Lofty v. Hamis (t/a First Café) [2018] UKEAT 0177_17_1801 (18 January 2018)

Lofty v. Hamis (t/a First Café) [2018] UKEAT 0177_17_1801 (18 January 2018)

A diagnosis of lentigo maligna (in situ melanoma) constitutes cancer for the purposes of Schedule 1 paragraph 6 of the Equality Act 2010. The ET erred by failing to engage with the medical evidence and guidance, and by introducing a distinction between invasive and non-invasive cancer not present in the statute. The Claimant was deemed disabled from the point of diagnosis.

Citation
[2018] UKEAT 0177_17_1801
Parties
Appellant/claimant: Mrs Lofty; Respondent: Mr Sadek Hamis
Jurisdiction
United Kingdom
Judgment Date
18 January 2018
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Disability Discrimination, Definition of Disability, Deemed Disability, Cancer as Disability, Equality Act 2010
Employment Law Equality Law Disability Discrimination Definition of Disability Deemed Disability Cancer as Disability Equality Act 2010

Case Brief

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Parties

Mrs Lofty

Appellant/claimant

Mr Sadek Hamis

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether lentigo maligna (in situ melanoma) constitutes 'cancer' for the purposes of deemed disability under Schedule 1 paragraph 6 Equality Act 2010
  2. 2 Whether the Employment Tribunal failed to engage with relevant medical evidence and guidance in determining disability status

Ratio Decidendi

A diagnosis of lentigo maligna (in situ melanoma) constitutes cancer for the purposes of Schedule 1 paragraph 6 of the Equality Act 2010. The ET erred by failing to engage with the medical evidence and guidance, and by introducing a distinction between invasive and non-invasive cancer not present in the statute. The Claimant was deemed disabled from the point of diagnosis.

Court Disposition

Appeal allowed

Orders

  • ET's finding that the Claimant was not disabled is set aside.
  • Substituted finding that the Claimant was disabled under Schedule 1 paragraph 6 Equality Act 2010.