Certain conditions deemed to be a disability
[ch 7: page 220]Someone with cancer, HIV or multiple sclerosis is protected by the EA 10 automatically on diagnosis. There is no need to show evidence of a long-term effect. All cancers are protected, even those that are non-invasive and unlikely to get worse, for example, some skin cancers (Lofty v Hamis t/a First Cafe [2018] UKEAT 0177/17/1801).
The same applies for those who are blind or partially sighted. Severe disfigurements, for example, scars, birthmarks, limb or posture deformation and skin diseases, are also protected (excluding tattoos and body piercings). The severity of a disfigurement can be tested by listening to the claimant explain how it affects them. There is no need to produce photos (Hutchinson 3G UK Limited v Edwards [2014] UKEAT 0467/13/2904).