Dear All,
I would also add that it is not for the OH practitioner to state whether or not an individual would be covered by the DDA, that is strictly a matter for the Court to decide.
OH advice should in my opinion always be that this condition may, or is likely to be covered by the DDA and then state why ie; as Bashyr says this condition has "a substantial and long term adverse effect on [that] person's ability to carry out normal day to day activities"
The Act also says that the condition should be chronic in nature Ie; It has or is likely to last for over a year,
Whilst there are specific conditions covered it could apply to any medical condition and now this year "stress" is no longer exempted
regards
David
David R Maslen-Jones RGN BA SCPHN(OH) MIOSH
Nurse Consultant, Occupational Health
Plymouth Hospitals NHS Trust
Kingstor House
Derriford
Plymouth
PL6 8DH
Tel: 01752 437234 int:37234
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-----Original Message-----
From: Car Barnes [mailto:[log in to unmask]]
Sent: 11 November 2005 11:47
To: [log in to unmask]
Subject: Re: Recent court or Tribunal case involving diabetic employee
and his employer
Hi Jane
As far as I'm aware (and I may be wrong), tribunals don't set legal
precedents and each individual case is judged on it's own merits. And it
says that his type 2 diabetes required no treatment so maybe that was
why the DDA didn't apply at that time. However that ruling only applies
to that particular case and is not a indication of how other rulings
would go.
Car
-----Original Message-----
From: Ingham, Jane [mailto:[log in to unmask]]
Sent: 11 November 2005 11:28
To: [log in to unmask]
Subject: Re: Recent court or Tribunal case involving diabetic employee
and his employer
I looked up this reference to Hinton v Copal Castings and was interested
to note that diabetes is only counted as a disability if it is type 1
diabetes. I had always been led to believe that type 2 diabetes was also
a disability, because of the consequences if medication was not taken
regularly.
Is there now case law to determine that type 2 diabetes does not
constitute a disability under the DDA? I suppose it makes little
difference anyway, as there would not need to be any significant
adjustments, but I would like to know for my own peace of mind.
Jane Ingham
Occupational Health Advisor
-----Original Message-----
From: Lynn Sheridan [mailto:[log in to unmask]]
Sent: Friday, November 11, 2005 10:16 AM
To: [log in to unmask]
Subject: Re: Recent court or Tribunal case involving diabetic employee
and his employer
Hi James,
Was it the Hinton v Copal Castings case?
Link;
http://www.personneltoday.com/Articles/2005/10/04/31906/Hinton+v+Copal+C
asti
ngs.htm
Regards,
Lynn
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