Last month we mentioned that former Newcastle player, Jonas Gutierrez, was fighting a disability discrimination claim against his former employer. Mr Gutierrez has since won his case.
Mr Gutierrez was found to have been prevented from activating an appearance related contract extension after Newcastle United dropped him from the team following his cancer diagnosis and did not start playing him again until he could not reach his appearance target.
How does this relate to employers you ask? Well firstly it is estimated that half of people born after 1960 will be diagnosed with cancer so the chances of any business being affected by cancer are high. Secondly any employee who is prevented from achieving a performance related contract, such as sales, due to cancer diagnosis, or any other disability, could have been unlawfully discriminated against.
Furthermore as a discrimination claim there is no cap on the award limit meaning employers found to have discriminated against employees with cancer risk huge losses. Mr Gutierrez has a remedy hearing next month and estimated losses of over £2 million!