Progressive conditions
[ch 7: pages 214-215]Someone with a progressive condition is protected once there is evidence that the condition has some adverse effect on ability to carry out normal day-to-day activities, as long as the evidence shows that, in future, the adverse effect is likely to be substantial (Schedule 1, Paragraph 8 EA 10).
Type 2 Diabetes, as a progressive condition, can be a disability even if it does not yet have a substantial adverse effect on a claimant’s ability to carry out day-to-day activities, if the medical evidence shows that this is likely in the future. The question is not what might happen in the population as a whole, but what the medical evidence suggests is likely for a particular claimant (Taylor v Ladbrokes Betting and Gaming Limited [2016] UKEAT 0353/15/1612).
It would be unlawful disability discrimination for an employer to treat someone less favourably because they incorrectly assume that a mild condition is likely to worsen. This would be perceived progressive disability (Chief Constable of Norfolk v Coffey [2019] EWCA Civ 1061). See below –Perceived disability.