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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.
In a recent case the Employment Appeal Tribunal determined that, as a zero-hour worker, the Claimant was not entitled to be paid whilst he was suspended pending an investigation into an allegation of misconduct.
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The Government has launched a consultation today on potential changes to the statutory flexible working regime.
An employment tribunal has awarded an employee almost £185,000 for indirect discrimination following a failure to adequately consider the employee’s flexible working request.
Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.
Senior Associate
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