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.

Rob

Deaf, hubby to Rachel, dad to Corey, Libby and Emily, Solicitor, Lecturer in Legal Practice at University of South Wales, PhD student at University of Leicester.

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