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Disability discrimination: Individual with asymptomatic cancer "disabled" when treatment caused impairment

This report relates to 1 case(s)

Key points

  • In Kirton v Tetrosyl Ltd [2003] IRLR 353, the Court of Appeal holds that an individual suffering from urinary incontinence - not of itself a substantive "impairment" within the meaning of the Disability Discrimination Act 1995 - is nonetheless disabled under that Act where the incontinence was caused by surgery conducted as a standard treatment for the progressive condition of asymptomatic cancer.
  • There was sufficient evidence, on the particular facts, to show that the complainant's symptoms of urinary incontinence would not have developed but for the surgery which the cancer made necessary.