Progressive conditions 





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 amount to a disability even if the condition is not yet having a substantial adverse effect, as long as the medical evidence shows that such an effect is likely in the future (Taylor v Ladbrokes Betting and Gaming Limited [2016] UKEAT 0353/15/1612).
A future adverse effect is “likely” to be substantial if it could well occur (SCA Packaging Limited v Boyle [2009] IRLR 747). 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 is unlawful to treat someone less favourably because you mistakenly assume their condition is likely to have a substantial adverse effect in the future (Chief Constable of Norfolk v Coffey [2017] UKEAT/0260/16). See also Perceived disability, on page 212.