Deemed disability

Someone with cancer, HIV or multiple sclerosis is protected by the EA 10 automatically on diagnosis. There is no need for evidence of a long-term effect on day-to-day activities. The same applies to those who are blind or partially sighted (Schedule 1, Part 1, Para 6 and 7).

All cancers are protected, including any that are non-invasive and unlikely to get worse, such as some skin cancers (Lofty v Harris t/a First Café [2018] UKEAT/0177/17/1801).

Severe disfigurements, such as scars, birthmarks, limb or posture deformation and skin diseases are protected automatically (excluding tattoos and body piercings) (Schedule 1; Part 1, Para 3, EA 10). A tribunal can test the severity of a disfigurement by reading the medical evidence and listening to the claimant describe its effects. There is no need to produce photos (Hutchinson 3G UK Limited v Edwards [2014] UKEAT/0467/13/2904).