In Taylor v Ladbrokes Betting & Gaming Ltd Mr Taylor argued that he had been disabled for almost a year before his dismissal, due to type 2 diabetes. At a Preliminary Hearing, the Employment Tribunal relied on two medical reports and decided that he was not disabled. Mr Taylor appealed to the Employment Appeal Tribunal.

The Employment Appeal Tribunal upheld the appeal, holding that the Employment Tribunal had misconstrued the proper test. Type 2 diabetes, as a progressive condition, would amount to a disability even if it did not have a substantial adverse effect at that time, as long as it was likely that it would result in such a condition.

Mr Taylor’s diabetes was controlled by medication and there were ‘lifestyle’ changes he could reasonably make to control the condition. However, the question was whether the condition was likely to result in an impairment. The issue was not what might happen to a proportion of the population, but whether the medical evidence suggested there was a chance of something happening. The medical evidence was not clear on this and had been misinterpreted by the Employment Tribunal. The Employment Appeal Tribunal remitted the case back to the Employment Tribunal to reconsider the issue.

The Employment Appeal Tribunal holds that type 2 diabetes can be a disability