The People Bulletin

News that a possible cure for type 2 (adult onset) diabetes lies in a strict low-calorie diet to shock the body into removing the fat clogging the pancreas and preventing it from making insulin, has given new hope to the UK’s 2.5 million sufferers of the disease.[1] The research, funded by Diabetes UK will also have raised awareness of how widespread the diseases is in the first place; something which is badly needed, given the latest display of insensitivity on the problem at a recent employment tribunal.

Diabetes is a disability

Although many people with diabetes would not regard themselves as disabled, diabetes can, in the eyes of the Equality Act 2010, be termed as a hidden disability and sufferers can benefit from the Act’s protection.[2]

This was something that Newsquest Media Southern failed to remember when Miss Clark, a diabetes sufferer, was used to just getting on with her job and managing her insulin injections using an auto-injector around four times a day in the stomach area – a procedure that took ‘seconds’.  It was clearly part of her normal routine and not something she was at all embarrassed about – previous employers had been entirely relaxed about it.

Unfortunately Miss Clark was on a training course where the training manager, a Miss Duckworth, told her that such procedures were not appropriate with others present and suggested she “go somewhere more private, such as the toilet”. The manager had mistakenly assumed Miss Clark was embarrassed.  She then put in writing a request to her line manager for advice on where she could self-inject and was told she could self-test and inject at her desk “as long as everyone else was OK about it”. 

Reasonable adjustments

The company treated Miss Clark’s letter as a formal grievance, but did not uphold it, and dismissed her appeal. She became distressed, and took the company to the employment tribunal on grounds of disability discrimination. She argued that her employer had:

• failed to make reasonable adjustments for her;
• harassed her; and
• directly discriminated against her. 

The tribunal awarded Miss Clark a total of £25,555 in compensation for constructive dismissal by failure to make reasonable adjustments and harassment. The sum included £8,000 for injury to feelings.

Note that the full judgment of Clark v Newsquest Media (Southern) Ltd ET/3100102/10 is not available in open access format and The People Bulletin is therefore grateful to XpertHR’s summary which can be viewed here.

[1]  www.guardian.co.uk/society/2011/jun/24/low-calorie-diet-hope-cure-diabetes

[2] http://www.diabetes.org.uk/Documents/Advocacy/Employment_Advocacy_Pack_2010.pdf