The answer is no according to the Employment Appeal Tribunal in the recent case of Metroline Travel Ltd v Stoute. This overturned the finding of a tribunal at a preliminary hearing that an employee with Type 2 diabetes was disabled for the purposes of the Equality Act 2010. The employee in question had been on a diabetic diet intended to reduce blood sugar levels by abstaining from sugary foods. At the preliminary hearing, the tribunal considered that this was equivalent to a medical treatment, and that without the treatment, the employee's condition would qualify as a disability based on the legal definition. On appeal, the EAT ruled differently. It held that avoiding sugary drinks cannot qualify as a measure to treat the condition. As such, Type 2 diabetes, in itself, does not amount to a disability under the Equality Act 2010.
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