This case makes clear that employers cannot get away with dismissing or discriminating against workers who are suffering from cancer, including those who may have a ‘minor’ form of cancer or whose cancer has yet to become invasive.

Christine Lofty, 55, who worked at a local café, was diagnosed with pre-cancerous ‘lentigo malignia’ – a form of melanoma - on her face in 2015. She took ten months off work to receive treatment to stop the disease spreading, including undergoing biopsies, skin grafts and surgery.

However, in December 2015, she was dismissed from her job of 14 years after her employer judged that she had taken too much time off work.

Christine turned to her trade union, Unite, and contacted employment law specialists, Thompsons Solicitors, to take on her case for unfair dismissal and disability discrimination.

We are proud to stand side-by-side with the trade union movement to ensure that all workers receive the support and legal redress that they deserve

Michael Michaeloudis Employment rights solicitor

The case was taken to an Employment Tribunal in October 2016 and Christine won her case for unfair dismissal and settled her claims for wrongful dismissal and outstanding holiday pay for the full value prior to the hearing. However, the tribunal did not agree that pre-cancerous cells amounted to cancer and her disability discrimination claim was dismissed.

Unite and Thompsons Solicitors disputed the tribunal’s decision and, in January 2017, made an appeal to the Employment Appeals Tribunal (EAT).

The EAT found in favour of Christine and overturned the original decision. Judge Jennifer Eady QC ruled that Christine’s pre-cancer was a form of cancer and she was therefore protected under the Equality Act 2010.

Judge Jennifer Eady QC said:

“When determining whether a condition satisfies the deeming provision of paragraph 6, there is no justification for the introduction of distinctions between different cancers or for a tribunal to disregard cancerous conditions because they have not reached a particular stage."

Christine’s claim for disability discrimination will now be referred back to an Employment Tribunal.

Michael Michaeloudis, employment rights solicitor at Thompsons, said: “The Equality Act 2010 is in place to ensure that workers are protected from discrimination in the workplace. This case tested the law due to the nature of Christine’s condition.

“After this ruling, we would expect that workers who are suffering from any form of cancer to be protected from dismissal and discrimination. This case potentially has far reaching implications for employees with cancerous conditions, where the cancer is contained, and yet to become invasive.

“We are proud to stand side-by-side with the trade union movement to ensure that all workers receive the support and legal redress that they deserve.”

Howard Beckett, Unite the Union assistant general secretary for legal services, added: “Unite would like to place on record our thanks to Thompsons Solicitors for the advice and representation given to our member in this matter.”