Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today

DisabilityDisability discriminationCase lawDisability

Disability discrimination: when diabetes is not a disability

by Darren Newman 13 Apr 2015
by Darren Newman 13 Apr 2015 The EAT looked at type 2 diabetes as a disability under the Equality Act 2010.
The EAT looked at type 2 diabetes as a disability under the Equality Act 2010.

Consultant editor Darren Newman considers a recent Employment Appeal Tribunal decision involving the concept of diabetes as a disability for the purposes of the Equality Act 2010. The case involved an individual with type 2 diabetes largely controlled by avoiding sugary drinks.

Disability discrimination cases deal with a wide range of conditions, and the temptation is to divide these conditions into those that are, and those that are not, disabilities. However, this is not a very helpful approach.

Disability is not a medical category; it cannot simply be diagnosed. It is a legal and social concept that depends not just on a person’s physical or mental condition, but also on the effect that this has on his or her life.

Rather than considering whether or not a condition amounts to a disability, we should look at the effect that it has on the person and then decide whether or not that person is disabled.

So, although the Employment Appeal Tribunal (EAT) – in Metroline Travel Ltd v Stoute – has held that type 2 diabetes is not a disability, we should regard this with caution.

On close inspection, the case is a little more complicated than the headlines would have us believe. In the first place, what the EAT actually did was to overturn an employment tribunal finding that type 2 diabetes must by its very nature be regarded as a disability. Insofar as the tribunal said that, it was clearly wrong.

The EAT also acknowledged that type 2 diabetes can be a disability depending on the impact that it has on a person’s ability to carry out normal day-to-day activities. What has raised eyebrows in the employment law world, however, is the basis on which the EAT held that the claimant in this particular case was not disabled.

Continue reading the full analysis on diabetes as a disability on XpertHR…

Avatar
Darren Newman

Darren Newman qualified as a barrister in 1990, and has represented both employers and employees at tribunal. He provides straightforward practical guidance on a wide range of employment law issues. Darren also works as a consultant editor for XpertHR.

previous post
Tribunal watch: £3.1m for banker falsely labelled “Ms Cokehead”
next post
Technostress: are employees running out of battery life?

You may also like

Christian doctor loses transgender pronoun case, but beliefs...

29 Jun 2022

Home working enabled more with arthritis to stay...

28 Jun 2022

Employers urged to offer fast-track long Covid support

24 Jun 2022

Long Covid: what tribunal’s disability ruling means for...

23 Jun 2022

‘Landmark’ new guidance for pilots with HIV

20 Jun 2022

Black, Asian and LGBTQ+ workers ‘overlooked’ at work

20 Jun 2022

Hidden disabilities: Could apprenticeships open up access?

17 Jun 2022

Lack of disability support for long Covid causing...

13 Jun 2022

Guides to support employees with Raynaud’s and Scleroderma

13 Jun 2022

Rising worklessness among young men needs ‘urgent attention’

13 Jun 2022
  • NSPCC revamps its learning strategy with child wellbeing at its heart PROMOTED | The NSPCC’s mission is to prevent abuse and neglect...Read more
  • Diversity versus inclusion: Why the difference matters PROMOTED | It’s possible for an environment to be diverse, but not inclusive...Read more
  • Five steps for organisations across the globe to become more skills-driven PROMOTED | The shift in the world of work has been felt across the globe...Read more
  • The future of workforce development PROMOTED | Northumbria University and partners share insight...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • OHW+
  • Join
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • OHW Awards
  • Jobs
  • Personnel Today