Over 250,000 people with major health conditions but which do not yet show they have the illness have now gained new legal rights not to be unfairly treated by their employers. The extension to the Disability Discrimination Act from 5 December 2005 means that employers will not be able to discriminate against people just because they have learned that they have HIV, cancer or multiple sclerosis.

Adam Marshall, a partner specialising in employment law at Mercers, says, “The Disability Discrimination Act 2005 should also help the position of people with mental health conditions. Under the old law people had to prove that they have a mental impairment that has a “substantial and long-term impact” on their lives to obtain legal protection. They also had to prove that the impairment was “clinically well recognised” before they could bring a case under disability discrimination legislation. Those with a physical impairment did not have to prove this. The new law means that the requirement to have a “clinically well recognised” condition, which has proved a significant barrier to justice, is now dropped”.

Other changes include:-

• the extension of the DDA to private clubs with 25 or more members;

• tsanctions for publishers of discriminatory adverts; a simpler process for people who think they have been discriminated against when using
using services; and

• tnew protection for local authority councillors.

If you think your job might be in jeopardy because of a hidden illness of which your employer might not be aware, such as HIV, cancer, MS or a mental health issue, contact us for advice. Call Adam Marshall on 01491 572138.