Earlier this year, as the professional body for human resources, the Chartered Institute of Personnel and Development (CIPD) published guidance for employers on how to support and manage employees with a terminal diagnosis. Receiving the news that you or a loved one have a terminal diagnosis is one of the hardest things for an employee to face, but research from the CIPD with Simplyhealth shows that just 33% of companies have specific guidance, provisions or training in place to support workers in such a position.
Terminal illness definition
The National Health Service defines a terminal illness as “a health condition you’ll most likely die from”, though definitions vary with Marie Curie defining a terminal illness as “an illness or condition which cannot be cured and is likely to lead to someone’s death”. Terminal illnesses include lung disease, motor neurone disease, advanced cancer and neurological diseases along, unfortunately, with many others.
Legal obligations
The specific obligations that an employer owes an employee with a terminal illness largely hinge on the employment contract and other agreements which are in place, both in writing and verbally, and whether the effects of the illness on the employee are such that they qualify as disabled under the Equality Act.
Presently, there is not much legislation specifically addressing terminal illness – it is not the focus of the Equality Act even though that Act may cover some with such illnesses.
In order to qualify for the protections afforded under the Equality Act 2010, a worker must have a legal disability. People with a physical or mental impairment that has a “substantial” and “long-term” impact on their ability to perform everyday tasks, for at least 12 months, are considered to have a disability for this purpose. As terminal illnesses progress, people are more likely to meet the disability criteria, but those suffering from conditions such as cancer, HIV infection or multiple sclerosis are automatically considered to meet the disability definition and are protected under the Equality Act from the point of diagnosis.
Support mechanisms
The CIPD guidance sets out several ways in which organisations can support employees with a terminal diagnosis. These range from managing leave with compassion and flexibility to promoting good people management.
Organisations should work on creating a culture that is supportive and inclusive, which allows employees to feel like their workplace is a safe space to talk about their, or their family or friend’s, terminal diagnosis. They should feel a sense of psychological security knowing that they are being listened to and being empathetically and sensitively communicated with.
The guidance suggests that organisations should also develop a framework to support employees. This ought to encompass particular policy measures, guidance and buy-in from line managers, and the availability of expert resources for health and wellbeing assistance.
Importance is also placed by the guidance on employers conducting an evaluation of employee benefits and incentives to consider whether they provide financial assistance to those diagnosed with a terminal illness. Certain benefits, like occupational sick pay, are commonly available to all employees, whereas others, such as private medical insurance, are typically distributed based on criteria such as job rank. The guidance suggests some relevant benefits and reward offerings that effectively support employees with a terminal diagnosis including:
- occupational pensions;
- group risk insurance;
- critical illness cover; and
- death-in-service/group life assurance.
The CIPD’s guidance states that individuals should never feel coerced into sharing details about their health if they choose not to. Nevertheless, it recommends that they should have access to support services. It is the responsibility of the organisation to foster an empathetic environment that encourages open dialogue and support-seeking, as well as providing straightforward access to information and resources.
It is crucial to avoid making presumptions and to follow the employee’s lead regarding the information they wish to disclose and the type of support they require. The guidance suggests that it is incorrect to presume that those with a terminal illness are uninterested in engaging in new work projects or attending social gatherings. Even employees on sick leave may still wish to be kept informed about the company’s happenings.
On the other hand, some individuals may struggle with certain work-related activities and choose not to take part. Each person’s circumstances are distinct. The priority is to comprehend each employee’s preferences, making compassionate dialogue with them essential.
The guidance highlights that HR professionals have a pivotal role in aiding employees with a terminal illness. They can implement policies and procedures to assist in ensuring that the organisation treats these individuals with kindness, understanding and respect during such challenging times.
The full CIPD guidance can be read here.
