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Is Type 2 Diabetes Classed As A Disability In Uk

Can You Claim Disability Benefits If You Have Diabetes?

Can You Claim Disability Benefits If You Have Diabetes?

There’s a lot to take in when you, or someone you love, is diagnosed with diabetes. Finding out what benefits you might be entitled to, now or in future, may not be top of your to-do list so here’s a quick overview. Is diabetes a disability? Under the 2010 Equality Act, type 1 diabetes is defined as a disability, in that it may have a ‘substantial, long-term, negative impact on a person’s ability to carry out normal, day-to-day activities’. Many people with type 2 diabetes are also covered by this definition. The aim is protect you from discrimination, such as needing time out during the working day to check your blood sugar levels or recover from a 'hypo' (low blood sugar) episode. It sounds confusing, but if your diabetes is being controlled by medication or diet, the impact of your condition on ‘normal activities’ is decided as if you were not taking medication or following a managed diet i.e. if you were not taking insulin to treat type 1 diabetes, this would have a severe impact on your abilities (it could even be fatal) and so is considered a disability. What can I claim for? If you have either type 1 or type 2 diabetes, you will be eligible for certain benefits, depending on the extent to which your condition affects your life. For example, everyone in the UK with diabetes is entitled to free eye checks from the age of 12 – once yearly screening for diabetic retinopathy. And if you’re on any medication for your diabetes, you’ll receive free prescriptions. There are additional benefits available to those with diabetes related to disability and long-term health, such as if you need help or if you’re unable to work. Whether or not you’re eligible depends on factors like additional health issues and how much diabetes affects your day-to-day ac Continue reading >>

Could Type 2 Diabetes Be A Disability Under The Equality Act 2010?

Could Type 2 Diabetes Be A Disability Under The Equality Act 2010?

Under the Equality Act 2010, a person with a progressive condition (such as Type 2 Diabetes) has a disability if they “have a physical or mental impairment” which “has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities... as a result of the condition.” In a previous case, the EAT decided that Type 2 Diabetes did not itself amount to a disability but in Taylor v Ladbrokes Betting and Gaming Ltd, the EAT again considered this question. The Tribunal held that Mr Taylor was not disabled based on the evidence before them, which focussed on Mr Taylor’s prognosis in the past, as the medical reports did not go into detail on the likely effect of the condition in the future. However, the EAT remitted the case back to the Tribunal for further expert evidence into ways in which Type 2 Diabetes can deteriorate and Mr Taylor’s future prognosis. It said that “Even a small possibility of deterioration... is enough to… result in the particular individual having such an impairment,” as there were various possible complications over the long-term. For progressive conditions, the relevant question was whether the condition was likely to result in a substantial adverse effect on normal day to day activities. This case illustrates the complexity in establishing if a progressive condition is a disability and the importance of asking the right questions of the medical expert when a report is being compiled on the issue of a possible disability. Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley. For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at [email protected] by telephone 020 7539 8000 (London Continue reading >>

Is Diabetes Classed As A

Is Diabetes Classed As A "disability"?

Diabetes Forum The Global Diabetes Community Find support, ask questions and share your experiences. Join the community I'm a little confused here. My son was diagnosed 2 years ago - Type 1. He is due to start university next month and has just received an email from the uni. It's from the "Disability Service" at the uni asking if he's like to come in and discuss any support he may require. I think this is good/helpful to know that he can go to someone if he needs support but was quite surprised at the word disability. We have never thought of diabetes as being a disability, more a disease or condition. Do you think it's just an umbrella sort of word, cos they have to call it something, or am I being naive? I have just found my answer on this site. In legal terms, is diabetes considered to be a disability? The provisions of the Disability Discrimination Act of 1995 include diabetes. Still wouldn't class it as one myself but maybe that's just me. The Disability Discrimination Act has a definition about what is meant by a Disability for the purposes of that Act. Main elements of the definition of disability The Act defines a disabled person as a person with a: A1. physical or mental impairment which has a substantial and longterm adverse effect on his ability to carry out normal day-to-day the person must have an impairment that is either physical or the impairment must have adverse effects which are the substantial adverse effects must be long-term (see the long-term substantial adverse effects must be effects on normal day-to-day activities (see Section D). This definition is subject to the provisions in Schedule 1 (Sch1) ... bility.pdf In practice a Type 1 would almost ceratinly be classed as having a Disability whereas a Type 2 is a grey area and it will depend on al Continue reading >>

Is Diet-controlled Type 2 Diabetes A Disability Under The Equality Act 2010?

Is Diet-controlled Type 2 Diabetes A Disability Under The Equality Act 2010?

With the chocolate excesses of Easter fading from our memories and the lure of summer BBQs just on the horizon, it seems that life often has a tendency to focus around socialising and meal times. I have recently got back from a week’s holiday in France where we seemed to move from one meal to another (each lasting considerably longer than a meal time at home) with very little else in between! It is not therefore surprising that there have been several cases recently focusing on the health of employees and in particular their weight and whether certain weight-related conditions should be classed as a disability under the Equality Act 2010. We recently heard that obesity can, in some circumstances, lead to individuals being deemed to be disabled and the latest condition to cross the threshold of the Employment Appeal Tribunal is diet-controlled type 2 diabetes. The facts Mr Stoute was employed by Metroline Travel Limited and brought a claim for unfair dismissal and various discrimination claims. He claimed that he was disabled under the Equality Act 2010 as he had type 2 diabetes which he controlled by adopting a diet which avoided sugary fizzy drinks. I am sure everyone is familiar with the definition of a disability under the Equality Act 2010, but as a refresher, a person has a disability if they have a physical or mental impairment and the impairment has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities. There is guidance in the Equality Act 2010 which states that if someone has an impairment but they are receiving treatment for it, when trying to decide whether or not they are disabled the effect of the impairment should be considered based on what would happen if that treatment wasn’t taking place. A common exa Continue reading >>

Disability Discrimination: When Diabetes Is Not A Disability

Disability Discrimination: When Diabetes Is Not A Disability

Consultant editor Darren Newman considers a recent Employment Appeal Tribunal decision involving the concept of diabetes as a disability for the purposes of the Equality Act 2010. The case involved an individual with type 2 diabetes largely controlled by avoiding sugary drinks. Disability discrimination cases deal with a wide range of conditions, and the temptation is to divide these conditions into those that are, and those that are not, disabilities. However, this is not a very helpful approach. Disability is not a medical category; it cannot simply be diagnosed. It is a legal and social concept that depends not just on a person’s physical or mental condition, but also on the effect that this has on his or her life. Rather than considering whether or not a condition amounts to a disability, we should look at the effect that it has on the person and then decide whether or not that person is disabled. So, although the Employment Appeal Tribunal (EAT) – in Metroline Travel Ltd v Stoute – has held that type 2 diabetes is not a disability, we should regard this with caution. On close inspection, the case is a little more complicated than the headlines would have us believe. In the first place, what the EAT actually did was to overturn an employment tribunal finding that type 2 diabetes must by its very nature be regarded as a disability. Insofar as the tribunal said that, it was clearly wrong. The EAT also acknowledged that type 2 diabetes can be a disability depending on the impact that it has on a person’s ability to carry out normal day-to-day activities. What has raised eyebrows in the employment law world, however, is the basis on which the EAT held that the claimant in this particular case was not disabled. Continue reading the full analysis on diabetes as a Continue reading >>

Diabetes Type 2 Is Not A Disability Says The Appeal Tribunal

Diabetes Type 2 Is Not A Disability Says The Appeal Tribunal

In the recent case of Metroline Travel Ltd v Stoute, the Employment Appeal Tribunal (EAT) has found that diet-controlled Type 2 diabetes does not amount to a disability under the Equality Act 2010. Mr Stoute had been dismissed for gross misconduct from his job as a bus driver. He suffered from Type 2 diabetes, controlled by following a diabetic diet which involved abstaining from sugary food and drinks. Failure to do so could result in a hypoglycaemic episode. When Mr Stoute was dismissed he brought claims for unfair dismissal, disability discrimination, and a failure to make reasonable adjustments. At a preliminary hearing, the employment tribunal held that Mr Stoute suffered from a disability within the meaning of the Equality Act 2010 and, in reaching its decision, referred to paragraph B12 of the Equality Act Guidance, which states: “where an impairment is subject to treatment or correction, the impairment is to be treated as having a substantial adverse effect if, but for the treatment or correction, the impairment is likely to have that effect.” The employment tribunal felt that abstaining from sugary foods and drinks could be deemed to be a form of correction. Notwithstanding the decision that Mr Stoute was disabled, his substantive claims were subsequently dismissed. His employer, Metroline, nevertheless appealed against the decision on disability because they were concerned that other members of their workforce who had Type 2 diabetes might be encouraged to make claims on this basis. The EAT held that the employment tribunal was wrong to conclude that Mr Stoute (and, as a result, anyone with diet-controlled Type 2 diabetes) is disabled. It did not agree that abstaining from sugary foods/drinks could be regarded as “treatment or correction” or a substant Continue reading >>

Should Diabetes Be Deemed A Disability?

Should Diabetes Be Deemed A Disability?

Jade Rigby (Writer) Jade is a third year Law student at Newcastle University. She is currently completely an Erasmus year abroad at Universitat Pompeu Fabra in Barcelona, Spain, and will return to Newcastle in 2015. Jade is predominantly interested in commercial law, but also writes on criminal and private law topics. Recently, Employment Tribunals and the Employment Appeal Tribunal (EAT) have faced some tough challenges in relation to the Equality Act 2010. Earlier this year, Keep Calm Talk Law’s Manprabh Basi discussed a recent decision which questioned whether overweight employees could be classed as disabled. Whether a health issue is classed as a disability can have a significant practical effect on both employees and employers, and employment tribunals face the daunting challenge of deciding whether to consider a range of disorders, diseases and afflictions in the future. One such challenge arose in Metroline Travel Ltd v Stoute UKEAT/2015/0302. The central issue in this case was whether Type 2 diabetes amounted to a disability under the Equality Act 2010. Diabetes and Type 2 Diabetes The NHS defines diabetes as a ‘lifelong condition that causes a person's blood sugar (glucose) level to become too high.’ The pancreas produces a hormone named insulin, which controls glucose levels in blood. The two main types of diabetes occur when there are problems with this process: Type 1 – when the pancreas doesn't produce any insulin Type 2 – when the pancreas doesn't produce enough insulin or the body’s cells do not react to insulin According to NHS figures, ‘in England in 2010, there were approximately 3.1 million people aged 16 or over with diabetes (both diagnosed and undiagnosed). By 2030, this figure is expected to rise to 4.6 million, with 90% of those af Continue reading >>

Diabetes Type 2 Classed As A Disability | Pjh Law

Diabetes Type 2 Classed As A Disability | Pjh Law

Taylor v Ladbrokes Betting & Gaming Ltd Is diabetes type 2 classed as a disability? Welcome back to your weekly update. We cant bring you sunny weather but we can bring you an interesting case on disability discrimination! Is diabetes type 2 classed as a disability? Under the Equality Act you are disabled if you have a physical or mental impairment that has a substantial, adverse, long-term effect on your ability to carry out normal day-to-day activities. This definition includes progressive conditions. That is a condition that doesnt currently have, or hasnt had, the requisite adverse effect, but which is likely to result in an impairment having a substantial adverse effect on a persons ability to carry out normal day to day activities. This is a contested area of the law but this case suggests that type 2 diabetes could qualify as a disability on this basis. Mr Taylor, the Claimant suffered from type 2 diabetes, which he controlled by medication. He was dismissed by Ladbrokes and bought proceedings against the company. At the preliminary hearing the tribunal considered whether he was disabled within the meaning of s6 Equality Act 2010. The judge was helped by medical reports from a consultant physician which said that diabetes caused hyperglycemia which was not a long-term condition if it was properly managed. However it also said that if the diabetes is poorly controlled the longer-term effects could be severe. The Judge interpreted the medical opinion as meaning that the claimant could easily control his diabetes by means of diet, lifestyle and exercise. If this was done the chances of it progressing was small. He concluded that the Claimant was not disabled. The Claimant appealed. The EAT asked the question as to whether a Claimant with type 2 diabetes could claim Continue reading >>

Is Type 2 Diabetes A Disability Under The Equality Act 2010?

Is Type 2 Diabetes A Disability Under The Equality Act 2010?

Home Bulletins Is Type 2 diabetes a disability under the Equality Act 2010? Employment & Pensions E-Bulletin Article There are two types of diabetes; type 1 which is insulin controlled and is usually found to satisify the definition of disability under the Equality Act 2010 and type 2, which can be controlled by diet or medication. This month the EAT has overturned an Tribunal's decision in the case of Metroline Travel Ltd v Stoute that an employee’s type 2 diabetes amounted to a disability under the Equality Act 2010. The EAT held that the condition, which was controlled by diet (i.e. by abstaining from sugary drinks), did not have a substantial adverse effect on the employee’s ability to carry out day-to-day activities. Facts The Claimant was employed by the Respondent as a bus driver from 24 February 1992 to 11 March 2013 when he was dismissed for gross misconduct. Whilst the Claimant's claims for unfair dismissal, discrimination arising from disability and failure to make reasonable adjustments were all dismissed and the EAT allowed the Respondent's appeal to be heard as it would affect other employees of the Respondent who also suffered from type 2 diabetes. The issue in the appeal focused on the effect of the condition of type 2 Diabetes on The Claimant's normal day to day activities and whether the effects on the Claimant meant that his condition fell within the definition of disability i.e. that it had a substantial adverse effect on their ability to carry out normal day to day activities. During the proceedings it was noted that a diabetic diet involves trying to avoid foods with a significant sugar content including sweets, chocolates and fruit juices etc, and that someone suffering from type 2 diabetes who does not properly manage his blood sugar levels m Continue reading >>

Disability Type 1 Or Type 2?

Disability Type 1 Or Type 2?

The Employment Appeal Tribunal recently had to consider the issue is diabetes is a disability? As some of you will know, Type 1 diabetes occurs when the body produces no insulin at all and therefore medication is required. Type 2 diabetes usually occurs after the age of 40 when there isnt enough insulin in the body or the insulin isnt working properly. Type 2 can requite medication but it can sometimes be managed through diet. In the case of Metroline Travel v Stoute 2015, Stoute was a bus driver who has Type 2 diabetes which was controlled through diet. He had a chequered employment history that did include him diverting his bus so he could buy a chicken kebab, in 2013 he was dismissed. Stoute argued that the decision amounted to disability discrimination on the grounds of his diabetes. For a condition to be classed as a disability, the condition must have a substantial and long term effect on day to day activities. The judge which heard the case has Type 2 diabetes too and understood the effects that it can have on a persons life. However, he ruled that where diabetes is managed solely through diet and no medication is required or needed then the individual is not automatically disabled. Where a person is insulin dependent control their diabetes they will generally be classed as disabled, and therefore will require you to make reasonable adjustments to accommodate their needs. If you have a diabetic employee which claims to be disabled because of the condition always check which type they have and if it is Type 2, check how the condition is controlled. If it is Type 2 and medication is required then you may need to consider adjustments. Continue reading >>

Disability Discrimination: Is Type 2 Diabetes A Disability?

Disability Discrimination: Is Type 2 Diabetes A Disability?

The Employment Appeal Tribunal (EAT) has recently considered whether type 2 diabetes was a 'progressive condition' and therefore covered by disability discrimination law. The legal framework Under the Equality Act 2010 (the 'Act'), a person can only claim disability discrimination if they can show that they are 'disabled'. Under the Act there is a legal definition of disability which provides that a person has a disability if they have, 'a mental or physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.' Individuals suffering from conditions that are deemed to be progressive in nature (that is likely to get worse overtime) may still satisfy the definition of disability if they can show that their condition causes an impairment that has some impact on their ability to carry out day to day activities and that it is likely that the condition will result in future substantial adverse effects. In 2009 the Supreme Court held that 'likely' in this context meant 'could well happen'. In an earlier case, Metroline Travel Limited v Stoute, the EAT held that an individual suffering from type 2 diabetes capable of being controlled through an abstinence of sugary drinks was not disabled. The facts In Taylor v Ladbrokes Betting and Gaming Ltd, the claimant had been dismissed in November 2013 by reason of incapacity or misconduct. Following his dismissal the claimant alleged that he had been suffering from a disability (type 2 diabetes) for a period of nearly 12 months prior to the dismissal. He claimed unfair dismissal and disability discrimination. The employer obtained a report from a physician with a particular interest in diabetes. The questions posed to him and the information provided largely related t Continue reading >>

Type 2 Diabetes May Be Considered A Disability In The Uk

Type 2 Diabetes May Be Considered A Disability In The Uk

The Employment Appeal Tribunal has ordered an employment tribunal to consider whether a person suffering from Type 2 diabetes was disabled on the basis that he suffered from a progressive condition – Doyle Clayton reports. Speedread The Employment Appeal Tribunal 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. It was also unclear whether the claimant’s conduct in relation to lifestyle, diet and exercise was a relevant factor when dealing with progressive conditions. It ordered the employment tribunal to reconsider whether he was suffering from a progressive condition. Background A person is disabled if they have a physical or mental impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities. A person may also be disabled if they suffer from a progressive condition resulting in an impairment which has an effect on their day to day activities, and which is likely to result in an impairment having a substantial adverse effect in the future. Facts In Taylor v Ladbrokes Betting and Gaming, Mr Taylor suffered from Type 2 diabetes. He was dismissed and claimed disability discrimination. A preliminary hearing was held to determine whether he was disabled. Based on written medical evidence, the employment judge ruled that he was not disabled. His condition was controlled by medication, but even without medication it would Continue reading >>

Diabetes At Work: How To Avoid Disability Discrimination

Diabetes At Work: How To Avoid Disability Discrimination

Diabetes will increasingly present a challenge at work as the number of people with the condition rises and more employees could be viewed as disabled. Akshay Choudhry, an associate at Burges Salmon, considers the implications. According to NHS Choices, 3.9 million people in the UK now suffer from diabetes. By 2025, this figure is expected to rise to five million; equating to more than 1 in 13 people. As it grows as a public health threat, diabetes at work will increasingly present a challenge as more employees could be viewed as disabled As many will know, there are two main types of diabetes: type 1 and type 2. It is the latter type that is on the rise due to its link with lifestyle factors such as obesity and unhealthy diets. While the European Court of Justice (ECJ) decided last year, in Karsten Kaltoft v Kommunernes Landsforening, that obesity itself is not a protected characteristic for the purposes of discrimination, its consequential effects – such as type 2 diabetes – can amount to a disability. Diabetes and disability discrimination resources While a diagnosis of diabetes does not automatically mean that an individual is disabled, those with the condition may qualify as disabled under the Equality Act if they meet the statutory test. In essence, it is the degree to which the diabetes impacts on the employee’s ability to carry out their day-to-day activities that determines whether or not they are afforded protection. Applying the disability test to diabetes The Act, which is supported by guidance on what can be taken into account in determining disability (the guidance), suggests that when determining whether or not the test of disability is met: if a condition is treated or corrected, the effect of that treatment or correction should be ignored when ass Continue reading >>

Social Security Disability For Diabetes (type I Or Type Ii)

Social Security Disability For Diabetes (type I Or Type Ii)

Diabetes happens when the body doesn't produce enough insulin to process glucose. Diabetes can often be controlled with treatment -- a combination of medication and diet. As a person gets older, sometimes diabetes can't be controlled, and then it can cause damage to internal organs and other problems. Symptoms and Complications of Adult Diabetes Symptoms of both diabetes type 1 and diabetes type 2 include frequent urination, unusual thirst and hunger, and extreme fatigue. People with type 2 diabetes also can suffer from tingling or numbness in the hands and feet, frequent infections, and cuts that are slow to heal. Complications from diabetes include: retinopathy (eye and vision problems) nephropathy (kidney disease) neuropathy (nerve damage) in feet or hands that disrupts your ability to stand, walk, or use your hands hypertension (high blood pressure) gastroparesis (a type of nerve damage that interferes with digestion) peripheral arterial disease (reduced blood flow to your limbs) cellulitis (skin infections), and Qualifying for Disability Benefits with Diabetes If you have uncontrolled diabetes and you have been prevented from working for at least 12 months, or you expect that you won't be able to work for at least 12 months, then you may be eligible for Social Security disability (SSDI/SSD) benefits or Supplemental Security Income (SSI) benefits. But to qualify for disability benefits, the damage caused by your diabetes must severely limit what you can do, or you must have complications that fulfill the requirements of one of Social Security's disability listings. If your diabetes is uncontrolled because you don't follow your doctor's prescribed treatment, you won't be eligible for disability. For more information, see our article on failing to comply with treatmen Continue reading >>

Disability Discrimination: Is Type 2 Diabetes A Disability?

Disability Discrimination: Is Type 2 Diabetes A Disability?

The Employment Appeal Tribunal (EAT) has recently considered whether type 2 diabetes was a 'progressive condition' and therefore covered by disability discrimination law. The legal framework Under the Equality Act 2010 (the 'Act'), a person can only claim disability discrimination if they can show that they are 'disabled'. Under the Act there is a legal definition of disability which provides that a person has a disability if they have, 'a mental or physical impairment which has a substantial and long-term adverse effect on their ability to carry out normal day to day activities.' Individuals suffering from conditions that are deemed to be progressive in nature (that is likely to get worse overtime) may still satisfy the definition of disability if they can show that their condition causes an impairment that has some impact on their ability to carry out day to day activities and that it is likely that the condition will result in future substantial adverse effects. In 2009 the Supreme Court held that 'likely' in this context meant 'could well happen'. In an earlier case, Metroline Travel Limited v Stoute, the EAT held that an individual suffering from type 2 diabetes capable of being controlled through an abstinence of sugary drinks was not disabled. The facts In Taylor v Ladbrokes Betting and Gaming Ltd, the claimant had been dismissed in November 2013 by reason of incapacity or misconduct. Following his dismissal the claimant alleged that he had been suffering from a disability (type 2 diabetes) for a period of nearly 12 months prior to the dismissal. He claimed unfair dismissal and disability discrimination. The employer obtained a report from a physician with a particular interest in diabetes. The questions posed to him and the information provided largely related t Continue reading >>

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