In the case of Taylor v Ladbrokes Betting and Gaming Ltd (16 December 2016) the EAT held that the Employment Tribunal had failed to properly consider whether Type 2 Diabetes was a progressive condition amounting to a disability under the Equality Act 2010.
The Tribunal erred in focusing on the claimant’s health in the timeframe during which the act of discrimination occurred without considering the future. The medical evidence was also deemed not sufficient.
The claim has been sent for a rehearing and it will be interesting to see how the Tribunal apply this decision. For now is it unclear whether Type 2 Diabetes will amount to a disability under the Equality Act but the case has provided us with some fresh guidance on how to interpret whether a particular condition will be considered a disability.