimination, inclusive of 7,954 for injury to feelings
(sources: Guardian and Daily Telegraph, 30 March 2000).
Case study 4 Bullying
The tribunal awarded Mrs. Bryant 3,000 for unfair dismissal and 11,250 for disability
discrimination, including 7,500 for injury to feelings. It heard that Mrs. Thompson had
not apologised to Mrs Bryant for the offence she caused.
Despite losing the case, Mrs Thompson insisted she had done nothing wrong. She said:
She worked at the nursery for nine years and never brought any grievances to my
attention during her time there. The first I learned of these alleged acts of discrimination
was when I received Mrs Bryants tribunal claim form in 2007, when she complained.
Mrs Bryant claimed incapacity benefits because she was too stressed to go back to work.
Her 24-year marriage broke down because of the stress. It was two very difficult years.
Tribunal judge John Warren said: The tribunal finds this gift was a particularly sick joke,
if it was intended as a joke. In her defence, Mrs Thompson, who owns the nursery,
called a witness who suffers from irritable bowel syndrome who had been given a toilet
roll as a present but was not offended by it.
Case study 5 Dismissal by email
Melinda sued her former nursery school for 25,000. The school denied disability
discrimination and claimed Melinda Bodnar had resigned before being diagnosed with
cancer. The case will be heard at a south London tribunal in 2010.
Case study 6 Early retirement
The case was published on 16 April 2009. After two years off sick following a diagnosis
of breast cancer, Violet Greenock from Bathgate lost her unfair dismissal claim. She
complained the main reason for her dismissal was her employers (West Lothian College)
failure to pay an extra 44,000 into her pension to allow her to retire six years before her
normal retirement age of 60.
She took her case to an employment tribunal complaining this was unfair. But the
Edinburgh tribunal rejected her complaint, accepting the colleges explanation that Miss
Greenock, although fit to return to work, did not wish to do so. The option of ill-health
retirement was pursued and a medical examination was carried out, but it was decided
that ill-health retirement was not appropriate as she was fit to return to work. The college
rejected her early retirement application as it would have had to contribute an additional
44,000, which it was not in a financial position to meet.
She appealed, arguing the decisions had been based on her physical ability and not
her emotional ability. She said she was tired and she could not do it. But her appeals
were unsuccessful. She had previously been offered flexible options to enable her return
to work.
Employment judge June Cape accepted Miss Greenock had no intention of returning
to work whether fit or otherwise and ruled dismissal was within the range of responses
open to a reasonable employer.
The Edinburgh tribunal ruled Miss Greenock was not unfairly dismissed and rejected
her complaint.
Action points for union reps allowing extra breaks to help an employee
cope with fatigue
The Equality Act (2010)
temporarily allowing the employee to be
Under the Equality Act (2010), it is unlawful for restricted to light duties
an employer to discriminate against a person
adjusting performance targets to take into
because of their disability. Everyone with
account the effect of sick leave/fatigue etc.
cancer is classed as disabled under the Equality
on the employee
Act and so is protected by this Act.
moving the employee to a post with more
The Equality Act covers workers who were suitable duties (with the employees
disabled in the past, even if they are no longer agreement)
disabled. So a person who had a cancer in the moving a work base for example,
past that has been successfully treated and is transferring to a ground floor office if
now cured will still be covered by the Equality breathlessness makes it difficult to climb stairs
Act. This means their employer must not
ensuring suitable access to premises for
discriminate against them for a reason relating
employees using wheelchairs/crutches etc.
to their past cancer.
providing toilet facilities appropriate for a
The employer has a duty to make reasonable disabled employee
adjustments to workplaces and working allowing working from home
practices to ensure that people with a disability
allowing phased (gradual) return to work
are not at a disadvantage compared to others.
after extended sick leave
What is considered a reasonable adjustment providing appropriate software (such as
depends on things such as: voice-activated software for employees
the cost of making the adjustment unable to type)
the amount the adjustment will benefit the changing a job interview date/time so as
employee not to clash with an applicants medical
the practicality of making the adjustment appointment.
whether making the adjustment will affect The Equality Act covers the recruitment
the employers business/service/financial process; the terms and conditions of
situation. employment; opportunities for promotion,
transfer, training and benefits; unfair dismissal;
Some examples of a reasonable adjustment
unfair treatment compared to other workers;
include:
and harassment and victimisation.
allowing an employee time off to attend
medical appointments Despite these laws, discrimination may still
modifying a job description to take away occur if an employer doesnt take a persons
tasks that cause particular difficulty situation into account. For example, this can
include:
allowing some flexibility in working hours
an employer not making reasonable changes
to enable a person with cancer to do the job
(e.g. to cope with fatigue)
an employer suggesting that a person with Victimisation

cancer would be better off not continuing to Under equality rights law, victimisation is
work when a disabled employee is treated less
being dismissed for a reason relating to their favourably than other employees as a result of
cancer their attempt to assert their rights as a disabled
being demoted to a lower-paid or less person.
demanding job An example of this would be that an employees
being passed over for promotion in favour of manager is awkward about a request for time
someone with less experience or ability to do off for a chemotherapy appointment. The
the job employee reports the problem to the HR
being chosen for redundancy for a reason department. The HR manager tells the manager
related to the cancer (for example, if the that they must let the employee have the time
person had a higher rate of sick time than off.
their colleagues)
The manager is angry that the employee went
not being given a job because of the cancer over their head to the HR department. As a
not being allowed time off for medical result, the manager doesnt allow the employee
appointments to go on a training course and gives them a
having an unfavourable appraisal or poor appraisal. So, victimisation occurs when
performance review (for example, if the an employer takes revenge on an employee for
person had a lot of sick leave or tiredness and trying to assert their disability rights.
had not met targets or objectives as a result
Good practice for union reps
of this)
Work with your supervisor, manager, HR or
an employer disrupting the persons
Occupational Health departments to resolve
entitlement to sick pay
the problem informally.
an employer making an employees life very
Talk openly to the union member about their
difficult so that the employee feels they
needs and give them options to help them
cannot stay in their job
resolve and progress the situation.
being abused by employers or colleagues
Find out about relevant company policies
(e.g. being given unfair workloads)
from your employer or HR department. Look
victimisation (see below). at the Employee Handbook if you have one.
Some problems may happen because of Go to your employer with suggestions and
misunderstandings about cancer. An employer solutions suggest reasonable adjustments
may assume that a person can no longer do the for the union member that could help, for
same job, or that the stress of having cancer example working from home, flexible hours,
makes them a poor candidate for promotion. using holiday time, changing their role or job
description, adjusting targets or objectives, or
Colleagues may also think that they will need
changing to lighter duties.
to do extra work because a person cant do
the job. Any of these attitudes towards people
with cancer can lead to subtle or obvious
discrimination in the workplace.
If the union member wants to go back to We have had a number of union members who
work after long-term sick leave, suggest a the management wanted to leave work as they
phased return in which they increase their had been diagnosed with long-term ill health.
hours gradually over a period of time. However, the union reps were able to get an
If adjustments are needed at your agreement for one person to do computer-based
workplace, find out further information work at home where the employer paid for the
about the Access to Work Scheme at the broadband links and did a risk assessment to
local Jobcentre Plus office. ensure that they had a separate space at home
to do their work. For another person we got an
Examples of good practice agreement that the person who had ill health
I am a union rep in a paint factory. There were could come to work in a taxi, which was paid by
parents who both worked at the factory and the company. Tim, CWU rep
had a child with leukaemia. They worked on I had a union member who could not carry
different shifts. They were worried about on with their job and so I asked that they
going into the manager to tell him about it and be put on lighter duties. I got an agreement
explain what they needed, so they contacted with management that the person would be
me to go in with them to give them support. monitored weekly to see how they were getting
The manager was really supportive and allowed on. They only lasted a week on that job and had
them the flexible working time they asked for. to be moved again but at least they could keep
Ricky, GMB rep working while they sorted themselves out.
I am a UCATT convenor on a large building site Barbara, Usdaw rep
in central London. Our site has an occupational In the local authority we held joint meetings
nurse and we run joint health and well-being with management to agree a new procedure
campaigns on stopping smoking and drugs and for introducing rehabilitation. Anyone who
alcohol awareness. We have a well mens clinic was absent for 4 weeks or more would benefit
and there are information leaflets all over the from a personal action plan to help them return
site about prostate and testicular cancer. to work. As the union we made sure that
Terry, UCATT rep this was applied fairly and not used as a way
I had a member diagnosed with cancer who to force people back to work. Management
worked for a local authority for 14 years. They and union reps received training about the
wanted to quickly dismiss him but as his union new procedure. It was accompanied by MOT
rep I argued they could not do this until they lifestyle checks for all employees and medical
had seen the full occupational medical report. advice and referral for any condition, including
He was kept on with full pay for a further six cancer-related issues.
months until the report had been received Sheila, UNISON rep
and action considered. This gave my union
member the time and money to sort out his
arrangements. Chris, UCATT rep
Activity 8 The role of occupational health

Aims
review your employers occupational health provision
identify areas for improvement.
Task Working in pairs and using the worksheet on the next page, compare your
employers occupational health provisions to show:
the occupational health services your employer provides
what could be improved.
Worksheet: The role of occupational health

Does your employer Workplace 1 Yes or No Workplace 2 Yes or No
provide this service? What can be What can be
improved? improved?
Prevention of health risks,
e.g. policy, risk assessments,
planning control measures
Consultation with the union

about how OH is provided
Health education,
e.g. smoking, stress,
bereavement, obesity
Individual counselling for

any of the above
Trained and qualified

OH staff
Access to specialist
services or consultants,
e.g. ergonomists, ventilation
engineers
Does the employer follow

the advice of specialist or OH
staff?

improved? improved?
Equality of access for all
workers, e.g. shift workers,
part-time or casual workers,
older workers, workers with
disabilities
Keeping OH records
Is privacy and confidentiality

guaranteed?
OH reports routinely shared

with individuals
Producing ill-health
statistics and examining
trends, e.g. dust, fumes,
radiation
Health surveillance of
individuals exposed to
specific cancer-causing
health risks, e.g. blood tests
Routine health surveillance

of those at potential risk
Health screening of workers

who request it, e.g. blood
pressure, lung function

improved? improved?
Fitness for work referrals
start of employment or
following periods of sickness
Help with rehabilitation and

return to work
Testing, e.g. for drugs,

alcohol
Environmental monitoring,
e.g. dust, fumes, fibres,
micro-organisms
Other
Trade unions and occupational health to work after long-term illness.

(OH) OH support is not widespread in the UK and
Trade unions have a long history of identifying is often neglected in favour of short-term
work-related cancer and ill health and absence management. Disciplinary measures
getting employers to improve standards and are the most commonly used response to
procedures. These include: sickness absence, despite the fact that most
asbestos-related disease non-attendance is due to ill health.
heart disease A June 2007 Investors in People survey
cancers caused by chemicals, dusts, fibres found that 17 per cent of employers believed
and radiation it would be too expensive for them to
improve their workers well being. Another
stress-related disorders.
24 per cent of bosses said they did not
Key facts know what action they should take. From
An HSE survey revealed that only three the workforce side, almost a third (30 per
per cent of UK companies use basic but cent) of employees said that their employers
comprehensive occupational health and think healthy working is either a wasted
safety advice. investment, a waste of time, nothing to do
with them, or that it doesnt mean anything.
A European survey has shown that the UK
has the lowest level of OH provision in the The table below shows cancer-related
developed EU, covering just 34 per cent of complaints made to the Disability Rights
workers. Commission (now the Equality and Human
Historically the UK has had one of the worst Rights Commission).
records in Europe for the return of employees
Nature of complaint % of all calls

relating to
cancer
Employers not making reasonable adjustments 82.0
Dismissed because of disability; capability concerns; sickness absence; 18.0
dismissed after informing employer of medical condition
Forced into redundancy/ill-health retirement 14.5
Threatened with dismissal/redundancy 13.5
Disability-related absence has led to disciplinary action 7.5
Job relocated due to disability 5.8
Issued with formal warning due to taking time off to attend treatment 5.8
Action points for union reps checking records and statistics on ill health
bringing issues to the attention of the safety
Occupational health ensuring good
committee and to other workers
practice
working with OH to back up or make
Union reps and safety reps have a key role to
requests to the employer for resources
play in supporting union members prior to them
telling their employer about their diagnosis, regularly review disciplinary assessments to
during and after treatment and in bereavement identify patterns
or rehabilitation situations. They can use their ensuring early intervention on improving
rights to be proactive and influence plans and reasonable adjustments and flexible working
procedures for OH activities at work. These arguing for ring-fenced funding for OH
include: involving committed people in regular health
ensuring a centralised and preventative, promotion, awareness campaigns and events
proactive system encompassing planning, checking that OH is providing regular reports
organisation, control, monitoring and review, of activities to company boards and safety
with a clear work programme and targets so committees
that the organisation is just not reacting to ill
regularly auditing the effectiveness of
health when it occurs
services provided, including in-house and
ensuring that occupational health procedures outsourced provision
cover individuals rights under the Data
ensuring that there is OH cover for all parts
Protection Act to see medical information
of the workforce and include specific issues
held by their employer and the right see
that will generate use of OH by hard-to-reach
medical reports about them from third
or under-represented workers, for example
parties to their employer under the Access to
smoking, testicular cancer
Medical Reports Act 1998 (for example from
their GP or consultant) ensuring OH remains confidential and
independent of the employer
integrating OH into risk management and
ensuring that OH staff are competent and having robust systems for collecting and
qualified and that they and the employer take reporting ill-health information.
advice and act on recommendations from Identifying cancer in areas where it is
specialists work-related
prioritising and carrying out inspections, In some workplaces there may be certain jobs
surveys, audits, environmental tests, or processes that use substances which may
monitoring and risk assessments in cause cancer.
departments/areas where there may be
the risk of cancer and be provided with the Onset
results Cancers take time to develop. The gap between
carrying out regular health checks and exposure and cancer being diagnosed is called
screening, particularly in cases of notifiable or the latency period. It varies from cancer to
cancer-related diseases cancer and from case to case. For example, the
asbestos-linked cancer mesothelioma occurs Does it have special marker features?

on average 2025 years after exposure to Science is developing quickly to find particular
asbestos, but it can be more up to 50 years marker features that would identify work-
or as little as 5 years. related cancers. So far there is no one
Do any other workers have the same technique that can do this. Some cancers are,
problem? practically speaking, found only where there
has been exposure to a particular substance
In large workforces several people may have
mesothelioma and asbestos, and anglosarcoma
the same cancer and the same exposure, but
(a liver cancer) and vinyl chloride monomer.
this is quite uncommon cancer incidence
(new cases each year) is quite low. Finding
out about retired workers may add new cases.
Careful investigation is needed to find out what
the cancer type was, when it occurred and
whether the date fits with latency periods and
chemical exposures. The number of cases in a
cluster can be compared with the number that
would be expected in the population that is not
exposed at work.
Is it a known risk of this job?
Many cancers are a known risk for a particular
job. To check this, use a database such as
www.occam.it.
Is there a known risk from exposure?
You can find out more from a database such as
www.healthandenvironment.org, which can
tell you whether exposures at work have been
linked to a particular cancer and how strong the
evidence is.
Has the exposure been enough?
Any exposure to a carcinogen carries some risk;
heavier short exposures and long periods of
exposure carry higher risks.
Family history and past medical history
Is there a family history of the cancer
concerned? Had there been a diagnosis before
exposure took place (this would rule out a
cancer being related to the exposure).
Supporting members leaving work, bereavement

Activity 9
and rehabilitation
Aims
identify key issues for union reps in supporting members in leaving work,
bereavement and rehabilitation
understand the help and advice available from Macmillan and other support
organizations.
Task The tutor will place four flipcharts around the room, each with one of the
headings below. Each group will list the issues important to union reps when
supporting a member in the following situations. List the issues for the question
you have been designated, then move round clockwise to each flipchart and add
to the list of the previous groups.
Use the information either at the Macmillan website or in the Macmillan
publications to help you.
1. Examples of a good and a bad rehabilitation practice
2. A member having to leave work due to diagnosis of long-term cancer illness
3. A member suffering from depression or stress resulting from bereavement due
to cancer-related illness
4. A member requiring rehabilitation who wishes to return to work for three days
a week
Report back Elect a spokesperson to report back to the whole group to cover a
summary of the issues on your original flipchart.
Supporting members leaving work, There should be alteration of workplace/

bereavement and rehabilitation workstation where necessary.
One of the main purposes of medical There should be a phased return to work.
examination must be to see how the employer There should be the provision of adaptations,
can help people adjust to the demands of their aids or retraining where necessary.
work, assessing permanent disabilities or those There should be changes to working hours
that arise temporarily from injury, illness, age where necessary.
or other factors. Employees who may need
There should be transfer to a different job
alternative work or adjustments in their work
on a temporary or permanent basis where
regime or continued medical surveillance up
necessary.
to the time of full resumption of normal work
should have the benefit of an occupational There should be a review of transport
health service (OHS). arrangements for example, the option of
home working where travel is difficult.
Confidentiality and mutual trust are vital in this If hours are reduced or the job is changed
process. Disclosure by workers of difficulties there are no legal rights to pay protection;
in coping with their work must not lead to however, it should be considered
transfer, downgrading or even redundancy. As sympathetically. Equally, reduced hours are
advised by the OHS, employers should arrange no good unless the workload is reduced
for alternative and comparable employment or accordingly.
suitable retraining. These new arrangements
should be put in place only after discussions What can union reps do?
between management and trade union reps. Understand any trigger mechanisms your
employer may have for dealing with absence,
Rehabilitation UNISON guidance
for example the Bradford Factor, which might
UNISON lists a number of features that should give weighted scores that are applied rigidly
be part of a rehabilitation policy: or unfairly.
It should be consistent with related policies Make rehabilitation a policy goal.
such as return to work, sickness absence
Promote employer Investment in employee
management and capability procedures.
health, providing access to good OH facilities
It should not be linked with the disciplinary and workplace health initiatives.
procedure.
Be responsive to absence reporting and
There should be a clear relationship with any health monitoring needs, keep in touch
OHS provision. with sick employees, ensure early response
An independent case manager should be with referral for medical checks, be alert to
allocated to liaise with. disability issues and ensure application of
The advice of the employees GP or medical practical rehabilitation measures.
specialist should be followed in planning a Promote the idea that ill health does not have
return to work. to be a disciplinary matter.
A range of options should be available.
There should be alteration of job/task where
necessary.
Assume in the first instance that sickness

absence may be due to work-related causes
that should be investigated.
Involve all levels of management in
rehabilitation, including line managers,
personnel/human resources managers,
OHSs and senior managers.
Work with other unions, union reps and their
members, be open on health and absence
issues, and collaborate with them fully in the
development of relevant policies.
Section 4
Personal finance
Activity 10 Help with the cost of cancer

Aims
become familiar with financial support systems
identify how the union rep can help.
Task Working in groups, look at the information either at the Macmillan website or in
the Macmillan publication Help with the Cost of Cancer.
Each group should look at one of the following and list the key points of
information/advice that you would give:
people of working age
carers
pensioners
childrens needs.
What can be claimed for:
housing costs
health costs
loans, grants and other expenses.
How can union reps help members obtain the relevant financial support?
Action points for union reps get their paperwork in order listing all their
accounts, investments and pension scheme
Financial issues details as well as any debts
A diagnosis of cancer can affect finances and arrange or update a will
cause money problems. The union rep can find
if terminally ill, see if they can obtain a
out about benefits that members are entitled
viatical settlement, which is a transaction
to and signpost them to support specialists for
where an independent finance company
help and advice.
buys an existing life insurance or endowment
Good practice policy from the person, thereby enabling
Encourage union members to seek advice on money to be gained quickly through an
their financial situation. immediate cash sum. These settlements are
usually available only to people expected to
Find out about different groups offering
live less than three years.
benefits, help and advice such as local
hospitals, self help groups, social services, Some key entitlements to find out
Social Security offices and independent about are:
financial advisers (IFAs). IFAs can assess in some areas of the country Universal
individual financial situations and recommend Credit has replaced Employment and
the best course of action. Support Allowance, Housing Benefit, Income
Encourage union members to: Support, Job Seekers Allowance and tax
credits; in other areas it will do so in the near
contact the Department of Work and
future. Universal Credit is claimed online:
pensions to find out their entitlements
visit www.gov.uk for more details
to statutory benefits and sick pay
www.dwp.gov.uk employed and unable to work Statutory
Sick Pay (SSP)
speak to their employer about company
pay benefits and how to make a claim, if SSP runs out and the employee is still
and whether retirement on ill health/ unable to work Employment and
medical grounds is an option. If they are Support Allowance (ESA)
in a company occupational scheme and if long-term (minimum nine months) or
terminally ill they may be able to access their permanent disability and the employee
pension straight away requires help to look after themselves
check any health-related insurance Personal Independence Payment (PIP)
policies and how to make a claim and other (if under 65) or Attendance Allowance
insurances that might cover unemployment, (AA) (if over 65). Both can be claimed if the
mortgage and credit card cover employee is still working
list financial outgoings and income so that if someone is looking after the person with
the employee can reduce or stop payments cancer Carers Allowance
and plan other changes such as their if cancer is caused by work the employee
mortgage payments may qualify for Industrial Injuries Benefit
people on low income may be able to claim

Income Support or Pension Credit,
allowing them to claim various other benefits
such as Housing Benefit, Council Tax
Benefit and free school meals
help with Council Tax bills. Council Tax
Benefit has been abolished and each local
authority has its own Council Tax reduction
scheme
Child Tax Credit and Working Tax Credit
help with NHS costs, including travel
for hospital treatment, dental treatment,
prescriptions, wigs, glasses and sight tests
grants: these are one-off payments from
cancer support specialists such as the
Macmillan organisation. People under
21 can apply to CLIC Sargent email
grants@clicsargent.org.uk or phone
0300 330 0803. The Association of Charity
Officers (ACO) helps people to find specific
assistance depending on the type of cancer
the person has, where they live and their
religion at www.turn2us.org.uk or free
helpline 0808 802 2000.
Carers
Often a family member will have to become
carer for a partner, child or relative who has
been diagnosed with cancer. Under the Work
and Families Act (2006) a carer can request
flexible working. For a parent with a sick child,
parental leave can be taken. Any employee
who has one years continuous service will
be entitled to this if their child is under five
years old. Their contract of employment must
continue through the leave period. Leave
can be taken in blocks of one week up to a
maximum of four weeks in one year. The parent
can also take time off for emergencies.
Section 5
Legislation
Activity 11 Understanding rights and responsibilities

Aims
identify employer responsibilities and rights for members
ensure that cancer issues are dealt with effectively in the workplace.
Task 1 Watch Scenario 3: Rights and Responsibilities from the DVD Cancer in the
Workplace or the Macmillan website.
Task 2 Working on the topics below, identify:

the persons rights in the scenario
what the employer must do.
Group 1: Health and safety
Group 2: Disability discrimination
Group 3: The right to request flexible working
Refer to the Macmillan website or the Macmillan publications to help you.
Section 6
How Macmillan can help
Activity 12 Organising a cancer support project, campaign or event

Aims
draw up an effective plan for organising a cancer support project,
campaign or event
compare different plans and activities
identify problems and issues and how they be overcome.
Task Working in pairs or small groups, look at the list of activities on the next page.
Decide which ones might best suit your cancer support project, campaign or
event.
Access the the be.macmillan website to find information on how to:
create your own posters and flyers
order merchandise
order information on cancer
set up fund-raising ideas and campaigns.
Group 1: Health and safety
Group 2: Disability discrimination
Group 3: The right to request flexible working
Complete the worksheet below called Organising a Cancer Support Project,
Campaign or Event to help you to structure your plan.
Identify any problems, barriers or issues you may encounter in making your
activities run smoothly.
How might you overcome these? Who could help?
Report back Explain your plan to the rest of the group.

Checklist: Organising a cancer support project, campaign or event

Which of the promotion and organising tools would be most effective in your workplace?
Activity Include in Description

my plan
Yes/No
Fund-raising activity, e.g. Race for Life, a
fun run
Survey or questionnaire
Quiz (written or email)
Union post-it notes I called to talk to you

about the campaign/event but you were
out
Union postcard(s)
Newsletter
Information leaflet for different workers

or in different languages
Organising a petition
Targeted communication to focus on

particular campaigns/groups, e.g. breast
cancer, testicular cancer, safety reps and
work hazards linked to cancer, no smoking
Electronic communication blogs,
YouTube
Electronic singing postcard
Text messaging by phone
Campaign blog
Exhibition/displays/wallcharts
Activity Include in Description

my plan
Yes/No
Union advice poster with blank centre for
news item to be displayed
Single-issue based campaign
T-shirts
Stickers, badges, mugs
Training or discussion groups
Lunchtime learning groups or late night/

end or start of shift learning
Staff awareness training
E-learning courses:
- Macmillan Learn Zone courses or
- Unionlearn/Macmillan Union Reps
Cancer in the Workplace course
Organising displays/events about learning
opportunities
Organising an awareness open day in the
union learning centre
Visits or social events, and encourage
members and their families to join in
Invite a speaker to a meeting/branch
Negotiate or improve an agreement

Activities What will you do? Resources/help Barriers,

When problems, issues?
Target area/group
Main messages/
information you want to
get across
How will you involve

more reps, e.g. ULRs,
equality reps?
How will you involve your

employer? Include HR
department.
How will you involve

your Occupational Health
department?
How will you publicise

your project, campaign,
event?
What further training

might be required?
Other
Action points for union reps attending a course, quotes from people
and their aspirations are useful to show the
Organising a cancer support project, effects of your activities.
campaign or event
Six steps to a successful campaign: 6) Evaluate how things are going projects,
campaigns or events sometimes do not go
1) Strategic planning plan your target group smoothly and you might need to modify
and key messages. Secure appropriate activities to suit the circumstances.
resources for the campaign from your
union, employer or by fund-raising. Forward
planning will give your project, campaign or
event a better chance of success.
2) Set objectives that are SMART (Specific,
Measurable, Achievable, Realistic, Time-
bound). Define the weak spots and potential
problems or barriers.
3) Communicate find out about cancer in the
workplace issues and areas of interest. Use
peoples different skills and interests to get
them involved. Mobilise active support for
the campaign from a wide range of people
union members, staff, friends, management,
community, etc. Make it interesting so that
people want to join in. Set up an organising
committee or network. Give supporters
realistic tasks to complete.
4) Publicise your project, campaign or event
leafleting, mail-outs, phone calls, social
events, targeted meetings, seminars,
workshops, conferences, speakers,
competitions, letter/email writing, paid
advertising/posters, vigils, workplace or
public meetings, media campaigns including
press, TV and radio, regular campaign
briefings, placed articles and targeted press
releases, lobbying, getting on radio phone-
ins, paid advertising and posters.
5) Keep records of what takes place statistics
of how many attended events, case studies,
numbers responding to questionnaires or
Section 7
Action planning and review
Activity 13 Course review
Aims
review what you have done on the course
identify what you have learned about cancer in the workplace
decide how to use what you have learned back at the workplace.
Task Please use the following questions as a guide:

What did you find most useful about the course?
What did you find least useful?
How will you use what you have learned back at the workplace?
Which Macmillan resources did you find most useful?
Which did you find least useful?
Do you have any suggestions for improvements to the course?
Can you suggest any further training for reps, union members, employers or
Occupational Health that might be useful?
Any other comments
Section 8
Useful contacts and resources
Websites
Website Tel Description
www.macmillan.org.uk 0808 808 00 00 Can help you with up-to-date information
on diagnosis, symptoms, treatments,
clinical trials and more.
www.breastcancercare.org.uk 0808 800 6000 Dedicated to providing support and
information to women with breast cancer
or other breastrelated problems, as well
as to their families, partners and friends.
www.paulscancersupportcentre. 020 7924 3924 Provides support, information and
org.uk complementary therapies for people
affected by cancer.
www.cancerblackcare.org.uk 020 7378 4999 Offers practical and emotional support,
addressing the cultural and emotional
needs of Black and Minority Ethnic people
affected by cancer, their friends and family
and carers.
www.carersuk.org 020 7490 8818 Information and support for people caring
for relatives and friends.
www.chaicancercare.org 0808 808 4567 Provides emotional, physical, practical and
spiritual support to Jewish cancer patients,
their families and friends.
www.carers.org 0844 800 4361 Over 200 schemes across England and
Wales that provide a range of services for
carers.
www.cruse.org.uk 0844 477 9400 Offers help to people bereaved by death,
in any way, whatever their age, nationality
or belief.
www.dialuk.org.uk 01302 310123 DIAL UK is the national organisation for
the DIAL network of approximately 135
advice centres run by and for disabled
people.
www.dlf.org.uk 0300 999 0004 Aims to make everyday life easier for
disabled people, older people and their
carers, by giving expert and impartial
advice about equipment.
www.helpthehospices.org.uk 020 7520 8200 Publishes a directory of hospice and
palliative care services.
Website Tel Description

www.leukaemiacare.org.uk 08088 010 444 Promotes the welfare of people with
leukaemia and allied blood disorders.
www.lymphomas.org.uk 0808 808 5555 Provides information and emotional
support for lymphoma patients and their
families.
www.mariecurie.org.uk 0800 716 146 Hands-on palliative nursing care is
provided during the day and/or overnight
in patients homes by a nationwide
network of Marie Curie nurses.
www.canceradvice.co.uk 0870 777 0401 The NCA aims to represent the interests
of cancer patients and their relatives, to
increase awareness about cancer services,
diagnosis, treatment and care, and to
promote and monitor standards of cancer
treatment and care.
www.ovacome.org.uk 0207 299 6654 UK support and information network for
people affected by ovarian cancer.
www.patients-association.com 0845 608 4455 Represents the views and interests
of patients to Government, health
professionals, managers and industry and
campaigns for improved health services.
http://prostatecanceruk.org 020 8222 7622 Provides support and information to
anyone concerned about prostate cancer.
http://prostatecancerfederation. 0845 601 0766 A national network of local self-help and
org.uk support groups providing information and
support to anyone affected by prostate
cancer.
www.prostatecancer.org.uk Answers queries and provides newsletters,
a support network and a book on prostate
cancer. Two first class stamps appreciated.
www.roycastle.org 0333 323 7200 Dedicated to defeating lung cancer
through research, prevention and support
for those affected.
www.sueryder.org 0845 050 1953 The 20 care centres in Britain care for
patients with many different disabilities
and diseases.
www.tuc.org.uk 020 7636 4030 Contains information about trade unions in
the UK and all aspects of rights at work.
www.equalityhumanrights.com 0808 800 0082 The Equality and Human Rights
Commission brings together all the
organisations working against all aspects of
discrimination.
TUC Education contacts

National
Liz Rees National Trade Union Education Manager
t 020 7079 6923 e lrees@tuc.org.uk
Jackie Williams Education & Training Officer
t 020 7079 6924 e jwilliams@tuc.org.uk
Martin Hegarty Education & Training Officer
t 020 7079 6946 e mhegarty@tuc.org.uk
Craig Hawkins Online Learning Officer
t 020 7079 6947 e chawkins@tuc.org.uk
Anna Kalsi E-learning Support Officer
t 020 7079 6957 e akalsi@tuc.org.uk
Natasha Owusu Administrator
t 020 7079 6927 e nowusu@tuc.org.uk
Regional Education Officers
Harry Cunningham REO in Scotland
t 0141 221 8545 e hcunningham@tuc.org.uk
Pete Holland REO in the North West
t 0151 236 7678 e pholland@tuc.org.uk
Julie Cook REO in Wales
t 02920 347010 e jcook@tuc.org.uk
Marie Hughes REO in the South West
t 0117 947 0521 e mhughes@tuc.org.uk
Ian West REO in Northern region, Yorkshire and the Humber
t 0191 232 3175 e iwest@tuc.org.uk
Pete Try REO in East & West Midlands
t 0121 236 4454 e ptry@tuc.org.uk
Rob Hancock REO in Southern & Eastern
t 020 7467 1369 e rhancock@tuc.org.uk
Phil Gowan REO in Southern & Eastern
t 020 7467 1238 e pgowan@tuc.org.uk
Kevin Doherty Northern Ireland ICTU Education & Training Officer
t 02890 2479 e kevin.doherty@ictuni.org
Published by TUC Education
Congress House
London WC1B 3LS
Tel 020 7079 6920
Fax 020 7079 6921
https://www.tuclearning.net/
Second edition July 2013
ISBN 978 1 85006 948 5

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A Workbook for Union Representatives

TUC Education and Macmillan Cancer Support

TUC Education and Macmillan Cancer Support

Section 4: Personal finance 40

Over 700,000 people of a working age are living with cancer

Essential resources for self-study TUC Publications

Name: Unit Title: Illness at work

specific illnesses at work, e.g.

Examples of 1-, 2- and 3-day course programmes

Pre-course activity Finding information for the course

Activity 1 Introductions and aims of the course

Introduction to Macmillan Cancer Support and

Task 3 Access www.macmillan.org.uk

Activity 3 Using the Learn Zone

Task 1 Using computers, work in pairs to help each other.

Action points for union reps

Activity 4 So what exactly is cancer?

Action points for union reps

Anal cancer Lung cancer

Activity 5 The impact of cancer

Activity 6 Improving policies and procedures for cancer

Comparison chart: Sickness and absence policies

Workplace 1 Workplace 2 Workplace 3

Carers/employees with a family member diagnosed with cancer

Workplace 1 Workplace 2 Workplace 3

Balancing work and

Activity 7 Cancer and the Equality Act case studies

Task Working in groups, look at the case studies below.

Case study 1 Returning to work

Case study 2 Throat cancer

Case study 3 Breast cancer

Case study 4 Bullying

Case study 5 Dismissal by email

Case study 6 Early retirement

Case studies: The outcomes

Case study 1 Returning to work

Case study 2 Throat cancer

Case study 3 Breast cancer

In March 2000 an employment tribunal awarded Deborah Sander 9,050 compensation

Case study 4 Bullying

Case study 5 Dismissal by email

Case study 6 Early retirement

an employer suggesting that a person with Victimisation

Activity 8 The role of occupational health

Worksheet: The role of occupational health

Consultation with the union

Individual counselling for

Trained and qualified

Does the employer follow

Does your employer Workplace 1 Yes or No Workplace 2 Yes or No

Is privacy and confidentiality

OH reports routinely shared

Routine health surveillance

Health screening of workers

Does your employer Workplace 1 Yes or No Workplace 2 Yes or No

Help with rehabilitation and

Testing, e.g. for drugs,

Trade unions and occupational health to work after long-term illness.

Nature of complaint % of all calls

asbestos-linked cancer mesothelioma occurs Does it have special marker features?

Supporting members leaving work, bereavement

Supporting members leaving work, There should be alteration of workplace/