The European Court of Justice has this month confirmed that obesity can amount to a disability if the usual criteria for establishing a disability are satisfied.
This important decision follows the opinion earlier this year of the European Court’s Advocate General who stated that a morbidly obese person (someone with a Body Mass Index of 40 or more) can potentially be considered disabled if their obesity hinders their full and effective participation in work on an equal footing with other employees.
The European Court confirmed that discrimination on the grounds of obesity is not in itself unlawful. However, a morbidly obese individual may be considered disabled where obesity “entails a limitation which results in particular from physical, mental or psychological impairments that in interaction with various barriers may hinder the full and effective participation of that person in professional life on an equal basis with other workers, and the limitation is a long-term one”.
The European Court also stated that it is for the relevant national courts (e.g. employment tribunals) to decide whether a morbidly obese person satisfies the disability criteria.
Under UK law
As a reminder, a person is considered disabled under UK law if they have a physical or mental impairment, and the impairment has a substantial and long-term adverse effect on that person’s ability to carry out normal day-to-day activities.
Interestingly, in the UK, a case concerning obesity has just gone through the Courts. Mr Walker suffered from a “constellation of symptoms” which were accentuated by the fact that he weighed 21.5 stone. The Employment Appeal Tribunal took a similar stance to the European Court of Justice in the case mentioned above. This means that the UK courts are following the same line as Europe.
Employers should be alive to the increased risk of disability discrimination claims being brought on the grounds of obesity in the future.
If you would like to discuss the implications of this case or have an employment law query contact Siobhan Thomson on 01733 887711 or email shthomson@greenwoods.co.uk
The information contained in this article is intended to be a synopsis only. Before acting on it, you should take professional advice.
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