Metroline Travel v Stoute
The Employment Appeals Tribunal (EAT) has confirmed in this case that Type 2 diabetes controlled by diet does not automatically qualify as a disability. The Claimant argued that he was a disabled person because he had Type 2 diabetes and followed a diet which was designed to reduce blood sugar levels. The employment tribunal accepted a submission that this automatically made him a disabled person under the Equality Act, and it failed to consider the specific circumstances of the case. The EAT found that this was an error of law. Controversially, the EAT ruled that a diabetic diet does not qualify as measures taken to treat or correct the condition. Even more controversially, the Claimant was ordered to repay the Respondent’s fees in full.
In Practice
Employment Associate Paul Burton says, “This decision is quite surprising as the legislation is clear in saying that, in order to decide if a medical condition results in someone having a disability for discrimination purposes, any measures taken to treat the condition should be ignored. It could be argued that controlling your diet is such a measure.” However, the EAT did not agree and, until we get another decision from an appellant court that says otherwise, this decision will be binding on employment tribunals.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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