Cancer in the workplace - A Workbook for Union Representatives

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

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

Š 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.

A Workbook for Union Representatives

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

Action points for union reps

14

Section 1: How cancer affects people

15

Activity 4: So what exactly is cancer?

15

Action points for union reps

16

Section 2: How to talk about cancer

17

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Activity 5: The impact of cancer

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

Action points for union reps

27

Activity 8: The role of occupational health

30

Action points for union reps

35

Activity 9: Supporting members – leaving work, bereavement and rehabilitation 37

Cancer in the Workplace

Section 4: Personal finance

40

Activity 10: Help with the cost of cancer

40

Action points for union reps

41

Section 5: Legislation

43

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Activity 11: Understanding rights and responsibilities

Section 6: How Macmillan can help

44

Activity 12: Organising a cancer support project, campaign or event

44

Action points for union reps

48

Section 7: Action planning and review

49

49

Activity 13: Course review

Section 8: Useful contacts and resources

50

Websites

50

52

TUC Education contacts

A Workbook for Union Representatives

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 have difficulty dealing with various issues that arise and striking a balance between the needs of the individual and those of the organisation.

Frances O’Grady TUC General Secretary

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 employee’s 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 they can support people affected by cancer in the workplace. We are delighted to introduce the revised and updated materials, and we’re confident that our partnership will continue to improve the lives of people living with cancer.

Ciarán Devane Chief Executive Macmillan Cancer Support

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Cancer in the Workplace

Introduction Trade unions have been at the forefront of the campaign against the use of carcinogens in the workplace. Many substances once claimed to be safe have been recognised as dangerous only because unions highlighted the fact that workers were dying as a result of exposure, or because unions have campaigned for their ban or control. One example is asbestos, which kills 4,000 workers each year but which employers claimed was safe until as recently as the 1980s.

Trade unions have worked to the aim of eliminating workplace exposure to anything that causes cancer. Where possible, this will involve removing carcinogens from the workplace completely: where this is not practical, the worker should be fully protected from exposure. Examples of where a worker is at risk of exposure to a cancer-causing agent that cannot be removed include radiographers with radiation, quarry workers with silica and bus mechanics with diesel exhaust.

Union reps play a preventative role in ill health in the workplace and work-related cancers by ensuring that: • risk assessments and the competent person carrying them out are vigilant in recording potential dirty and dusty working conditions, stress factors and lack of personal protective equipment • information and training is provided about cancer-linked ill health • campaigns and awareness-raising activities are organised around well-being such as stopping smoking and healthy eating.

Reps also play a supportive role for their members in offering advice and guidance on cancer-related information and the facility to accompany the union member when they need to talk to management or other work colleagues and a negotiating role when they need to request changes to work patterns and for reasonable adjustments so that the person can continue working.

TUC Education has developed this course in partnership with Macmillan Cancer Support to provide information, guidance and support for union reps who may have members who have been diagnosed with cancer or who are or become carers for someone with cancer.

Who is the course for?

This workbook is aimed at a wide range of union reps, union learning reps, project workers, union professionals, organisers and activists to help them deal with the increasingly common situation of employees who are diagnosed with cancer.

The activities and resources are designed to be used flexibly for any of the following: • a union representative who wishes to improve facilities and policies at work concerning cancer • a union health and safety rep who has concerns about substances or work processes that may be cancer causing • a union learning rep who wishes to promote learning and awareness about cancer in the workplace

A Workbook for Union Representatives

• an equality rep who wants to ensure that work situations are improved and fair treatment is practised when dealing with employees who have disabilities or require reasonable adjustments as a result of cancer • a union activist involved in developing and organising campaigns and events or learning partnerships where other reps, union members and staff can be involved.

Whatever your involvement, there are plenty of interesting activities and valuable information that will raise your interest and awareness to help you provide further support for your members.

Course aims The course aims to help union reps to: • explore issues to be faced if a union member is diagnosed with cancer • find out more about cancer in the workplace, its causes and effects • become familiar with employment rights and benefits and how they can be used to advise and inform members who may be diagnosed with cancer or who are carers • build up the support of work colleagues and the employer towards a positive attitude that values the person • look at best practice to improve policies and procedures to support employees from diagnosis to rehabilitation and for carers • develop a plan to organise a cancer support project, campaign or event

• find out about key contacts and sources of information to be able to support and refer members to useful organisations.

Course activities – a flexible approach There are many ways that you can use the learning materials, which encompass different ways to learn. The materials can be used separately or combined, depending on how your course is organised. Learning resources include: • the 1-, 2- or 3-day face-to-face TUC course Cancer in the Workplace: A Course and Guidance for Union Representatives • the TUC online version of the same • the DVD for employers Cancer in the Workplace produced by Macmillan and a booklet resource to be used in conjunction with it – the DVD shows five powerful case studies and the potential situations that employees and employers may experience in the workplace; the sections and activities in this course reflect those in the DVD, but from a union rep perspective • the learnzone http://learnzone.org.uk/ courses/, where you can access interactive online learning about cancer and consider how to support union members diagnosed with cancer and their carers.

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Cancer in the Workplace

Course activities in this publication can be: • organised as a structured 1-, 2- or 3-day course • used as standalone short activity sessions in conjunction with particular sections of the Macmillan DVD for lunchtime sessions or with a visiting speaker • delivered as a series of sessions over a number of weeks at the start or end of a shift • self study, utilising information from the Macmillan website and Learn Zone • blended learning – part face-to-face and part online activities.

Course resources – where to find them and how to obtain them Essential resources for a face-to-face 1-,2or 3-day Cancer in the Workplace course if you have access to computers and/or a DVD player: You will need • Activities in this workbook designed for reps, which are based on information from Macmillan Cancer Support www.macmillan.org.uk.

You can register with the Macmillan website to: • obtain its cancer toolkit • download publications • use the Learn Zone for self study.

• the Macmillan DVD and booklet resource for employers Cancer in the Workplace and other resources can be found at http:// be.macmillan.org.uk/work This link will take you to all the latest publications on work and cancer from Macmillan; click on ‘All product types’ to get the full list. A leaflet Questions About Work and Cancer provides a list of all Macmillan work and cancer resources and is also available following the above link.

• Acas Code of Practice on Disciplinary and Grievance Procedures and Discipline and Grievances at Work: The Acas Guide, both from www.acas.org.uk or Acas publications 08702 42 90 90.

Essential resources for a TUC online course ‘Cancer in the Workplace’: • Once your online course application has been confirmed by the TUC you can access the same resources as above through your TUC online course. This will enable you to complete an accredited course. See ‘Accreditation’ below.

Essential resources if you do not have access to computers/and or a DVD player: • In a face-to-face course your tutor will have copies of resources for the course. Or you can order them yourself as hard copy materials listed above by calling Macmillan Cancer Support 0800 500 800.

You will need: • The activities in this manual Cancer in the Workplace: A Workbook for Union Representatives.

Macmillan publications Work and Cancer How are you Feeling?

Hello and how are you?

Help with the Cost of Cancer ACAS publications Acas Code of Practice on Disciplinary and Grievance Procedures Discipline and Grievances at Work: The Acas Guide Both are available from www.acas.org.uk or Acas publications on 08702 42 90.

A Workbook for Union Representatives

Essential resources for self-study Log on to the Macmillan website http://bemacmillan.org.uk, which contains all the Macmillan resources listed above. The Learn Zone http://learnzone.org.uk has selfstudy courses and a link to the TUC resources and this Cancer in the Workplace course.

Not essential but other useful publications for any course or session: Macmillan Coping with Shortness of Breath Coping with Fatigue Practical Help in Advanced Cancer Cancer Survivor’s Guide Understanding Lung Cancer Men and Cancer Chemotherapy The Emotional Effects of Cancer Health and Safety Executive Working Together to Prevent Sickness Absence Becoming Job Loss: A Guide for Safety Reps, available at the workers page on the HSE site or http://www.hse.gov.uk/involvement/ hsrepresentatives.htm Managing Sickness Absence and Return to Work (HSG249) – HSE guidance for employers 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.

TUC Publications Occupational Cancer: A Workplace Guide.

Available at www.tuc.org.uk/workplace/ tuc-20601-f0.pdf Occupational Health: Dealing with the Issues: An Education Workbook for Union Reps Hazards at Work Restoring Health, Returning to Work What Matters is What Works: Rehabilitation and Retention Regular updates on most frequently asked questions on rights at work can be obtained from www.worksmart.org.uk and the TUC e-bulletin for safety reps Risks at www.tuc.org.uk.

Accreditation If you achieve the learning outcomes for the TUC Education Illness at Work unit you can receive 3 credits at Level 2 through the National Open College Network, which accredits the programme. Credits can be built up to achieve a TUC qualification. TUC Regional Education Officers can provide you with further information on qualifications that are available to union representatives across the UK (details at the end of this workbook).

5

1.1 Identify symptoms and causes of specific illnesses in 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

2.1 Identify a range of sources and types of relevant information 2.2 Identify the relevant legal standards or policies 2.3 Describe how the identified information relates to specific illnesses at work

3.1 Identify the main forms of prevention and control measures relating to specific 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

1. Recognise hazards and risks associated with specific illnesses at work

2. Understand how legislation, company policy or other requirements relate to specific illnesses at work

3. Understand prevention, control and action measures associated with specific illnesses at work

Evidence

Location

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

Level 2

Unit Title: Illness at work

Learning Outcomes

Name:

6 Cancer in the Workplace

A Workbook for Union Representatives

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 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

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 Activity 9: Supporting members or Activity 12: Organising a cancer support project, campaign or event

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3-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

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 Activity 9: Supporting members

Day 3 Activity 10: Help with the cost of cancer Activity 11: Understanding rights and responsibilities Activity 12: Organising a cancer support project, campaign or event Activity 13: Course review

A Workbook for Union Representatives

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.

Don’t 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.

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Cancer in the Workplace

Activity 1

Introductions and aims of the course

Estimated time: 30 minutes

Aims This activity will help you: • 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.

A Workbook for Union Representatives

Activity 2

Introduction to Macmillan Cancer Support and working through the Cancer Toolkit

Estimated time: 1 hour 30 minutes

Aims This activity will help you: • 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.

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Action points for union reps The role of the union rep to support members diagnosed with cancer in the workplace is to: • approach the employee, provide listening time and build up trust and prevent isolation • be vigilant and proactive in order to forewarn work colleagues and the employer of possible issues • deal with facts to prevent rumours • encourage communication by the individual and with direct work colleagues • provide information about rights and benefits • give people choices about how they want to proceed • ensure confidentiality and fair treatment • ensure reasonable adjustments are made so that the person can continue to work • maximise legal rights • provide examples of best practice and explain different work patterns open to the employer to provide • improve policies and procedures for sickness and absence policies, time off for treatment and rehabilitation • represent union members at interviews and disciplinaries, and persuade the employer to be reasonable • promote work and normal routines as part of the therapy process • provide information about useful organisations and contacts.

Talking to members – sensitive and supportive contact You may feel awkward talking about cancer.

You will want to help, but it can be hard to know what to say. Try to tailor your approach to the individual.

• Choose a private place to talk and make sure you won’t be interrupted.

• Be prepared for the meeting to overrun. Let your union member set the pace.

• Show it is okay to be upset by remaining calm. Allow your union member to recover if emotions spill over.

• Respond to humour (but don’t initiate it) if your union member tells a joke; humour is a legitimate coping mechanism.

• Feel able to adjourn the meeting if the person becomes too distressed to continue.

Some phrases to try out Introduction, who you are and why you would like to speak with them My name is… I am a union rep and I would like to offer my help with…

Some of your work colleagues have contacted me about…

I’ve been talking to some other people and…

How are you feeling?

Basic information – learn about the person and their work How long have you been working here?

What’s your job/role? Do you like it?

How many other people work with you?

Have you worked in this industry long?

Issues and experiences Find out about the person’s issues and experiences by using open questions: How are things going at work?

What’s good about working here?

What would you like to see changed to make your work easier?

If you are already aware of the issue: Are you worried about…?

What’s happening about…?

A Workbook for Union Representatives

Who else are you worried about…?

How have your work colleagues been…?

Develop your listening skills Hearing isn’t listening – just because you hear the words, this does not mean you are listening.

You hear with your ears but you also listen with your mind. Commit yourself to receiving accurately the other person’s ideas, facts, feelings.

Look at them – ‘listen’ to the non-verbal signals as well as the verbal. Listen with empathy – for the time being put yourself in the other person’s place. Use phrases such as “You sound very upset”. This will stop you from interrupting and forgetting how difficult it is to think and talk at the same time.

Reinforce the speaker – show you are listening by, for example, nodding, saying “yes”, “ I see” or “what happened next?”, paraphrasing, etc.

Recognise your own feelings; remember it is okay if you get upset – you are only human too. Don’t make assumptions or jump to conclusions.

Face the person squarely.

Maintain contact on a regular basis.

Be accessible at all times. Look for ways to make it easy for the union member to contact you. This might mean arranging to meet on a regular basis or making a phone number available for them to contact you.

Remove the barriers 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…”

or “your union is here to help”. You can use reallife examples of how the union can help in their workplace. You also need to find information to use to help them and where to signpost the person for further help.

Empathy Focus on the issue that affects the person and what they are experiencing from work colleagues, Occupational Health, HR and the employer. It is useful to have a plan and some information prepared beforehand and then talk this through with the union member to give them options about how to proceed.

Confidence Talking with some knowledge and experience about how you might expect the employer to respond and what options are available can help to reassure members.

Honesty It is important that you are honest with members, particularly if they criticise the union or employer or feel that they are in a hopeless situation. You can help them to understand the approaches of the union and the employer by being open and honest about difficulties. No large organisation can be perfect and you will not be trusted by the union member if you try to claim that it is. It is important to remember that you do not need to know the answer to every question you may be asked; if you don’t know the answer to a question, promise to find out and get back to them.

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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 This activity will help you: • register at the Macmillan Learn Zone • access an online course • identify how you might use this facility.

Task 1

Task 2

Report back

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.

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.

Write your key points on a flipchart.

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

A Workbook for Union Representatives

Section 1 How cancer affects people Activity 4

So what exactly is cancer?

Estimated time: 1 hour 30 minutes

Aims This activity will help you: • 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.

Report back

Write your key points on a flipchart.

Elect a spokesperson to report back to the whole group.

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Action points for union reps Details about the following A–Z 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 rectal cancer

Pancreatic cancer

Cervical cancer

Penis cancer

Children’s 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

Kaposi’s 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

A Workbook for Union Representatives

Section 2 How to talk about cancer Activity 5

The impact of cancer

Estimated time: 1 hour 30 minutes

Aims This activity will help you: • understand how people are affected by cancer • identify what trade unions offer to support members experiencing cancerrelated 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?

Report back

Write your key points on a flipchart.

Elect a spokesperson to report back to the whole group.

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 illhealth 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.

Report back

Write your key points on a flipchart.

Elect a spokesperson to report back to the whole group.

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Section 3 Workplace support strategies Activity 6

Improving policies and procedures for cancer in the workplace

Estimated time: 1 hour 30 minutes

Aims This activity will help you: • 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.

A Workbook for Union Representatives

Comparison chart: Sickness and absence policies Employees diagnosed with cancer Workplace 1 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

Workplace 2

Workplace 3

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Carers/employees with a family member diagnosed with cancer Workplace 1 Deciding to stop work Support offered

Balancing work and caring responsibilities Flexible working

Financial considerations

Bereavement

Other

Other

Other

Workplace 2

Workplace 3

A Workbook for Union Representatives

Activity 7

Cancer and the Equality Act – case studies

Estimated time: 1 hour 15 minutes

Aims This activity will help you: • 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? (Don’t look at the actual outcomes on the next pages until you have arrived at your own conclusions.)

Report back

Elect a spokesperson to report back to the whole group.

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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.

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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, I’ve dropped a boob” and “keep abreast of things”.

The Managing Director had sent a friend of Mrs Bryant to deliver the ‘gift’: “I didn’t 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 haven’t 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.”

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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 employer’s (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 McLauchlan’s 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).

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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 Bryant’s 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.

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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 employer’s (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 college’s 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.

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Action points for union reps The Equality Act (2010) Under the Equality Act (2010), it is unlawful for an employer to discriminate against a person because of their disability. Everyone with cancer is classed as disabled under the Equality Act and so is protected by this Act. The Equality Act covers workers who were disabled in the past, even if they are no longer disabled. So a person who had a cancer in the past that has been successfully treated and is now ‘cured’ will still be covered by the Equality Act. This means their employer must not discriminate against them for a reason relating to their past cancer.

The employer has a duty to make ‘reasonable adjustments’ to workplaces and working practices to ensure that people with a disability are not at a disadvantage compared to others.

What is considered a ‘reasonable adjustment’ depends on things such as: • the cost of making the adjustment • the amount the adjustment will benefit the employee • the practicality of making the adjustment • whether making the adjustment will affect the employer’s business/service/financial situation.

Some examples of a reasonable adjustment include: • allowing an employee time off to attend medical appointments • modifying a job description to take away tasks that cause particular difficulty • allowing some flexibility in working hours

• allowing extra breaks to help an employee cope with fatigue • temporarily allowing the employee to be restricted to ‘light duties’ • adjusting performance targets to take into account the effect of sick leave/fatigue etc. on the employee • moving the employee to a post with more suitable duties (with the employee’s agreement) • moving a work base – for example, transferring to a ground floor office if breathlessness makes it difficult to climb stairs • ensuring suitable access to premises for employees using wheelchairs/crutches etc.

• providing toilet facilities appropriate for a disabled employee • allowing working from home • allowing ‘phased (gradual) return’ to work after extended sick leave • providing appropriate software (such as voice-activated software for employees unable to type) • changing a job interview date/time so as not to clash with an applicant’s medical appointment.

The Equality Act covers the recruitment process; the terms and conditions of employment; opportunities for promotion, transfer, training and benefits; unfair dismissal; unfair treatment compared to other workers; and harassment and victimisation.

Despite these laws, discrimination may still occur if an employer doesn’t take a person’s situation into account. For example, this can include: • an employer not making reasonable changes to enable a person with cancer to do the job (e.g. to cope with fatigue)

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• an employer suggesting that a person with cancer would be better off not continuing to work • being dismissed for a reason relating to their cancer • being demoted to a lower-paid or less demanding job • being passed over for promotion in favour of someone with less experience or ability to do the job • being chosen for redundancy for a reason related to the cancer (for example, if the person had a higher rate of sick time than their colleagues) • not being given a job because of the cancer • not being allowed time off for medical appointments • having an unfavourable appraisal or performance review (for example, if the person had a lot of sick leave or tiredness and had not met targets or objectives as a result of this) • an employer disrupting the person’s entitlement to sick pay • an employer making an employee’s life very difficult so that the employee feels they cannot stay in their job • being abused by employers or colleagues (e.g. being given unfair workloads) • victimisation (see below).

Some problems may happen because of misunderstandings about cancer. An employer may assume that a person can no longer do the same job, or that the stress of having cancer makes them a poor candidate for promotion.

Colleagues may also think that they will need to do extra work because a person can’t do the job. Any of these attitudes towards people with cancer can lead to subtle or obvious discrimination in the workplace.

Victimisation Under equality rights law, victimisation is when a disabled employee is treated less favourably than other employees as a result of their attempt to assert their rights as a disabled person.

An example of this would be that an employee’s manager is awkward about a request for time off for a chemotherapy appointment. The employee reports the problem to the HR department. The HR manager tells the manager that they must let the employee have the time off.

The manager is angry that the employee went ‘over their head’ to the HR department. As a result, the manager doesn’t allow the employee to go on a training course and gives them a poor appraisal. So, victimisation occurs when an employer takes revenge on an employee for trying to assert their disability rights.

Good practice for union reps • Work with your supervisor, manager, HR or Occupational Health departments to resolve the problem informally.

• Talk openly to the union member about their needs and give them options to help them resolve and progress the situation.

• Find out about relevant company policies from your employer or HR department. Look at the Employee Handbook if you have one.

• Go to your employer with suggestions and solutions – suggest reasonable adjustments for the union member that could help, for example working from home, flexible hours, using holiday time, changing their role or job description, adjusting targets or objectives, or changing to lighter duties.

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• If the union member wants to go back to work after long-term sick leave, suggest a ‘phased return’ in which they increase their hours gradually over a period of time.

• If adjustments are needed at your workplace, find out further information about the ‘Access to Work Scheme’ at the local Jobcentre Plus office.

Examples of good practice I am a union rep in a paint factory. There were parents who both worked at the factory and had a child with leukaemia. They worked on different shifts. They were worried about going into the manager to tell him about it and explain what they needed, so they contacted me to go in with them to give them support.

The manager was really supportive and allowed them the flexible working time they asked for.

Ricky, GMB rep I am a UCATT convenor on a large building site in central London. Our site has an occupational nurse and we run joint health and well-being campaigns on stopping smoking and drugs and alcohol awareness. We have a well men’s clinic and there are information leaflets all over the site about prostate and testicular cancer.

Terry, UCATT rep I had a member diagnosed with cancer who worked for a local authority for 14 years. They wanted to quickly dismiss him but as his union rep I argued they could not do this until they had seen the full occupational medical report.

He was kept on with full pay for a further six months until the report had been received and action considered. This gave my union member the time and money to sort out his arrangements. Chris, UCATT rep

We have had a number of union members who the management wanted to leave work as they had been diagnosed with long-term ill health.

However, the union reps were able to get an agreement for one person to do computer-based work at home where the employer paid for the broadband links and did a risk assessment to ensure that they had a separate space at home to do their work. For another person we got an agreement that the person who had ill health could come to work in a taxi, which was paid by the company. Tim, CWU rep I had a union member who could not carry on with their job and so I asked that they be put on lighter duties. I got an agreement with management that the person would be monitored weekly to see how they were getting on. They only lasted a week on that job and had to be moved again but at least they could keep working while they sorted themselves out.

Barbara, Usdaw rep In the local authority we held joint meetings with management to agree a new procedure for introducing rehabilitation. Anyone who was absent for 4 weeks or more would benefit from a personal action plan to help them return to work. As the union we made sure that this was applied fairly and not used as a way to force people back to work. Management and union reps received training about the new procedure. It was accompanied by MOT lifestyle checks for all employees and medical advice and referral for any condition, including cancer-related issues.

Sheila, UNISON rep

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Activity 8

The role of occupational health

Estimated time: 1 hour 30 minutes

Aims This activity will help you: • review your employer’s occupational health provision • identify areas for improvement.

Task

Working in pairs and using the worksheet on the next page, compare your employer’s occupational health provisions to show: • the occupational health services your employer provides • what could be improved.

Report back

Elect a spokesperson to report back to the whole group.

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Worksheet: The role of occupational health Does your employer provide this service?

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?

Workplace 1

Yes or No What can be improved?

Workplace 2

Yes or No What can be improved?

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Does your employer provide this service?

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

Workplace 1

Yes or No What can be improved?

Workplace 2

Yes or No What can be improved?

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Does your employer provide this service?

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

Workplace 1

Yes or No What can be improved?

Workplace 2

Yes or No What can be improved?

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Trade unions and occupational health (OH) Trade unions have a long history of identifying work-related cancer and ill health and getting employers to improve standards and procedures. These include: • asbestos-related disease • heart disease • cancers – caused by chemicals, dusts, fibres and radiation • stress-related disorders.

Key facts • An HSE survey revealed that only three per cent of UK companies use basic but comprehensive occupational health and safety advice.

• A European survey has shown that the UK has the lowest level of OH provision in the developed EU, covering just 34 per cent of workers.

• Historically the UK has had one of the worst records in Europe for the return of employees

to work after long-term illness.

• OH support is not widespread in the UK and is often neglected in favour of short-term absence management. Disciplinary measures are the most commonly used response to sickness absence, despite the fact that most non-attendance is due to ill health.

• A June 2007 Investors in People survey found that 17 per cent of employers believed it would be too expensive for them to improve their workers’ well being. Another 24 per cent of bosses said they did not know what action they should take. From the workforce side, almost a third (30 per cent) of employees said that their employers think healthy working is either a wasted investment, a waste of time, nothing to do with them, or that it doesn’t mean anything.

The table below shows cancer-related complaints made to the Disability Rights Commission (now the Equality and Human Rights Commission).

Nature of complaint

% of all calls relating to cancer

Employers not making reasonable adjustments

82.0

Dismissed because of disability; capability concerns; sickness absence; dismissed after informing employer of medical condition

18.0

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

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Action points for union reps Occupational health – ensuring good practice Union reps and safety reps have a key role to play in supporting union members prior to them telling their employer about their diagnosis, during and after treatment and in bereavement or rehabilitation situations. They can use their rights to be proactive and influence plans and procedures for OH activities at work. These include: • ensuring a centralised and preventative, proactive system encompassing planning, organisation, control, monitoring and review, with a clear work programme and targets so that the organisation is just not reacting to ill health when it occurs • ensuring that occupational health procedures cover individuals’ rights under the Data Protection Act to see medical information held by their employer and the right see medical reports about them from third parties to their employer under the Access to Medical Reports Act 1998 (for example from their GP or consultant) • integrating OH into risk management and ensuring that OH staff are competent and qualified and that they and the employer take advice and act on recommendations from specialists • prioritising and carrying out inspections, surveys, audits, environmental tests, monitoring and risk assessments in departments/areas where there may be the risk of cancer and be provided with the results • carrying out regular health checks and screening, particularly in cases of notifiable or cancer-related diseases

• checking records and statistics on ill health • bringing issues to the attention of the safety committee and to other workers • working with OH to back up or make requests to the employer for resources • regularly review disciplinary assessments to identify patterns • ensuring early intervention on improving reasonable adjustments and flexible working • arguing for ring-fenced funding for OH • involving committed people in regular health promotion, awareness campaigns and events • checking that OH is providing regular reports of activities to company boards and safety committees • regularly auditing the effectiveness of services provided, including in-house and outsourced provision • ensuring that there is OH cover for all parts of the workforce and include specific issues that will generate use of OH by hard-to-reach or under-represented workers, for example smoking, testicular cancer • ensuring OH remains confidential and independent of the employer • having robust systems for collecting and reporting ill-health information.

Identifying cancer in areas where it is work-related In some workplaces there may be certain jobs or processes that use substances which may cause cancer.

Onset Cancers take time to develop. The gap between exposure and cancer being diagnosed is called the latency period. It varies from cancer to cancer and from case to case. For example, the

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asbestos-linked cancer mesothelioma occurs on average 20–25 years after exposure to asbestos, but it can be more – up to 50 years – or as little as 5 years.

Do any other workers have the same problem?

In large workforces several people may have the same cancer and the same exposure, but 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).

Does it have special marker features?

Science is developing quickly to find particular marker features that would identify workrelated cancers. So far there is no one technique that can do this. Some cancers are, practically speaking, found only where there has been exposure to a particular substance – mesothelioma and asbestos, and anglosarcoma (a liver cancer) and vinyl chloride monomer.

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Activity 9

Supporting members – leaving work, bereavement and rehabilitation

Estimated time: 1 hour 30 minutes

Aims This activity will help you: • 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.

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Supporting members – leaving work, bereavement and rehabilitation One of the main purposes of medical examination must be to see how the employer can help people adjust to the demands of their work, assessing permanent disabilities or those that arise temporarily from injury, illness, age or other factors. Employees – who may need alternative work or adjustments in their work regime or continued medical surveillance up to the time of full resumption of normal work – should have the benefit of an occupational health service (OHS).

Confidentiality and mutual trust are vital in this process. Disclosure by workers of difficulties in coping with their work must not lead to transfer, downgrading or even redundancy. As advised by the OHS, employers should arrange for alternative and comparable employment or suitable retraining. These new arrangements should be put in place only after discussions between management and trade union reps.

Rehabilitation – UNISON guidance UNISON lists a number of features that should be part of a rehabilitation policy: • It should be consistent with related policies such as return to work, sickness absence management and capability procedures.

• It should not be linked with the disciplinary procedure.

• There should be a clear relationship with any OHS provision.

• An independent case manager should be allocated to liaise with.

• The advice of the employee’s GP or medical specialist should be followed in planning a return to work.

• A range of options should be available.

• There should be alteration of job/task where necessary.

• There should be alteration of workplace/ workstation where necessary.

• There should be a phased return to work.

• There should be the provision of adaptations, aids or retraining where necessary.

• There should be changes to working hours where necessary.

• There should be transfer to a different job on a temporary or permanent basis where necessary.

• There should be a review of transport arrangements – for example, the option of home working where travel is difficult.

• If hours are reduced or the job is changed there are no legal rights to pay protection; however, it should be considered sympathetically. Equally, reduced hours are no good unless the workload is reduced accordingly.

What can union reps do?

• Understand any trigger mechanisms your employer may have for dealing with absence, for example the Bradford Factor, which might give weighted scores that are applied rigidly or unfairly.

• Make rehabilitation a policy goal.

• Promote employer Investment in employee health, providing access to good OH facilities and workplace health initiatives.

• Be responsive to absence reporting and health monitoring needs, keep in touch with sick employees, ensure early response with referral for medical checks, be alert to disability issues and ensure application of practical rehabilitation measures.

• Promote the idea that ill health does not have to be a disciplinary matter.

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• 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.

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Section 4 Personal finance Activity 10

Help with the cost of cancer

Estimated time: 1 hour 15 minutes

Aims This activity will help you: • 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 • children’s 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?

Report back

Elect a spokesperson to report back to the whole group.

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Action points for union reps Financial issues A diagnosis of cancer can affect finances and cause money problems. The union rep can find out about benefits that members are entitled to and signpost them to support specialists for help and advice.

Good practice • Encourage union members to seek advice on their financial situation.

• Find out about different groups offering benefits, help and advice such as local hospitals, self help groups, social services, Social Security offices and independent financial advisers (IFAs). IFAs can assess individual financial situations and recommend the best course of action.

Encourage union members to: • contact the Department of Work and pensions to find out their entitlements to statutory benefits and sick pay www.dwp.gov.uk • speak to their employer about company pay benefits and how to make a claim, and whether retirement on ill health/ medical grounds is an option. If they are in a company occupational scheme and terminally ill they may be able to access their pension straight away • check any health-related insurance policies and how to make a claim and other insurances that might cover unemployment, mortgage and credit card cover • list financial outgoings and income so that the employee can reduce or stop payments and plan other changes such as their mortgage payments

• get their paperwork in order listing all their accounts, investments and pension scheme details as well as any debts • arrange or update a will • if terminally ill, see if they can obtain a viatical settlement, which is a transaction where an independent finance company buys an existing life insurance or endowment policy from the person, thereby enabling money to be gained quickly through an immediate cash sum. These settlements are usually available only to people expected to live less than three years.

Some key entitlements to find out about are: • in some areas of the country Universal Credit has replaced Employment and Support Allowance, Housing Benefit, Income Support, Job Seekers Allowance and tax credits; in other areas it will do so in the near future. Universal Credit is claimed online: visit www.gov.uk for more details • employed and unable to work – Statutory Sick Pay (SSP) • if SSP runs out and the employee is still unable to work – Employment and Support Allowance (ESA) • if long-term (minimum nine months) or permanent disability and the employee requires help to look after themselves – Personal Independence Payment (PIP) (if under 65) or Attendance Allowance (AA) (if over 65). Both can be claimed if the employee is still working • if someone is looking after the person with cancer – Carer’s Allowance • if cancer is caused by work the employee may qualify for Industrial Injuries Benefit

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• 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.

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Section 5 Legislation Activity 11

Understanding rights and responsibilities

Estimated time: 1 hour 30 minutes

Aims This activity will help you: • 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 person’s 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.

Report back

Write your key points on a flipchart.

Elect a spokesperson to report back to the whole group.

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Section 6 How Macmillan can help Activity 12

Organising a cancer support project, campaign or event

Estimated time: 1 hour 15 minutes

Aims This activity will help you: • 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.

A Workbook for Union Representatives

Checklist: Organising a cancer support project, campaign or event Which of the promotion and organising tools would be most effective in your workplace?

Activity

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

Include in my plan Yes/No

Description

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Activity

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

Include in my plan Yes/No

Description

A Workbook for Union Representatives

Activities 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

What will you do?

When

Resources/help

Barriers, problems, issues?

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Action points for union reps Organising a cancer support project, campaign or event Six steps to a successful campaign: 1) Strategic planning – plan your target group and key messages. Secure appropriate 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, Timebound). Define the weak spots and potential problems or barriers.

3) Communicate – find out about cancer in the workplace issues and areas of interest. Use people’s 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 phoneins, paid advertising and posters.

5) Keep records of what takes place – statistics of how many attended events, case studies, numbers responding to questionnaires or

attending a course, quotes from people and their aspirations are useful to show the effects of your activities.

6) Evaluate how things are going – projects, campaigns or events sometimes do not go smoothly and you might need to modify activities to suit the circumstances.

A Workbook for Union Representatives

Section 7 Action planning and review Activity 13

Course review

Aims This activity will help you: • 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

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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 breastÂŹrelated problems, as well as to their families, partners and friends.

www.paulscancersupportcentre. org.uk

020 7924 3924

Provides support, information and 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.

A Workbook for Union Representatives

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. org.uk

0845 601 0766

A national network of local self-help and 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.

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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

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

e jcook@tuc.org.uk

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