Did you know that if an employee is being treated for pre-cancerous cells that they could be deemed as disabled under the Equality Act 2010?
In the case of Lofty v Hamis the EAT found that a pre-cancerous lesion is cancer and would therefore automatically meet the legal definition of disability. The Claimant suffered from a pre-cancerous lesion which could have led to lesion malignant melanoma (skin cancer).
The Tribunal found that because the Claimant had successful treatment to remove the cancer cells she had never had cancer. However, the EAT stated that the law does not distinguish between invasive and other forms of cancer; it requires only that the Claimant has cancer.
Have you had to deal with employees who have had pre-cancerous cells and undergone treatment? How did you manage this? If you have any questions regarding this situation please contact our Employment Lawyers on a confidential basis on 0161 478 3800 or firstname.lastname@example.org.