Returning to work

Hi, I have just returned to work on phased return after a total mastectomy and breast reconstruction.

I am working 15 hours a week at the moment, eventually going to 28 hours (my contracted hours)

My employer is taking my annual leave to make up the shortfall of hours whilst i am on phased return.

Does anybody know if they have a right to do this as any person who has had or has cancer is covered by the Disability Discrimination Act (Equality Act). I have read the Act but cannot find anything relating to this.

I would be grateful for any info regarding this.

Many thanks



I don’t know the answer but it doesn’t sound right. Surely the shortfall would be sick leave? Did your employer do an occupational health assessment before the details of your phased return were agreed?



Hi, although i have now given up my job due to not being able to physically cope with the workload anymore(i worked in a busy butchery/fishmongery department in a supermarket), i came across this sort of dilemma.

When i ran out of company sick pay i was told that if i returned at any time then they would also add any annual leave on to my reduced phased in hours until i was back to my normal hours so that i didn’t lose too much money.

I used to work 20 hours a week and if i had returned i probably would have done approx 1/2 those hours and the other 1/2 made up from annual leave hours. this would have been agreed between our OCC Health nurse/my GP and Personnel Dept.

Unfortunately (or fortunately whichever way i look at it!) I never got that far and i am currently waiting further checkups and hospital visits until i feel up to returning to any kind of normal work. Cheers, Michele x

hello everyone, my name is mel ,i had a mx in september with immediate reconstruction followed by 5 sessions of chemo , to ill to have 6, followed with rt in march. following ok jut get very tired 

thinking about going back 2 work but dont really no if i am fit enough. please help

Hi Mel and welcome to the BCC forums

In addition to the support here our helpliners are on hand for you with practical and emotional support on 0808 800 6000 so please do call to talk your concerns about going back to work through. Lines are open weekdays 9-5 and Saturdays 10-2.

Here’s a link to the BCC returning to work information:

Take care
Lucy BCC