Certain conditions are deemed a disability
[ch 7: page 196]Someone with cancer, HIV or multiple sclerosis is protected by the EA 10 automatically on diagnosis. There is no need, for example, to show evidence of a long-term effect. 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).
Any kind of cancer is protected, even if it is non-invasive and unlikely to get worse, for example some types of skin cancer (Lofty v Hamis t/a First Cafe [2018] UKEAT 0177/17/1801).
Where a claimant suffers from a severe disfigurement, the tribunal can test its severity by listening to the claimant explain how it affects them psychologically. There is no need to produce photos (Hutchinson 3G UK Limited v Edwards [2014] UKEAT 0467/13/2904).