Employment Essentials: 5 Lessons From March 2018

1. Condition described as 'pre-cancerous' in medical report was still a deemed disability under the Equality Act

Generally, for a person to be disabled under the Equality Act 2010, the individual must establish that they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on his or her ability to carry out normal day-to-day activities (section 6). However, there are some conditions that are expressly deemed to be disabilities under section 7. Individuals with a section 7 condition are deemed to have a disability from the point of diagnosis without the need to satisfy the various elements of the section 6 statutory test. Cancer is a deemed condition.