In Wheeldon v Marstons plc, an employment tribunal initially had to decide whether a chef’s medical condition, a nut allergy rendering him vulnerable to an allergic reaction to nuts, or traces of nuts, is a disability under the Equality Act 2010. The medical evidence showed, among other things that: (i) Wheeldon’s blood-test results confirmed a nut allergy; (ii) an allergic reaction can be life threatening and he has to “rule his life” by this risk, including observing a number of nut avoidance measures; and (iii) he carries adrenaline injectors at all times for immediate use when he comes into contact with nuts. The tribunal found that the allergy amounted to an impairment, and that the effect on his ability to carry out normal day-to-day activities was long-term and substantial (i.e. more than minor or trivial) since he had been admitted to hospital on seven occasions for suspected anaphylactic shock, his allergic reaction could be life threatening and he had to adapt his life accordingly. Therefore, Wheeldon does have a disability under the Equality Act 2010 and his discrimination claim could proceed.
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