Member Article

A weighty issue for North West employers

January is a time when losing weight is high on the agenda. But obesity is on the radar for a different reason following a ruling by the European Court of Justice, which could impact on North West employers.

Pearson Solicitors, which has offices in Oldham, Hollinwood and Ashton, is urging caution when dealing with seriously overweight staff in the workplace following the ruling, which stated that obesity could be classed as a disability.

The case centred round a male child-minder in Denmark, weighing around 25 stone, who said he was sacked for being too fat. Judges ruled that ‘obesity in itself is not a disability, but if a person had a long-term impairment because of their obesity, then they would be protected by disability legislation’ and that if the obesity of the worker ‘hinders the full and effective participation of that person in professional life on an equal basis with other workers’, then obesity could be deemed to be a disability.

As a result of the ruling, employers must make reasonable adjustments to their workplace on a case-by-case basis, such as providing larger chairs, special car parking and measures to protect employees from verbal harassment.

Last year, a report by Public Health England revealed that 66 per cent of North West residents aged 16 and over were classed as overweight, with 24 per cent registered as obese. Pearson Solicitors is now warning local businesses to be aware of how this ruling could affect them.

Susan Mayall, head of employment at Pearson, commented: “Employers need to understand the effect this could have on their treatment of employees who are classed as obese, particularly if they are suffering from a long-term impairment or condition as a result.

“This ruling means that businesses may need to make reasonable adjustments to working and seating arrangements, or make access to the office easier.

“In addition, workers who suffer from the effects of obesity, such as joint problems, depression or diabetes, will be protected by the European Equal Treatment Framework Directive.”

This was posted in Bdaily's Members' News section by Ryan Gibson .