Member Article

Obese employee case a weighty issue for top court

Employers may need to review the way they deal with obese employees who fail to fulfil their roles due to weight issues.

Europe’s top court is currently considering an important test case which could lead to a significant change in how obesity is viewed for the purposes of discrimination law, says employment solicitor Amber Bate.

The case is focused on a claim against dismissal by a Danish childminder who was dismissed for being unable to carry out essential tasks such as tying children’s shoelaces.

The childminder bringing the claim, Karsten Kaltoft, who weighed more than 25st at the time and had a BMI of 54, challenged the fairness of his dismissal alleging he had been discriminated against due to his size.

Miss Bate, a solicitor with award-winning law firm FBC Manby Bowdler, said employers should already be careful to consider any particular difficulties which may limit the capabilities of obese employees.

“Although obesity is not currently classified as a disability in itself, associated medical conditions may already attract protection under The Equality Act 2010 requiring adjustments to be made to an employee’s role.

“The UK’s Attorney General recently went a step further, saying in his view, there will be circumstances where obesity may be so severe as to amount to a disability in it’s own right. He suggested that individuals who are morbidly obese could be considered disabled for the purposes of discrimination law, if the obesity has a severe impact on their ability to work, for instance due to reduced mobility.

“The guidance is certainly food for thought for employers as if the decision of the European case, which is expected to come out in the next few months, was to support this view then it will have a significant impact on employers in the UK.

“Employers would need to think carefully about the potential impact of their practices or procedures upon those with weight issues and be prepared to change working arrangements if necessary, from adapting seating and parking access, to ensuring that employees as well as candidates are not treated unfavourably due to their weight.

“On a more practical level, employers will be faced with the unenviable task of how to address such concerns sensitively without causing offence.

“Clearly obesity continues to be a growing problem and the potential implications of the upcoming decision from Europe must not be underestimated by employers. We will certainly be watching the outcome of the Danish case with interest and will be advising our clients accordingly.”.

This was posted in Bdaily's Members' News section by FBC Manby Bowdler .