LRD guides and handbook July 2020

Law at work 2020 - the trade union guide to employment law

Chapter 7

Recurring conditions

[ch 7: page 215]

Those with recurring conditions are protected by the EA 10 if there is evidence that their condition is likely to recur, so as to have a substantial adverse effect on their ability to carry out day-to-day activities. For example, someone’s rheumatoid arthritis may have 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).