Diabetes discrimination at work: what counts and how to avoid it
Most diabetes discrimination at work isn't deliberate. It usually comes from a manager who didn't know what to do, a policy nobody thought through, or a comment that was meant as a joke. But the law doesn't care much whether you meant it. What matters is what happened.
If an employee's diabetes counts as a disability under the Equality Act 2010, and it often does, they're protected. Here's what that means in practice, with examples you'll recognise.
The types of discrimination
Direct discrimination. Treating someone worse because of their diabetes. For example, passing someone over for promotion because "diabetics take more time off", or withdrawing a job offer after finding out.
Discrimination arising from disability. Treating someone badly because of something linked to their diabetes. Giving a warning for absences caused by diabetes, or disciplining someone for being confused and short-tempered during a hypo, are common examples. This can sometimes be justified, but only if you can show it was a fair and balanced way to achieve a genuine business need.
Indirect discrimination. A rule that applies to everyone but puts people with diabetes at a disadvantage. A strict "no food on the shop floor" rule is a classic example if it stops someone treating a hypo.
Failure to make reasonable adjustments. Not making changes that would remove a disadvantage, like regular breaks or a private place to test. This is one of the most common claims. See Reasonable adjustments for diabetes for real examples.
Harassment. Unwanted behaviour that makes someone feel intimidated or humiliated. Jokes about sugar, comments like "you did this to yourself" or mocking someone for injecting all count.
Victimisation. Treating someone badly because they complained about discrimination, or helped someone else who did.
There's also recruitment. In most cases you can't ask about health before offering someone a job.
What a claim looks like
An employee who thinks they've been discriminated against can bring a claim at an employment tribunal. Before they do, they usually have to contact Acas for early conciliation, which gives both sides a chance to settle. The time limit is usually three months less one day from the thing they're complaining about.
If they win, there's no upper limit on compensation. As well as lost earnings, tribunals can award money for injury to feelings. And even if you win, defending a claim costs time, money and management attention you'd rather spend elsewhere.
How to avoid it
- Have a clear process for when someone tells you they have diabetes, so line managers don't make it up as they go along.
- Train your managers. Most problems start with a manager who didn't know what to say or do.
- Write down adjustments and review them. A paper trail protects everyone.
- Record diabetes-related absence separately and think before applying absence triggers like the Bradford Factor.
- Think before disciplining for anything that might be linked to someone's diabetes, including behaviour during a hypo.
- Deal with jokes and comments quickly. Don't let "banter" slide.
- Handle complaints properly and make sure nobody is punished for raising one.
If a complaint has already been made
Take it seriously and act quickly. Meet the employee, listen, and investigate properly. Look at whether any adjustments were missed and whether you can put things right now. Keep notes of everything. For anything that could end up at a tribunal, get legal advice early.
Get it right from the start
Whether diabetes counts as a disability is covered in Is Type 2 diabetes a disability?, and the full picture of what the law expects is in Type 2 diabetes at work: the law in the UK.
The Diabetes at Work Kit gives you the policies, forms and manager guides to get this right across your whole organisation. If you'd rather I sorted it for you, including meeting your staff one-to-one and doing the paperwork, WhatsApp me on 07817 126 276.
This is general information, not legal advice. For a specific case, speak to an employment lawyer or Acas.
The Diabetes at Work Kit
42 documents you can edit and put your logo on: policies, procedures, forms and guides for managers, colleagues and first aiders. One-off payment of £495.
Rather I did it for you? WhatsApp me on 07817 126 276.
Questions people ask
Can you be dismissed for having diabetes?
Not because of the diabetes itself. If it counts as a disability, dismissing someone because of it, or because of something linked to it like diabetes-related absence, is likely to be discrimination unless the employer can properly justify it.
Is it discrimination to count diabetes absence towards sickness triggers?
It can be. If absence is caused by diabetes and it's counted in the same way as other sickness, that may be discrimination arising from disability or a failure to make reasonable adjustments. Many employers record diabetes-related absence separately.
What is the time limit for a disability discrimination claim?
Usually three months less one day from the act being complained about, and the employee normally has to contact Acas for early conciliation first.
Keep reading
Auriel isn't a doctor or a lawyer. This is general information from her own experience and UK guidance. Always follow your GP and diabetes team.