Business Articles

5th December 2005 - Sufferers of progressive and mental illnesses now protected under Disability Discrimation Act 2005

From today (5 December), anybody suffering from cancer, multiple sclerosis or HIV will be deemed to have a 'disability' and therefore be entitled to the protection of the Disability Discrimination Act from the time of diagnosis.

Andrew Rowell, a partner and employment specialist at Derby law firm, Nelsons comments: "The Disability Discrimination Act 2005 introduces a range of new measures, including provisions relating to progressive illnesses.

"For the first time, people suffering from mental illness will also fall within the definition of having a 'disability'. Before 5 December, a mental illness had to be 'clinically well recognised' in order to qualify. That requirement is now removed."

According to Mr Rowell, one of the main effects is that employers will be under a duty to make reasonable adjustments for those suffering from these conditions, when previously they may not have had to. He comments: "Such adjustments will include considering whether to allow the employees to change to flexible working patterns in order to accommodate medical treatment."

A recent Employment Appeal Tribunal decision, in Dunham v Ashford Windows, has also made it clear that general learning disorders, previously known as 'mental handicap', qualify and are eligible as a basis for claiming unfair dismissal under the Disability Discrimination Act.

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