LRD guides and handbook May 2019

Law at Work 2019 - the trade union guide to employment law

Chapter 7

Certain conditions deemed to be a disability 





[ch 7: page 210]

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. 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). 



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).