Recurring conditions

Recurring conditions are covered by the EA 10, as long as there is evidence that the condition is “likely” to recur so as to have a substantial and adverse effect on the ability to carry out day-to-day activities. For example, someone with rheumatoid arthritis may have adverse effects for a few weeks. If the effects then stop but are likely to recur, they are long-term. The focus is on whether the substantial adverse effect, rather than the impairment itself, is likely to recur (Swift v Chief Constable of Wiltshire Constabulary ([2004] IRLR 540)). In SCA Packaging Limited v Boyleand the Equality and Human Rights Commission [2009] IRLR 747), the Supreme Court decided that “likely” in this context means “could well” recur: