Ending maternity-cover fixed-term: disability discrimination risk

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Disability discrimination

Under section 6 of the Equality Act 2010 (EqA 2010) and EqA 2010, Sch 1, Pt 1, a diagnosis of cancer is treated, without further proof, as a disability for EqA 2010 purposes. See Practice Note: Disability. Attention must be given to the various forms of discrimination and other banned conduct contained in EqA 2010, as set out within that legislation and provisions therein. See the part of Practice Note: Disability discrimination headed ‘The basic types of discrimination and other prohibited conduct’, together with the fuller Practice Notes cited there and cross-referred within that section. For EqA 2010 purposes, a ‘dismissal’ also covers situations where an employee’s employment ends (and is not immediately renewed on identical terms) because a particular period has run out, or a particular event has happened, or a particular circumstance has arisen; this includes the ending of fixed-term contracts (EqA 2010, s 39(7)–(8)). Accordingly, the requirement to make reasonable adjustments binds employers when they are considering dismissing an employee; that is, dismissal will be unlawful if a reasonably necessary adjustment would secure the employee’s continued employment (EqA 2010, ss 21(2), 39)...

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Web page updated on 27/05/2026

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