New rights for seriously ill workers

People with cancer, HIV or multiple sclerosis, but not yet showing signs of their illness, will be protected for the first time under the Disability Discrimination Act (DDA).

Employers and organisations providing services will not be able to discriminate against such people, for example by dismissing them from their job on discovering that they have HIV, cancer or MS.

Bert Massie, chairman of the Disability Rights Commission, said: "This closes a significant loophole in the law. We have been unable to help people who have been diagnosed with serious illnesses and then treated unfairly, because they didn't fall under the legal definition of disability.

"This is plainly wrong. People diagnosed with serious long-term health conditions shouldn't be discriminated against."

Work and Pensions Secretary John Hutton said: "Tackling inequality is right at the heart of the Government's social agenda. I'm delighted to announce that today we are delivering on our commitment to extend and strengthen disability rights to protect people from discrimination."

Mental illness

The changes also mean that people with mental illness will, from today, no longer have to prove their condition is clinically well recognised to be afforded rights under the DDA.

Naeema Choudry, employment partner at law firm Eversheds, said the change in legislation was "significant".

She added: "Workers with these kinds of progressive conditions will now be protected from day one of diagnosis, regardless of how it may affect their ability to carry out everyday activities, and will be available to all workers, regardless of their employment status or how long they have been employed.

"The same rights of protection will also be extended to workers with mental health conditions who will no longer have to show that their conditions are clinically recognised by bodies such as the World Health Organisation.

"For example, workplace stress or depression could be regarded as a disability under the new legislation, affording comprehensive rights of protection from workplace discrimination to those affected."

Other measures

From today the Act will also be extended to cover private clubs with 25 or more members, while newspapers will not be allowed to publish discriminatory adverts.

Bert Massie added: "This isn't just an academic exercise. The new law protects and supports people facing unfair treatment who are also having to cope with a significant life change. The law will help people stay in work where they can, and to get the full range of public and private services that every person should be able to take for granted."

Other duties next December will require all public bodies in Britain to "lead by example" and integrate disabled people in their policy-making from the outset as well as promote "equality of opportunity" for disabled people.

This is similar to existing duties under race legislation and will be an important driver to achieve equality for millions of disabled people, said the Government.