Being diagnosed with cancer is a traumatic experience – and the last thing you want to worry about is the effect it might have on your job. But what are your rights? iVillage expert Rachel Lewis explains how the law can protect you

It may be some time before the initial shock of a breast cancer diagnosis subsides sufficiently for you to take stock of the impact that it is likely to have on various areas ofyour life. In order to give you an overview and enable you to take stock, here are some guidelines as to what you can and should expect of your employer.

Time off
You'll probably need to take time off for tests and consultations. There's no automatic statutory right to time off for this kind of appointment – but most employers are flexible, and you may also have a contractual right to time off for medical appointments (check your contract/the staff handbook). Sometimes you may be requested to make such appointments at the beginning or end of the working day to reduce disruption. In an absolute worst case scenario, you may have to take time off as sick leave.

Sick pay
When you are absent for treatment or recovery, you will be entitled to statutory sick pay (SSP). This is subject to the statutory limit of 28 weeks in three years. You may also be eligible for contractual sick pay over and above the statutory entitlement. This will depend on the terms of your contract. SSP is currently £64.35 per week. Some contracts provide for, say, four weeks full pay per rolling 12-month period, increasing depending on length of service. Others specify periods of full pay followed by further periods on reduced pay. There may also be provisions in your contract about whether and when you are required to provide a doctor's certificate or complete a self-certification form. You should follow these requirements to make sure you are not in default of any contractual provisions.

Your employer
You may well need to take a fair amount of time off for treatment and recovery, and again, most employers are sympathetic in this kind of situation. You should keep your employer informed of your condition and progress so that it can make the necessary arrangements for covering your job while you are absent. Your employer should also consult you to keep you informed of its plans.

In the vast majority of cases, employers are likely to be sympathetic and supportive and you should not have any problems taking time off. Having said that, there may be a small number of employers who will not be so accommodating. Some employers may have genuine difficulties running their business in your absence, in particular if your illness requires long-term and recurring treatment. They may decide they have no option but to dismiss you. Although you are not entitled to an infinite period of sick leave, you may well have protection from unfair dismissal and discrimination. I would emphasise that in the vast majority of cases it is unlikely you will have to rely on your employment rights. Furthermore, even if you do, you should rest assured that in most cases it is going to be very difficult for an employer to dismiss you in a fair and legitimate manner and that an Employment Tribunal is likely to be sympathetic to someone in your situation.

Unfair dismissal
If you have one year's continuous employment or more you will be protected from being unfairly dismissed. An employer may dismiss you because of your illness, but the dismissal must be fair.

In order for a dismissal to be fair, it must be for one of five reasons – the most likely one in this case will be ‘capability’. If, for example, your illness means that you are out of the office regularly or for long periods, your employer may claim that by reason of your health you are not capable of carrying out your job. However, even if that is the case, your employer must still act ‘fairly’ (as defined by statute) and this has a number of implications on the way in which you are treated.

First, your employer ought to do all it reasonably can to ascertain the position as regards your health. This may mean that your employer wishes to have a report from your doctor or consultant, or it may seek an independent medical opinion as to your condition. Your employer should obtain your consent before gaining access to medical reports, and you have a number of rights as far as seeing copies of reports produced about you are concerned.

Secondly, your employer should consult you throughout your absence and you should keep in touch with your employer wherever possible, so that your employer is fully aware of the situation. Your employer should also consider whether there is any possibility of providing you with alternative work or making reasonable adjustments to your workingConditions. Further down the line, an employer might allow you to take early retirement on grounds of ill health (depending on the terms of your pension scheme), should you need it.

If your employer has consulted you throughout your illness, has ascertained the medical position regarding your health and has considered reasonable alternative employment or adjustment, then harsh as it sounds, they may be able to dismiss you fairly as a result of your illness. However, if an employer has failed to do these things and if you have one year's continuous employment, you are likely to have a strong claim for unfair dismissal, and you would be advised to take specific legal advice before bringing such a claim.

Disability discrimination
Those with a ‘disability’ are protected from discrimination by virtue of the Disability Discrimination Act 1995. Disability is defined as a physical or mental impairment, which has a ‘substantial and long-term’ (i.e. will last for at least 12 months) adverse effect on someone's ability to carry out normal day-to-day activities.

A condition like cancer may change and develop over time. The Act protects you as soon as your condition begins to have some effect on your ability to carry out normal, day-to-day activities: as long as your condition is likely in future to have a substantial effect on your ability to carry out such activities. It can be a shock to discover that you are legally 'disabled' on top of everything else - but in reality, it does offer you substantial protection.

If, according to the Act, it is found that you have been discriminated against – whether you are dismissed, treated unfavourably in terms of salary reduction, or see your job duties change – you will have rights against your employer.

The Act protects you from being treated less favourably than someone who does not suffer from breast cancer without justification for a reason connected with your ‘disability’. An employer also has a duty to make reasonable adjustments to working arrangements or premises if those arrangements put you at a substantial disadvantage.

If you do suffer any less favourable treatment, I'd suggest you take specific legal advice, either from a local solicitor, advice centre or Citizens’ Advice Bureau – or post a message on the Know Your Workplace Rights board.