Under Schedule 1, (6) of the Equality Act 2010, Cancer, HIV infection and multiple sclerosis are each automatically a disability. In Lofty v Mr S Hamis ta First Café, Lofty (L) has lentigo maligna, a pre-cancerous lesion which could result in skin cancer. L’s GP confirmed this meant that cancerous cells had been found in the top layer of L’s skin and that she had a cancer in situ, a type of early stage skin cancer called melanoma. The employer argued that in situ cancers were not cancer “in the true sense”, because they cannot spread to other parts of the body; they are not “invasive”. The ET decided L’s condition was “pre-cancerous” and therefore she is not disabled. The EAT upheld L’s appeal. The 2010 Act draws no distinction between in situ cancer and invasive cancers. L was only required to show that she had cancer. The evidence was clear that there were cancerous cells in the top layer of skin – cancer in situ – therefore she had discharged the burden of proof that she is disabled.

This update provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgements made in every aspect of the case. Click on the links to access full details. If no link is provided, contact us for more information.  Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.