Employment rights of people with a terminal illness
A Westminster Hall debate on employment rights of people with a terminal illness is scheduled for Wednesday 18 December 2024, from 9:30 to 11:00am. The debate will be led by Lee Baron MP.
This Commons Library briefing explains why those in England and Wales with pleural plaques are not entitled to compensation whilst in Scotland and Northern Ireland those with the condition are able to claim damages.
Legal claims for pleural plaques (493 KB , PDF)
Pleural plaques are thickenings of the lining of the lung. They are caused by inhalation of asbestos fibres, most commonly in an occupational setting. Pleural plaques are benign and do not themselves lead to other asbestos-related diseases. However discovery of the plaques often results in much stress and anxiety given that they are evidence of the presence of asbestos fibres which may subsequently cause mesothelioma or asbestosis.
The occurrence of pleural plaques is no longer a compensatable condition in England and Wales. Previously those with plaques could claim damages for the condition and the anxiety caused by its discovery. However in 2007 the Appellate Committee of the House of Lords (now the Supreme Court) ruled that there is no cause of action under which damages may be claimed for pleural plaques. As the plaques cause no symptoms there is no damage – an essential element in any claim in negligence.
Whilst the Scottish Government and Northern Ireland Executive legislated to ensure those in their jurisdictions with pleural plaques are not affected by the judgment, successive Governments in Westminster have declined to legislate to change the law in England and Wales. The Government has acknowledged an ‘apparent unfairness’ caused by the differing approaches in the UK’s different jurisdictions but confirmed that it will not change the law for those with pleural plaques in England and Wales.
Legal claims for pleural plaques (493 KB , PDF)
A Westminster Hall debate on employment rights of people with a terminal illness is scheduled for Wednesday 18 December 2024, from 9:30 to 11:00am. The debate will be led by Lee Baron MP.
A Westminster Hall debate on the treatment of lobular breast cancer is scheduled for Tuesday 10 December 2024 at 2.30pm. The debate will be led by Helen Hayes MP.
A Westminster Hall debate on rare autoimmune rheumatic diseases is scheduled for Tuesday 10 December 2024 at 9.30am. The debate will be led by Jim Shannon MP.