Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Reasonable adjustmentsCase lawDisability discrimination

Severely obese staff may gain disability rights

by Noel O'Reilly 18 Jul 2014
by Noel O'Reilly 18 Jul 2014 Stock photo: REX/Jeff Blackler
Stock photo: REX/Jeff Blackler

Morbid obesity could be considered a disability under EU law, a top European legal official stated this week.

The Advocate General of the European Court of Justice (ECJ) stated that, while EU law does not generally ban discrimination on the ground of obesity, morbid obesity may come within the meaning of “disability” under EU law.

The Advocate General’s opinion on the case of FOA, acting on behalf of Karsten Kaltoft v Billund is not binding. However, the ECJ is due to rule on the case and – if the full court agrees – UK firms could be required to make reasonable adjustments for morbidly disabled workers under the Equality Act 2010.

The case concerned the dismissal of a Danish childminder with a body mass index (BMI) of 54, who claimed unlawful discrimination because of his weight. The Danish court asked the ECJ to clarify whether or not obesity is a disability under the EU Equal Treatment Framework Directive and, if so, how it could be determined.

XpertHR obesity and disability resources

Podcast: Obesity and disability discrimination

Employment law manual: Disability discrimination

The Advocate General’s opinion was that only extreme, severe or morbid obesity (ie a BMI of more than 40) amounts to a “disability”. However, the cause of the obesity is irrelevant, so discrimination protection would not depend on whether or not an individual is responsible for their obesity.

Elizabeth Slattery, head of employment at Hogan Lovells, said: “Although the opinion is not binding on the European Court, it is more often than not followed in the final hearing. And this opinion is in line with the European Court’s broad view of the meaning of disability – concentrating on the effect of the disability on the employee’s ability to work at full capacity.

“By contrast, UK law has a specific definition of disability which looks at the effect of a physical or mental impairment on ‘normal day-to-day activities’.”

She added that in last year’s case, Walker v SITA Information Networking Computing, the Employment Appeal Tribunal held that an obese claimant, who suffered from a number of physical and mental conditions, was disabled but made it clear that obesity is not in itself an impairment for disability discrimination purposes. “Depending on the outcome of the Kaltoft case, that position could now be in doubt,” she said.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Glenn Hayes, an employment law partner at Irwin Mitchell, said: “If being obese means that an individual cannot perform the essential duties of their role and this condition is likely to be long term – which in the UK means at least 12 months – then the duty to make ‘reasonable adjustments’ probably kicks in, even if there is no underlying cause or illness. It is the effect of the obesity not its cause that is the key focus for the tribunals.

“This could mean that employers find themselves under a legal obligation to make adjustments, such as providing parking spaces close to the workplace entrance for obese employees, special desks, duties which involve reduced walking or travelling, or possibly even ensuring that healthy meal options are provided at their staff canteen.”

Noel O'Reilly

I am a writer, journalist, novelist, Follow me on Twitter @noeloreilly

previous post
Workplace alcohol risk assessments curb excessive drinking
next post
Network Rail faces huge equal pay claim

1 comment

Mike Sonus 23 Jul 2014 - 4:45 pm

I would love to see this enshrined in law because then those unfortunate enough to find themselves morbidly obese might qualify for the Paralympics. I, for one, would thoroughly enjoy the spectacle of the fatties running.

Comments are closed.

You may also like

Consultation launched after Supreme Court ‘sex’ ruling

20 May 2025

Union rep teacher awarded £370k for unfair dismissal

15 May 2025

EHRC bows to pressure and extends gender consultation

15 May 2025

NHS worker awarded £29k after Darth Vader comparison

8 May 2025

‘Unacceptable to question integrity’ of Supreme Court judgment

2 May 2025

Connect to Work: how businesses can play their...

2 May 2025

Trans ex-judge to appeal Supreme Court biological sex...

29 Apr 2025

EHRC: Interim update on single-sex spaces draws criticism

28 Apr 2025

Opposition to Supreme Court sex ruling is ‘wishful...

22 Apr 2025

Supreme Court transgender ruling: ‘common sense’ or ‘incredibly...

17 Apr 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+