Wednesday, 5 April 2017

Type 2 Diabetes May be A Disability

The EAT has overturned an employment tribunal's decision that a man suffering from Type 2 diabetes was not disabled.The judge had not properly considered whether his Type 2 diabetes was a progressive condition.He should have considered whether the condition was likely to result in a substantial adverse effect on normal day to day activities and the medical evidence had been inadequate in this regard as it had not considered the future prognosis.

In Taylor v Ladbrokes Betting and Gaming,Mr Taylor suffered from Type 2 diabetes.He was dismissed and claimed disability discrimination. Based on written medical evidence,the employment judge ruled that he was not disabled.His condition was controlled by medication.The medical evidence also indicated that he could easily control his condition by means of lifestyle,diet and exercise.

Mr Taylor appealed to the EAT,who upheld his appeal and sent the case back to the employment tribunal to consider again.

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