Question to the Department for Education:

To ask the Secretary of State for Education, if she will make it her policy to bring forward legislative proposals to make terminal illness a protected characteristic in order to ensure that employees cannot be dismissed for being terminally ill.

The Equality Act 2010 already protects employees from direct disability discrimination where they are diagnosed with cancer, HIV and multiple sclerosis, any of which may be terminal illnesses. Where a diagnosis of serious illness is not (or not initially) terminal, protection from discrimination would still be available where an employee’s condition fits the definition of a disability, which in the 2010 Act is defined as a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Where a disabled employee is dismissed because they have a terminal illness, they can seek redress under the 2010 Act. Also, should an employer effectively force such an employee to resign from their job, the constructive dismissal provisions in employment law may be applicable.