0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

type 2 diabetes ruled not to be a disability

20 March 2015

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.

related opinions

Home Office Central Registry for modern slavery statement goes live - first universities publish statements

The Home Office recently launched a central registry for modern slavery statements. A growing number of educational organisations, including a number of universities, have published statements on the registry.

View blog

Equal pay at ASDA stores - appeal to the Supreme Court unsuccessful

35,000 workers working in ASDA’s retail business sought to compare themselves to workers at distribution depots for equal pay purposes. Find out more about this Employment Appeal Tribunal.

View blog

Supreme Court confirms that sleep ins are not working time

The Supreme Court judgment represents the conclusion on whether or not “sleep in time” should be classified as working time, when calculating the National Minimum Wage (NMW).

View blog

Mencap case: No entitlement to National Minimum Wage for sleep-in shifts

In a pivotal and much anticipated judgment for the social care sector, the Supreme Court has ruled that workers are not entitled to the National Minimum Wage for all time spent on a sleep-in shift.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up