Question to the Department of Health and Social Care:

To ask the Secretary of State for Health and Social Care, what steps his Department is taking to ensure Trusts uphold their legal obligations under the (a) Equality Act 2010 and (b) duty of care for staff returning from serious illness such as cancer.

We hugely value all National Health Service staff and are committed to improving organisational culture and working conditions, so we can keep staff healthy, motivated, and retain their valuable skills.

A cancer diagnosis is regarded as a disability under the Equality Act 2010, which means that employers have a duty of care to consider any reasonable adjustments to help the employee to return to work in a timely and safe way, and with their health needs in mind.

NHS trusts are expected to have local policies and procedures in place to support staff who have long-term health conditions, including cancer.

The NHS Terms and Conditions of Service handbook sets out interventions that should be considered under the Employment Rights Act 1996 when managing an employee’s return to work. There are tools and resources available to employers to assist their employees returning to work, and this includes NHS England’s NHS Health and Wellbeing framework, and the Sickness Absence toolkit published by NHS Employers. Further information on the NHS Health and Wellbeing framework and the Sickness Absence toolkit is available, respectively, at the following two links:

https://www.england.nhs.uk/supporting-our-nhs-people/health-and-wellbeing-programmes/nhs-health-and-wellbeing-framework/

https://www.nhsemployers.org/toolkits/sickness-absence-toolkit