Employers will need to review circumstances for obese employees whose weight is causing them problems in the workplace, following a landmark ruling by the European Court of Justice.
The Court has ruled that if the obesity of a worker "hinders the full and effective participation of that person in professional life on an equal basis with other workers", then obesity can fall within the concept of "disability". The decision is binding across the European Union and creates a precedent that is likely to have a major impact on employment rights in the UK.
Although the judgement stops short of declaring obesity to be a protected characteristic against which all discrimination is prohibited, it means that employers, retailers and venues open to the public will have to review the way they treat overweight staff and customers. In the UK, obesity levels have doubled in the past decade and statistics* show that around one in four people are overweight.
Said employment law expert Sally Dean of Ward Gethin Archer Solicitors: "Employers will have a duty to take 'reasonable' steps to accommodate any obese employee, visitor or customer. That could mean a bigger desk, larger chair or offering a parking space close to the office.
"And it's not just employers, as anywhere that's open to the public, such as retail outlets, restaurants and sporting venues, will have to make reasonable adjustments for their customers. However, it is about a reasonable response, so it's very unlikely that a corner shop will be expected to make the same sort of investment as a major high street retailer, for example."
The case of Kaltoft v Municipality of Billund involved a Danish childminder who claimed that his employer had ended his contract of employment because of his weight, and that this amounted to unlawful discrimination. Mr Kaltoft was 5 feet 7 inches and weighed over 25 stone, with a BMI of 54, which is extreme or morbid obesity under the World Health Organisation classification.
The Danish court referred the case to the European Court of Justice (ECJ), asking whether obesity amounts to a form of disability under the Equal Treatment in Employment Directive. Following the ruling, the Danish courts will now have to review the case to decide whether Mr Kaltoft's weight has given rise to factors that can be classed as a disability.
Sally added: "Employers need to be careful they don't suggest that an overweight employee has only themselves to blame. This ruling places obesity in the same position as other forms of risk taking such as ski-ing or horse riding. We don't refuse special treatment to someone who is unable to walk following a horse riding accident, and now we can't refuse special treatment to someone who cannot fully participate in their work life because of their weight.
"As well as dealing with the problems that obesity may give rise to, all employers should make sure they encourage healthy lifestyles at work."
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*Reference: http://www.hscic.gov.uk/
There was a marked increase in the proportion of adults that were obese between 1993 and 2012 from 13.2 per cent to 24.4 per cent among men and from 16.4 per cent to 25.1 per cent among women. Health & Social Care.
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