Obesity may be a disability

A recent case from the European Court of Justice has confirmed the legal position in relation to discrimination and employees who are obese.
Firstly, there is no such thing as “obesity discrimination” – in other words, obesity is not a protected characteristic and employees are not entitled to protection from discrimination on the basis of obesity alone.
However, depending on the facts of each particular case, in some circumstances obesity may amount to a disability and, when it does, the employee in question is entitled to protection from disability discrimination. Obesity will only amount to a disability if it causes a long term physical, mental or psychological impairment that hinders the employee’s full participation in their professional life. It would be the effects of the obesity that could amount to a disability, and whether the employee has contributed to their condition (i.e. their obesity) is irrelevant to whether it is considered to be a disability.
What this means for employers in practice is that the requirement not to discriminate on the grounds of disability and the duty to consider reasonable adjustments for disabled employees may also extend to those whose disability is due to their obesity. This would mean that refusing to offer someone a job, overlooking them for promotion or dismissing them on the basis of their obesity would be illegal if, in the case of that particular individual, their obesity amounted to a disability. Similarly, employers may have to consider workplace adaptations to accommodate larger employees, such as widening doorways or providing reinforced furniture, although this duty would only apply once the employer is actually aware that an employee is suffering from a disability.
However, employers should also be careful that they do not make generalised assumptions about larger employees and assume that they are disabled. Instead, employees should be encouraged to raise any concerns themselves (in relation to any form of disability, not just obesity-related disability) with their employer, so that the employer can consider any suitable adjustments that can be made to accommodate the employee.
As with any form of discrimination on the basis of any protected characteristic, employers should take their responsibilities seriously – getting it wrong could lead to an employment tribunal claim for disability discrimination. If in doubt as to what those responsibilities are – ask us first!
For advice or assistance on any employment law related matter, please contact Lianne Payne, Head of Employment at Askews Legal LLP (Email: Lianne@askewslegal.co). Click Here to enquire or call us on 02476 231000. Confidential Quick service assured.

Askews Legal LLP -Coventry Solicitors.