18/12/14 - Can obesity be a disability?

Whilst Christmas is often seen as a time of excess and an opportunity to eat more than we really need, particularly in Scotland where there is already an obesity problem, there is now an important decision by the European Court of Justice (ECJ) that obesity can, in some cases, be a disability

Although obesity by itself does not fall within the category of Protected Characteristics within the Equality Act 2010 or the Equal Treatment Framework (from which the Equality Act is based), it may do so if the obesity hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers.

Because of that you will need to be acutely aware when dealing with obese employees.  You will be aware of the normal protection against direct and indirect discrimination because of disability and also discrimination arising from disability. In addition, you may be under a duty to make reasonable adjustments to an individual’s work or working arrangements in order to counter the effects of disability.

What this decision means is that it may not be necessary for an obese employee to point to some other related medical condition (such as diabetes or arthritis) before they can be categorised as a disabled person. For example, if the obesity causes a significant reduction in mobility, that may get them over the line in establishing a disability.

If you have any employees who are having difficulties at work due to their obesity, then please contact Graham Millar to discuss how best to deal with the issue.

Maybe New Year is the perfect time to look at your Healthy Working Lives policy!

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For More Information Contact:
Graham Millar
Mobile: 07841920102
Direct Dial: 0141 530 2023
Email:gmillar@gilsongray.co.uk

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The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.