Q&As

An individual is employed on a one-year fixed-term employment contract as maternity cover. Following a cancer diagnosis part-way through the fixed-term, their contract is extended for seven months to allow the employee to benefit from enhanced sick pay. At the date of termination, the employee would still have the benefit of a few months of half-pay under the terms of the enhanced sick pay scheme before their sick pay reduces to nil. The other employee has returned from maternity leave. Is there a risk of disability discrimination claims?

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Published by a ½Û×ÓÊÓƵ Employment expert
Published on: 27 October 2023
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Disability discrimination

Under section 6 of the Equality Act 2010 (EqA 2010) and EqA 2010, Sch 1, Pt 1, cancer is considered (without more) to be a disability for the purposes of EqA 2010.

See Practice Note: Disability.

Consideration will need to be given to the different types of discrimination and other prohibited conduct set out in EqA 2010. See the section of Practice Note: Disability discrimination entitled ‘The basic types of discrimination and other prohibited conduct’, and the more detailed Practice Notes referred to in that section.

For the purposes of EqA 2010, a

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