Fat is a sensitive issue... especially in the work place

The case of the Danish child minder is interesting because of its emotive content and the fact that the decision is one of the Court of Justice of the European Union (CJEU).  As we are moving towards the UK referendum on the membership of the EU in June 2016, the significance of EU judgments on English law is of interest to many.

Mr Kaltoft was a Danish child minder. He was overweight. He was fired from his job and claimed that he had been discriminated against because of his weight. The CJEU held that a person's obesity was capable of being classified as a disability if it 'entails a limitation which results in particular from physical, mental or psychological impairments that in interaction with various barriers may hinder the full and effective participation of that person in professional life on an equal basis with other workers.'

The interesting twist to this case is that Mr Kaltoft did not consider himself to be disabled and has always asserted that he was more than capable of doing his job.

In another case, an overweight worker who was subjected to taunts about his weight from colleagues resigned. He claimed that he had been a victim of unlawful harassment. The Employment Tribunal held that he was 'disabled' because of his 'morbid obesity condition'.

These cases highlight the important to the employer of ensuring that employees work in an environment where they are not subjected to unacceptable comments from colleagues. Employers may have to assume that any obese employee may have an 'impairment' and reasonable adjustments may have to be made for any employee who raises the matter.

When did you last review your policies on equal opportunities and harassment?

To discuss this or any other employment related issue, contact us.