The Argentina international, 32, was released by the Magpies last season after seven years on Tyneside.
The BBC reports that he returned to action in March after 18 months of treatment and recovery.
Gutierrez is alleging disability discrimination by the club and an employment tribunal is due to hear the case next March.
The player helped Newcastle to avoid relegation from the Premier League with a goal in a 2-0 win over West Ham on the final day of last season – one of only 10 appearances he made for the club following his initial diagnosis in 2013.
However, he was released shortly afterwards and now plays for Deportivo La Coruna in Spain.
In June he told the BBC how the club made him feel like they “don’t care” by telling him they were releasing him in a phone call.
He had surgery in October 2013 after being diagnosed with cancer, then received chemotherapy when it returned.
He was finally given the all-clear to play again earlier this year.