Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Register
Log in
Personnel Today
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today

Equality, diversity and inclusionWellbeingOccupational Health

The growing problem of fattism at work

by Personnel Today 25 Oct 2005
by Personnel Today 25 Oct 2005

‘Employers can fairly dismiss people just because they are fat.’ True or false? In the vast majority of cases, the answer is false. And it’s not just unfair dismissal rights employers have to be wary of when dealing with overweight employees.

Obesity is a growing problem for society, and particularly for employers. According to the National Audit Office, one in five UK adults is dangerously overweight, costing the NHS 500m per year and the economy as a whole more than £2bn.

Although we have no specific protection against ‘fattism’ as we do against other forms of workplace discrimination, such as racism or sexism, obese employees could rely on various existing employment rights to claim protection against unfair treatment at work related to their size.
Employers cannot simply dismiss people because of their size, but must prove that it has an impact on the business. Dismissal because of a person’s weight must fall within one of the potentially fair reasons in the Employment Rights Act 1996: conduct, capability, redundancy, breach of statutory duty or “some other substantial reason”.

Capability is the most obvious reason where an individual’s obesity affects their ability to work. For example, a flight attendant who is too fat to walk along the aisles of an aeroplane may be incapable of performing their job.

The other fair reasons would be harder for employers to rely on, although health and safety will be relevant in some cases.

Obesity as a matter of misconduct would, in practice, only apply to a tiny percentage of workers – for example, in the performing arts or modelling. Some other substantial reason might seem a possibility, but remember that the reason cited must not be “whimsical, unworthy or trivial”. Dismissing someone just for being fat could well be an “unworthy” reason.

If an individual’s obesity hinders their ability to perform their job, they may have a claim under the Disability Discrimination Act 1995 (DDA), which, if successful, could result in costly uncapped compensation for financial loss and an award for injury to feelings.

The DDA defines disability extremely widely as “a physical or mental impairment which has a substantial and long-term adverse effect on an individual’s ability to carry out normal day-to-day activities”. While some conditions, such as alcoholism and voyeurism, are specifically excluded from protection, obesity is not, so it could fall within the definition.

In any event, obesity can be caused by or lead to a number of conditions such as depression, diabetes or arthritis, which may themselves attract protection under the DDA.

The DDA gives disabled employees enhanced protection against dismissal, so you must make reasonable adjustments to working conditions to enable disabled staff to remain at work.

So far there have been no reported cases deciding whether obesity itself is a disability, but it is only a matter of time before one arises.
In practice, employment tribunals are unlikely to have to decide this issue very often because an obese person may well have another condition entitling them to protection under the DDA, and an individual can also rely on a combination of less serious conditions to show they are disabled.

Finally, you should also be aware of your duty to maintain the trust and confidence of employees. Research shows that overweight people are less likely to be given a job and, once in a job, are frequently passed over for promotion or bullied. This seems to be based on stereotyping – fat equals lazy and weak. If an employer has no objective reason for treating an overweight person in this way, this could destroy trust and confidence, entitling the employee to resign and claim constructive dismissal.

Jonathan Chamberlain is partner at Wragge & Co

How HR can tackle fattism

– Make managers aware that obese employees may be protected by the Disability Discrimination Act

– Ensure that managers are vigilant for any teasing or banter about an employee’s size

– Seek medical advice if an employee’s weight begins to affect their work

– Provide support via employee helplines

– Be proactive about encouraging healthy lifestyles

Legally covered

Recent online legal content

– Work and Families Bill to give full-timers 28 days’ paid holiday www.personneltoday.com/32162.article

– Existing civil servants to keep option of retiring at 60 www.personneltoday.com/32163.article

To subscribe to employment law e-mail alerts from Personneltoday.com, go to www.personneltoday.com/31535.article

One-Stop Guide to Managing Pregnancy at Work: Everything you need to know about managing pregnancy in the workplace
www.personneltoday.com/resources

This month

– What steps can you take to control pensions costs and reduce the volatility of defined benefit pension schemes without breaking the law?

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.

– Can employers dismiss staff if their genuine mistake has disastrous consequences for the company?

Employers’ Law is a practical, jargon-free monthly magazine dedicated to keeping you on top of employment issues. Subscribe now and save 20%. Go to www.personneltoday.com/StaticPages/EmployersLawMagazine.htm or call 01444 445566.


Personnel Today

Personnel Today articles are written by an expert team of award-winning journalists who have been covering HR and L&D for many years. Some of our content is attributed to "Personnel Today" for a number of reasons, including: when numerous authors are associated with writing or editing a piece; or when the author is unknown (particularly for older articles).

previous post
Warnings that 24-hour opening may lead to hearing problems for bar staff
next post
Survey proves fitter employees lead to healthier balance sheets

You may also like

It’s no secret – parity in the workplace...

10 Jul 2025

‘Frustrating’ that NHS Plan has overlooked OH, warns...

8 Jul 2025

Four in 10 call centre workers to quit...

8 Jul 2025

Third in north west fear ill health will...

2 Jul 2025

One in eight senior NHS managers from black...

1 Jul 2025

Welfare cuts would ‘undermine workforce inclusion and business...

27 Jun 2025

Progressive DEI policy is a red line for...

27 Jun 2025

Supporting employees through substance abuse

24 Jun 2025

BBC Breakfast bullying and misconduct allegations under investigation

20 Jun 2025

Finance professionals expect less emphasis on ESG and...

18 Jun 2025

  • Empower and engage for the future: A revolution in talent development (webinar) WEBINAR | As organisations strive...Read more
  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...Read more

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
  • OHW+
  • Resources
    • Clinical governance
    • Disability
    • Ergonomics
    • Health surveillance
    • OH employment law
    • OH service delivery
    • Research
    • Return to work and rehabilitation
    • Sickness absence management
    • Wellbeing and health promotion
  • Conditions
    • Mental health
    • Musculoskeletal disorders
    • Blood pressure
    • Cancer
    • Cardiac
    • Dementia
    • Diabetes
    • Respiratory
    • Stroke
  • CPD
  • Webinars
  • Jobs
  • Personnel Today