World Cancer Day took place recently on 4 February. Given the number of people diagnosed with cancer each year, the incidence of employees returning to work following a cancer diagnosis is not uncommon. However, research conducted in 2016 found that 18% of people diagnosed with cancer face discrimination from employers or colleagues on returning to work, 14% give up work or are made redundant, and 15% return to work before they feel ready. So what are employers’ legal duties in relation to employees with cancer and how can they be best supported? We look at this on our website.

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Sarah Jackman

About Sarah Jackman

Sarah specializes in employment law and is counsel in Dentons' Glasgow office. With extensive in-house experience in the financial services sector, she is a trusted advisor to many of our high-profile clients. Known for aligning her legal advice with clients' business priorities and culture, Sarah often acts as an extension of in-house legal and HR teams. Her background in banking gives her a deep understanding of HR's role in regulatory matters, allowing her to advise on both contentious and non-contentious issues – particularly those related to the Senior Managers and Certification Regime. Sarah is also a frequent speaker at client events and has a keen interest in employee wellbeing. In 2024, she was selected as an inaugural member of our Shadow Executive Team.

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EAT finds you cannot cherry pick from without prejudice conversations

The Employment Appeal Tribunal (EAT), in the recent case of Graham v. Agilitas IT Solutions Ltd. (Agilitas), ruled that an employer cannot rely on parts of a without prejudice conversation held in accordance with s.111A of the Employment Rights Act 1996 (ERA) and/or the "common law" without prejudice rule, whilst at the same time seeking to use the without prejudice rule as a shield in reference to that same conversation. S.111A of the ERA permits discussions between an employer and an employee with a view to terminating employment on agreed terms to remain confidential and inadmissible in proceedings before a tribunal for unfair dismissal.

By UK People Reward and Mobility Team