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In Metroline Travel Ltd v S, the EAT has ruled that diet controlled type 2 diabetes does not necessarily constitute a ‘disability’ under the Equality Act 2010 (Act).
S avoided sugary drinks to control his type 2 diabetes. An employment tribunal decided that the condition amounted to a disability. Metroline appealed, and the EAT disagreed with the tribunal. It ruled that the abstention from sugary drinks was not sufficient to constitute a substantial adverse effect on day-to-day activities, which is a crucial aspect of the statutory definition of ‘disability’.
This decision clarifies that employees with diet controlled conditions including type 2 diabetes, and by extension those with nut allergies and other such intolerances, are unlikely to succeed in establishing that they are disabled within the meaning of the Act. It is a common misconception that diabetic employees (both type 1 and type 2) are necessarily disabled – the matter is one of fact and degree.
This case offers particularly helpful guidance for employers when being faced with employees who are suspected of criminal wrongdoing, albeit care should always be given to ensure allegations are clearly defined and considered on their own merits.
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The courts have long recognised that, on a societal level, women bear a greater burden of childcare responsibilities than men which can make it more difficult for women to comply with employer requirements for flexible working (known as the ‘childcare disparity’).
All EU citizens who were not residing in the UK by the end of December 2020 and want to live and work in the UK from 1 January 2021 must apply for a visa as a result of Brexit.
The Young Professionals Scheme will make it easier for young Indian citizens and young Britons to access visas.
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