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

Changes to the Job Support Scheme

The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.

View blog

The Restriction of Public Sector Exit Payments Regulations 2020

On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.

View blog

Employers liability for practical jokes in the workplace

The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.

View blog

Job Support Scheme

The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up