Having diabetes whatever sort is not a disability full stop. what about cancer and heart desease you could go on .I was stopped from driving a vehicle on the tarmac of a london airport becos i have type 2 at the time i was on tablets the airport nurse who examined me said i was not fit to drive in case i had a hypo.[/quote
Utter toss.(possibably not the bit about the airport though)
Some actual facts;
The Disability Discrimination Act 1995 (as amended subsequently) marked the first
major piece of anti-discrimination legislation for two decades, and the first to deal
with the issue of disabled people in the work place. It governs workplace relations
and also imposes obligations on providers of goods and services and affects the
design of buildings and access to transport.
The focus of this note, however, is to deal with diabetes as a disability under the Act
and to outline to you how the Act may be able to protect and assist you in the
workplace.
Please be aware that this note is intended to provide guidance only and is not intended
to provide or replace independent legal advice on specific sets of circumstances.
Definition of Disabilty
Only those individuals deemed to be disabled for the purposes of the Act can enjoy
the protection it offers. However, many people with diabetes would never normally
view themselves as being disabled.
For the avoidance of doubt, disability for the purposes ofthe Act is not related to your
entitlement or otherwise to disability or sickness benefits - in other words, you don't
have to be formally registered as disabled to benefit from the protection it offers.
The formal definition of disability in the Act is:
"a person has a disabilty for the purposes of this act if he has a physical or mental
impairment which has a substantial and long-term effct on his abilty to carry out
normal day-to-day activities"
Diabetes (sometimes with no distinction made between Type I and Type II) has been
found in previous cases to amount to a disability under the Act. This does not mean,
however, that this condition wil always amount to a disability in every case. If you
believe you have been discriminated against and your employee argues that you are
not disabled (and so not protected by the Act), it wil be a question of fact for an
Employment Tribunal to determine whether your condition has a substantial and longterm
adverse effect on your ability to carr out day-to-day activities in your particular
circumstances.
In determining whether someone with diabetes is disabled there are several key points
to note:
. In each person's case there wil need to be an objective assessment conducted
of the circumstances to ascertin whether that person is disabled for the
purposes of the Act. This is an assessment for the Employment Tribunal to
make (usually with medical assistance);
. "Progressive Conditions" enjoy special protection under that Act which, in
theory means that even where there is no current substantial adverse affect on
your day-to-day activities, the fact that you have a condition (such as Type II
diabetes) may provide you with protection in any event (although there must
be some effect showing). (Diabetes has been found in a previous case to
amount to a progressive condition, but unfortnately, no distinction was drawn
between Type I and Type II diabetes in the case, so the outcome of a challenge
on this basis is not certin);
. The beneficial effects of medical treatment are discounted when considering
whether someone is disabled. So, for example, while someone who has well
controlled diabetes thanks to a successful and well managed insulin regimen
may not have substantial negative effects on their day to day activities, take
the insulin away and the situation changes radically, allowing them to be
protected by the Act.
. Due to the fact that medication is disregarded, it is almost certin that all
insulin dependent diabetes sufferers are viewed as disabled for the purposes of
the Act (this is often not even disputed by employers);
. Those people with diabetes who rely on medication, but not insulin, may also
be considered disabled. This wil very much depend on their individual
circumstances, but given the fact that medication is to be discounted when
considering whether someone is disabled, it seems likely that Type II diabetics
taking medication such as Metformin, Glicliazide etc would be protected by
the Act;
. Those people who manage by diet and exercise alone, may not be offered the
protection of the Act. However, this is by no means certain, since government
guidance on the issue provides that "if a disabled person is advised by a
medical practitioner to behave in a certain way in order to reduce the impact of
a disability, that might count as treatment to be disregarded". In other words,
if you have been advised by a nutritionist or doctor to follow a strict diet and
to take certain exercise on a regular basis, the assessment as to whether you
are disabled may have to take place in a world where you don't do the diet or
take the exercise;
. Remember that secondary conditions (such as retinopathy, neuropathy or heart
disease) could of themselves amount to a disability under the Act.
In general terms, it is likely that all people with Type I diabetes wil be covered by
the Act. It is likely that many people with Type II diabetes who take medication to
control the ilness wil be covered by the Act. Those with Type II diabetes who
manage by diet and exercise alone may not be covered, but this will depend on the
circumstances.
Read the full document at
http://www.diabetes-support.org.uk/Disability%20discrimination%20in%20the%20workplace.pdf
