Conditions that can be corrected by medication or treatment 





The EA 10 says that where an impairment’s effects can be removed by “measures” to treat or correct it, for example, drugs or a prosthetic limb, these measures should be disregarded when deciding whether the individual is disabled. There is an exception for ordinary spectacles and contact lenses (Schedule 1 Part 1, para 5(1)(b) EA 10).





Type 2 diabetes has been considered by the EAT in this context. In Taylor v Ladbrokes Betting and Gaming Limited [2016] UKEAT 0353/15/1612, the EAT ruled that whether a claimant’s Type 2 diabetes is a disability depends on their individual condition and prognosis. In Metroline Travel Limited v Stoute [2015] UKEAT 0302/14/2601, the EAT considered the role of diet in diabetes. The EAT acknowledged that, in some cases, a medical need to follow a specific diet can qualify as a “treatment or correction” which must be disregarded under the EA 10. However, the EAT went on to rule that Mr Stoute's Type 2 diabetes, which was manageable by avoiding sugary food and drink, was not a disability because avoiding sugary drinks and food was not a “treatment or correction”.



The statutory guidance on disability is worth noting here. Paragraph B7 of the guidance says that sometimes coping strategies and changes in behaviour (for example, diet and lifestyle) can be so successful that the effect of the impairment is no longer “substantial”, so that the person is no longer disabled. The suggestion here is that someone who unreasonably fails to modify their lifestyle and diet may not be disabled under the EA 10.