Mr K Islam v Nestle UK Ltd — 2022

The preliminary hearing addressed whether the claimant's Type 2 Diabetes and/or Plantar Fasciitis amounted to disabilities during the relevant period from June 2019 to 7 September 2020, and whether the respondent had knowledge of any substantial adverse effect. The respondent accepted awareness of the diagnoses or conditions but disputed substantial adverse effect.

On Plantar Fasciitis, the tribunal found that the claimant had a long-term condition and experienced intermittent symptoms, particularly when wearing inappropriate work shoes or standing for long periods. It found that the symptoms were not continuous, were manageable, and resolved when he wore more comfortable shoes. The tribunal concluded that the condition did not have a substantial adverse effect on normal day-to-day activities.

On Type 2 Diabetes, the tribunal accepted that the claimant had been on medication continuously since 2018 and needed the toilet more often than a person without diabetes. It did not accept that he used the toilet every hour, and found insufficient evidence that the condition, either on medication or on a deduced-effects basis without medication, substantially affected his ability to carry out day-to-day activities. The tribunal therefore concluded that neither condition amounted to a disability at the relevant time.