Employment rights of people with a terminal illness

A Westminster Hall debate on the 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 (Labour).

There is little specific reference in employment law to terminal illness – however in most cases the usual legal protections against disability discrimination and duties to make reasonable adjustments will apply.

Protections against discrimination

Under the Equality Act 2010 people with disabilities are protected against discrimination at work. Disability is defined in the act as any impairment that has a “long-term” and “substantial” adverse effect on the person’s ability to “carry out normal day-to-day activities”.

“Long-term” is further defined as a condition likely to last at least 12 months or “for the rest of the life of the person affected”. Because of this wording, terminal illnesses will usually be classed as disabilities at least from the point they begin to have an impact on people’s ability to carry out day-to-day activities.

Furthermore, people with cancer, HIV infection or multiple sclerosis are always automatically considered to have a disability, regardless of symptoms.

Both direct and indirect discrimination at work on the grounds of disability is prohibited under the Equality Act 2010. As explained by guidance from the Advisory, Conciliation and Arbitration Service (Acas), direct discriminationmeans treating someone less favourably “because of” their protected characteristic. Indirect discrimination means having a “working practice, policy or rule” that is “the same for everyone but has a worse effect on someone because of a ‘protected characteristic’”, unless the employer can justify this rule as a “proportionate” means of achieving a “legitimate aim”.

As part of their duties to avoid disability discrimination, employers are also under an obligation to make reasonable adjustments at work for any workers with disabilities.

These protections against discrimination apply to all areas of someone’s treatment at work, including recruitment, pay, promotion, training and dismissal. While dismissals of people with terminal illness on the grounds of capability may still be lawful in some circumstances, employers would need to be mindful of a range of factors, including whether other more suitable roles may be available or whether adjustments could be made to allow the person to continue working.

Access to work and Disability Confident

Access to Work and Disability Confident both look to support employers to take on disabled people, and to provide support to disabled people in the workplace. Information on these, and the other programmes that are in place to support disabled people to find and stay in work, are provided in the Library briefing Disabled people in employment.