Obesity To Become a Disability Under the Equality Act 2010?

The European Court of Justice (ECJ) will hear a case later this month, and in doing so, determine if obesity should be considered a disability under the Equality Act 2010.

The Court's ruling will be binding upon all European Member States including the UK and could radically change discrimination law. Employers and employees should therefore take note!

The case is being brought to the ECJ by Karsten Kaltoft, a Danish child-minder weighing approximately twenty-five stone, who was dismissed after the local council who employed him, made the decision that he could no longer adequately perform his duties due to his size.

To date, the Courts have rejected idea that obesity alone constitutes a disability. Conveying what seems to be the general thinking on the issue, one Employment Appeals Tribunal, held that although conditions such as asthma, knee problems and depression - even if they result from the obesity itself - could constitute a disability, obesity in itself was not enough.

Should the ECJ decide in Mr Kaltoft's favour, the consequences for UK employers could be drastic, especially as employers have a duty to make reasonable adjustments to the workplace or working arrangements for disabled people.

In order to be legally classed as disabled under UK law, employees must show their condition has a substantial, long-term and adverse effect on their ability to carry out everyday tasks, and this would be no different for obese employees, should the ECJ agree with Mr Kaltoft.

With approximately 64% of adults in the UK categorised as being either overweight or obese, UK employers anxiously await the ECJ's decision, should be ready to implement the appropriate measures.

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