An employer could not reasonably have been expected to know, without being told by a job applicant suffering from photosensitive epilepsy, that the fluorescent lighting in the room in which she was interviewed might disadvantage her, holds the EAT in Ridout v T C Group.
In Morse v Wiltshire County Council, the EAT holds that an industrial tribunal must go through a number of sequential steps when dealing with an employer's alleged failure to comply with a duty to make reasonable adjustments in relation to the disabled person concerned.
In Poulton v Walton [1998] ET/1805515/97, the employment tribunal found that an employee with diabetes controlled by diet was disabled. Diet was a 'measure' taken to treat the diabetes so the effect of following the diet had to be ignored in considering whether he was disabled. He was not discriminated against in respect of his disability since the dismissal was not for a reason related to his disability.