Breast cancer and your work rights

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.