Type 2 diabetes at work: the law in the UK
About 6 million people in the UK have diabetes, and most of them are of working age. So if you employ people, it's very likely that some of your staff have it, whether they've told you or not.
Most employers want to do the right thing. The problem is that the law is spread across several different rules, and nobody hands you a single page that explains it. So here it is, in plain English.
1. It can count as a disability
Under the Equality Act 2010, someone is disabled if they have a condition that has a substantial, long-term effect on their normal day-to-day life. Type 2 diabetes often meets that test.
The important bit is this. When deciding, the law looks at what the condition would be like without treatment. So someone whose diabetes is well controlled with tablets or insulin can still be disabled in law. If it's managed by diet alone, it's less clear, and tribunals have decided it both ways.
The safe approach is to treat it as a disability unless you've been properly advised otherwise. I've written a fuller answer in Is Type 2 diabetes a disability?
2. You must make reasonable adjustments
Once you know, or could reasonably be expected to know, that someone has diabetes, you have a duty to make reasonable adjustments. These are changes that stop them being at a disadvantage at work.
Most cost nothing: time to eat at regular times, somewhere private to test or inject, a place to keep medication, flexibility for clinic appointments. You'll find real examples in Reasonable adjustments for diabetes.
In practice, the first conversation usually falls to the line manager, and most line managers have never been told what to say. That's where it tends to go wrong. Nothing gets written down, and if it's ever questioned there's no paper trail to show what was agreed.
3. Be careful with sickness absence
This is where a lot of employers get caught out. If someone's absences are linked to their diabetes, treating them in the same way as any other sickness can count as discrimination. That includes absence scoring systems like the Bradford Factor, which punish short, frequent absences.
The usual fix is to record diabetes-related absence separately and agree in writing how it will be handled.
4. You must assess the risks
Health and safety law already requires you to assess risks at work. For someone with diabetes, that means thinking about things like hypos (when blood sugar drops too low), lone working, shift work, heights, machinery and driving. There's a guide and template in Diabetes risk assessment for work, and a separate post on night shifts and diabetes.
If someone drives for work, check the DVLA rules too. They're stricter for people on insulin and for anyone driving lorries or buses.
If you have occupational health (OH), involve them. Plenty of smaller firms don't, and that's fine, but it means the risk assessment falls to you.
5. Keep health information private
Health details are "special category" data under UK GDPR. Only the people who need to know should know, it should be stored securely, and you should be clear with the employee about who will see it.
6. Don't ask about health before a job offer
In most cases, you can't ask job applicants about their health before you offer them the job. There are a few exceptions, such as checking whether they need adjustments for the interview.
Your EAP won't cover this
If you have an Employee Assistance Programme, it's there to support the employee. It won't give you, the employer, the forms, the process or the paper trail. You need both.
What happens if you get it wrong
The employee can bring a claim at an employment tribunal. There's no upper limit on compensation for disability discrimination, and the cost of defending a claim, in time and money, is often far more than the cost of getting it right at the start. More on this in Diabetes discrimination at work.
The good news is that the fix is mostly paperwork and a sensible conversation. That's something most employers can manage with the right forms in front of them.
Where to start
If someone has just told you they have diabetes, my free 7-day plan takes you through the first week, one step a day. It includes a health disclosure form, an adjustment agreement, an emergency poster and a one-page guide for managers.
If you want everything for your whole organisation, the Diabetes at Work Kit has 42 documents you can edit and put your logo on. And if you'd rather I did it for you, WhatsApp me on 07817 126 276.
If an employee is worried about telling you in the first place, you might want to share this with them: Do I have to tell my employer I have diabetes?
This is general information, not legal advice. For a specific case, speak to an employment lawyer or Acas.
Get the free 7-day plan
For managers and HR. It walks you through the first week after someone tells you they have diabetes, with the forms you need, ready to print.
Send me the free plan
Want your whole organisation covered? See the Diabetes at Work Kit: 42 documents, £495.
Questions people ask
What are an employer's responsibilities when a member of staff has diabetes?
In short: treat it as a possible disability, make reasonable adjustments, think carefully before counting diabetes-related absence, do a risk assessment, and keep their health information private. Write down what you agree so there's a record.
Do we need a diabetes policy?
The law doesn't require a separate diabetes policy. But your absence, health and safety and flexible working policies should all work for someone with diabetes, and a short written process for when someone tells you makes life much easier for line managers.
Can an employer ask if someone has diabetes?
Not usually before a job offer, apart from a few exceptions such as asking about adjustments for the interview. Once someone works for you, you can ask about their health where there's a good reason, but the information must be kept private and only shared with people who need it.
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.