Recurring conditions

Individuals with recurring conditions are protected 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 their ability to carry out day-to-day activities. For example, someone with rheumatoid arthritis may have adverse effects lasting for a few weeks. If these effects then stop but are likely to recur, they are long-term. The focus is on whether the substantial adverse effect on the ability to carry out day-to-day activities, as opposed to the impairment itself, is likely to recur (Swift v Chief Constable of Wiltshire Constabulary [2004] IRLR 540). “Likely”, in this context, means “could well” recur (SCA Packaging Limited v Boyle and the Equality and Human Rights Commission [2009] IRLR 747).