Is Type 2 diabetes a disability?
In Metroline Travel Ltd v Stoute, the Employment Appeal Tribunal overturned an Employment Tribunal’s decision that an employee’s Type 2 diabetes amounted to a disability under the Equality Act 2010.
It was held that the diabetes, which was controlled by refraining from drinking sugary drinks, did not have a substantial adverse effect on the employee’s ability to carry out day-to-day activities.
Judge Serota QC allowed Metroline Travel Ltd’s appeal against the finding of disability as he could not accept that refraining from drinking sugary drinks constituted a substantial adverse effect on day-to-day activities, within the meaning of ‘disability’ in the Equality Act 2010. Nor was it the case that type 2 diabetes amounts to a disability on its own.