The UKEAT has ruled that an employee with Type 2 Diabetes that he controlled largely by avoiding sugary drinks was not disabled within the statutory meaning of disability - the statutory guidance made clear that a condition controlled by a minor alteration of a diet was not a long term condition restricting the ability of the Claimant to carry out ordinary day-to-day tasks.
The EAT judge, sitting alone, concluded:
"... while a particular diet may be regarded as something which is to be ignored when considering the adverse effects of a disability, I do not consider that abstaining from sugary drinks is sufficient to amount to a particular diet which therefore does not amount to treatment or correction."
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