Cancer

How has the definition of disability changed?

In the Disability Discrimination Order (DDO) 2006, the definition of disability was changed to cover people from the point of diagnosis of cancer.

The DDA defines disability as 'a physical or mental impairment which has a substantial and long term adverse effect on a person's ability to carry out normal day-to-day activities'. From 31 October 2007, the rules for people diagnosed with cancer became simpler. Before this, there were special rules for people with progressive conditions which meant they had to prove they had symptoms which affected their day-to-day activities. Now, people with cancer have protection from disability discrimination from the point they are diagnosed and they do not have to prove it affects their day-to-day activities.

Employers, service providers and education providers are often afraid of how to manage people's experience of, or recovery from, cancer.

Accessing work, staying in work, accessing services and educational opportunities can be difficult for people with cancer as they have to manage their condition while facing hurdles caused by such fear and lack of information.

The DDA aims to end discrimination against people with a long term health condition or disability, and break down these structural and attitudinal barriers.

Information for a person with cancer

Do you think you have been discriminated at work, accessing services or housing, or as a member of a union, at school or in further or higher education because of the diagnosis of cancer? If you have cancer or have had cancer, the Disability Discrimination Act (DDA) and the Special Education Needs Disability (Northern Ireland) Order 2005 (SENDO) make it unlawful for you to be discriminated against in:

• employment
• access to goods, facilities and services
• the management, buying or renting of land or property
• education

Download A Guide for Everybody - Revised |
Download our Easy-to-read Guide for Disabled People - Revised |

More Information What is a disability? |
What does the DDA mean for me? |
Do I have to declare that I have a diagnosis of cancer? |
Reasonable adjustments in employment |
Your rights when accessing services and premises |
Your rights in school |
Your rights in further and higher education |
Information and support |

Information for Employers

It is unlawful for any employer, regardless of size to discriminate against current, prospective or past employees. The DDO makes it clear that people diagnosed with cancer now have rights under this law. This means employers have to make reasonable adjustments for people with cancer and direct discrimination against disabled people cannot be justified.

Download an overview of employer's duties - Fact Sheet 6 - Revised

More Information What is a disability? (for employers) |
Disability discrimination in employment |
Reasonable adjustments in employment for people with cancer |
Information and support for employers |

Information for schools and colleges

The Special Education Needs and Disability (Northern Ireland) Order 2005 (SENDO), as amended, is the law that relates to disability discrimination in education in Northern Ireland. SENDO and the Disability Discrimination Act (DDA) use the same definition of disability. Since September 2005, it is against the law for schools and institutions of further and higher education to discriminate against a pupil/student for a reason relating to their disability which it cannot justify. Disabled students and learners have rights not to be discriminated against and a right to reasonable adjustments in further and higher education.

Downloads Changes to SENDO in relation to further and higher education (from 1 September 2006) - Briefing document
(70kb, 7 pages)
Summary guide to Disability Discrimination duties for the Schools Sector
(1.8mb, 300kb, 36 pages)

More Information What is a disability? (for schools) |
Disability discrimination in education |
Reasonable adjustments for students with cancer |
Information and support for schools and colleges |

Information for service providers and housing

Service providers have a duty under the DDA not to discriminate without justification against a disabled person. They have a duty to make reasonable adjustments to the way services are provided and they have to identify and overcome physical features which make it difficult for disabled people to use their services. All services which are open to the public or a section of the public are covered by the DDA. It does not matter if the service is free or paid for.

More Information What is a disability? (for service providers) |
Changes to service provision |
More support and information for service providers |

Statistics

There are 10,000 people diagnosed with cancer each year in Northern Ireland.

There are 49,000 people living with cancer in Northern Ireland.