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Type 2 diabetes can be a disability

Taylor v Ladbrokes Betting & Gaming Ltd

The Employment Appeal Tribunal (EAT) has held in this case that type 2 diabetes can be a disability under the Equality Act 2010.

After the Claimant's dismissal, he asserted he had been disabled for almost a year before the dismissal, due to type 2 diabetes. At a preliminary hearing, the employment tribunal relied on two medical reports and decided that he was not disabled. The Claimant appealed.

The EAT upheld the appeal, holding that the employment tribunal had misconstrued the proper test. Type 2 diabetes, as a progressive condition, would amount to a disability even if it did not have a substantial adverse effect at that time, as long as it was likely that it would result in such a condition.

The Claimant's diabetes was controlled by medication and there were 'lifestyle' changes the Claimant could reasonably make to control the condition. However, the question was whether the condition was likely to result in an impairment. The issue was not what might happen to a proportion of the population, but whether the medical evidence suggested there was a chance of something happening. The medical evidence was not clear on this and had been misinterpreted by the tribunal. The EAT remitted back to the tribunal to reconsider the issue.

In Practice

This case serves as a reminder to employers that they should be alive to the fact that a worker can be disabled, even if they appear to not be suffering from a substantial medical condition. This is particularly the case with progressive conditions, such as diabetes. Employers need to look at whether the worker’s condition is likely to deteriorate in the future and obtaining a medical report is always advised in these circumstances.

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The content of this article, blog or video is not intended as specific legal advice. For tailored assistance, please contact a member of our team.

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