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Type 2 diabetes does not inevitably amount to a disability

In Metroline Travel v Stoute, Mr Stoute (S) has Type 2 diabetes.

In Metroline Travel v Stoute, Mr Stoute (S) has Type 2 diabetes. The preliminary issue was whether S was disabled within the meaning of the Equality Act 2010 (EA 2010). An employment tribunal decided that S was disabled. It referred to a medical report stating that there were two periods when S was not taking medication which reduces blood sugar levels and S followed a diabetic diet by avoiding, for example, sugary drinks. 

In reaching its decision, the tribunal referred to the statutory document, ‘Guidance on matters to be taken into account in determining questions relating to the definition of disability’ which at paragraph B12 provides that an impairment the subject of treatment or correction was to be treated as having a substantial adverse effect if but for the treatment or correction the impairment was likely to have that effect. The tribunal also agreed with S’s solicitor that a medicated diabetic would regularly be treated as disabled under the EA 2010 even if there had been no episode showing a substantial interference with normal day-to-day activities. The employer appealed.

In a preliminary review of the case before sending it to a full hearing, another EAT Judge suggested that there was a real prospect of showing that the tribunal had decided that anyone with Type 2 diabetes automatically meets the statutory definition of disability. HH Judge Serota, hearing the appeal, upheld the employer’s appeal. Judge Serota, a Type 2 diabetic himself, saw it difficult to see how a perfectly normal abstention from sugary drinks could be regarded as a medical treatment and there was nothing to suggest from the evidence that there has been any substantial interference with normal day-to-day activities. In addition, the tribunal had failed to take account of paragraph B7 of the statutory Guidance, which refers to paragraph B12, and which states, “In some instances, a coping or avoidance strategy might alter the effects of the impairment to the extent that they are no longer substantial and the person would no longer meet the definition of disability.”

The judgment confirms that having Type 2 diabetes in itself cannot automatically mean that a person is disabled. Having established that there is an impairment an employee will have to show evidence of a long-term substantial adverse effect on day-to-day activities. If there is any uncertainty as to whether the definition of disability has been met, employers should always refer to the statutory Guidance.

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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