Chapter 7
Recurring conditions
[ch 7: page 221]People with recurring conditions are protected by the EA 10 if there is evidence that the substantial adverse effect of their impairment on their ability to carry out day-to-day activities is likely to recur. “Likely” means “could well happen”. For example, someone’s rheumatoid arthritis may have substantial adverse effects lasting for a few weeks. If these effects then stop but are likely to recur, they will be “long-term”, and the individual will be protected (Swift v Chief Constable of Wiltshire Constabulary [2004] IRLR 540).
What matters is that at the time of the alleged discriminatory treatment, the substantial adverse effect was likely to recur (Sullivan v Bury Street Capital Limited [2020] UKEAT/0317/19/BA).