Ms Jenny Millar, Niece For the v Respondent — 2021

This was an open preliminary hearing before Employment Judge Alliott, sitting alone by CVP on 26 July 2021. The issue for determination was whether Mr B McMullan met the definition of disability under s.6 Equality Act 2010 before the end of his employment, specifically between 2 and 23 January 2020.

The tribunal reviewed the statutory definition of disability, Schedule 1 paragraph 5 on treatment or correction, the 2011 statutory guidance, and the authorities in Metroline Travel Ltd v Stoute and Taylor v Ladbrokes Betting & Gaming Ltd. It accepted evidence from the claimant, two disability impact statements, a GP letter, medication records and medicine leaflets.

The judge found that the claimant had Type 2 Diabetes diagnosed on 26 April 2007 and was taking medication, with the GP letter referring to drugs principally for diabetes, blood pressure, gastric protection and cholesterol. The claimant also controlled the condition by diet and abstinence from alcohol. Although the GP record noted well-controlled diabetes on 15 June 2020, the tribunal held that the statutory question was the likely effect without the treatment.

The tribunal concluded that, without medication and diet, the condition would have a substantial adverse effect on normal day-to-day activities, including the risk of hypoglycaemia and the possible effects of heart disease, kidney disease, blindness and poor circulation. It therefore held that Mr McMullan was disabled within the meaning of the Equality Act 2010 at all material times between 2 and 23 January 2020. No monetary award was made in this judgment; the case management section referred the parties to judicial mediation and directed an updated schedule of loss, a cast list and a short neutral chronology.