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Latest News & Articles | Can A Pre-Cancerous Condition Be Classed As A Disability

Can A Pre-Cancerous Condition Be Classed As A Disability

Tuesday, May 22nd 2018 10:35am

When the Equality Act was introduced in 2010 it deemed that `cancer, HIV infection and multiple sclerosis are each a disability`. This meant that from then on anyone who was suffering from one of these conditions were automatically considered to have a disability.

A State Of Disordered Morphology

Employment Law LegislationAs well as getting cancer, people can also suffer from pre-cancerous conditions of course. These are defined as "a state of disordered morphology of cells that is associated with an increased risk of cancer". The question we are asking here is should employers class employees with one of these conditions as being disabled?

The answer is not absolutely straightforward. A pre-cancerous condition is not automatically protected by the Equality Act, but an employer should not assume that the condition one of their employees has should not be classed as a disability. Whilst a diagnosis of a pre-cancerous condition may not have automatic protection an employee may still acquire legal protection due to the effects the condition is having on them.

Keeping A Close Eye On An Employee`s Condition

If it turns out that the condition has a substantial and long term adverse effect on an employee`s ability to carry out normal day to day activities it is likely to be classed as a disability. So it is essential that an employer keeps a close eye on the employee`s condition and state of health and act accordingly to ensure they make the reasonable adjustments for them to carry of working for as long as they are able to.

Employment law can certainly be a minefield at times for employers who are unsure about certain aspects or certain situations they find themselves in. This is why it is always useful to call in an expert to advise and guide them. We have experienced employment law solicitors here at GCS Solicitors so if you would like to speak with us please give us a call in the first instance on 028 3752 5999 and we will be glad to assist you.


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