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Is a Pre-Cancerous Condition a Disability Under the Equality Act 2010?

on Friday, 16 March 2018.

Yes, held the Employment Appeal Tribunal (EAT), where there is medical evidence to show that a type of cancer is present.

In a recent case, the EAT held that an employee with a form of "pre-cancerous" skin cancer was deemed to have a disability for the purposes of the Equality Act 2010 (the Act).

What Does the Law Say?

Under the Act, a person has a disability if they suffer from a physical or mental impairment, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Cancer is expressly stated as being a deemed disability for the purposes of the Act. A person with this diagnosis therefore does not need to show that their condition satisfies the various elements of the above definition.

Lofty v Hamis t/a First Café

In March 2015, Mrs Lofty was diagnosed with a pre-cancerous lesion after noticing a blemish on her cheek. She had time off of work in order to undergo surgery to have the cells removed, and for related health issues.

In December 2015, Mrs Lofty was dismissed from her job. She brought claims for unfair dismissal and disability discrimination on the basis that she had a deemed disability, namely cancer.

At first instance, the Employment Tribunal held that Mrs Lofty did not have a disability. In their view, the fact that her condition was referred to as 'pre-cancerous' meant that it did not amount to cancer for the purposes of the Act and thus she was not a disabled person. Mrs Lofty appealed.

The Appeal

The EAT held that the medical evidence gave clarification on Mrs Lofty's condition and concluded that she had cancerous cells in the top layer of her skin. The diagnosis of 'pre-cancerous' did not mean that there was no cancer present at all, her condition was a type of the earliest stage of skin cancer. The fact that the cells could not spread to other parts of the body was irrelevant as the Act does not distinguish between invasive and non-invasive forms of cancer.

The EAT therefore held that Mrs Lofty was deemed to have a disability and was protected by the Act.

Best Practice

This case highlights the importance of looking beyond strict terminology when considering whether an employee may have a disability. Employers should be careful to avoid jumping to any conclusions based on the label given to a condition alone.

It is also worth noting that the EAT considered that a 'pre-cancerous' diagnosis might have a different meaning depending on where the cells are located. The medical evidence presented will therefore be crucial to establishing whether a pre-cancerous condition amounts to a disability or not.


For more information, please contact Jo Oliver in our Employment Law team on 0117 314 5361.

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