Our website is set to allow the use of cookies. For more information and to change settings click here. If you are happy with cookies please click "Continue" or simply continue browsing. Continue.

Employment Law

Legal guidance - compliance - software

26 MAY 2015

Metroline Travel Ltd v Stoute UKEAT/0302/14; (2015) EMPLR 023

Metroline Travel Ltd v Stoute UKEAT/0302/14; (2015) EMPLR 023
26 January 2015

Employment Appeal Tribunal (EAT)

His Honour Judge Serota QC

Type 2 diabetes is not necessarily a disability.

Disability means an impairment which has a substantial, long-term, adverse effect on the ability to carry out day-to-day activities. An impairment is treated as having a substantial adverse effect even if that effect is avoided by treatment or correction. The risk of a hypoglycaemic attack is avoided if the individual manages his or her diet properly. Having to stick to a particular diet may amount to ‘treatment’ or ‘correction’, but mere abstention from particular foods or drinks (eg sugary drinks) does not amount to ‘treatment’ or ‘correction’ – just as a nut allergy cannot be said to be ‘treated’ by not eating nuts. Nor is the need to avoid certain foods or drinks an ‘adverse effect on day-to-day activities’.

In this case, S suffered from type 2 diabetes and had to avoid sugary drinks. He claimed that this amounted to a disability. The EAT disagreed. Abstaining from sugary drinks was not ‘treatment’ nor did it amount to a substantial adverse effect on day-to-day activities.


Law and Practice

The status of employment rights on the transfer of an undertaking is an extremely complex area of...

More Info from £76.50
Available in Employment Law Online

Social Media in the Workplace

A Handbook

This book is intended as a handbook for advisers to employers, providing an overview of the...

More Info from £58.50
Available in Company Law Online
Subscribe to our newsletters