European courts rules against obesity discrimination
18 July 2014
The Court of Justice of the European Union (CJEU) has ruled that it is unlawful to discriminate against someone on the grounds of obesity where it has reached such a degree that it hinders participation in professional life.
Fri 18 Jul 2014The Court of Justice of the European Union (CJEU) has ruled that it is unlawful to discriminate against someone on the grounds of obesity where it has reached such a degree that it hinders participation in professional life.
The judgement relates to a Danish case, Karsten Kaltoft v Billund Kommune, which recruiter.co.uk reported last month, in which a Danish child minder was let go because his size prevented him from carrying out some of his duties, such as not being able to tie a child’s shoelaces without assistance from colleagues. He weighed 25 stone and had a Body Mass Index (BMI) of 54 when he was dismissed.
Although the opinion is not binding, such rulings from the CJEU are usually adhered to in the UK but for employers it could be the source of another headache.
With 4.5% of the UK population morbidly obese with BMI in excess of 40, if UK courts agree with the CJEU’s judgement, the effect could be profound for employers. It would trigger employers’ obligations under the Equality Act 2010, so they would need to exercise caution to ensure that they do not treat a morbidly obese employee less favourably because of their weight.
“They would also be obliged to make reasonable adjustments to the workplace to accommodate such an employee if they are placed at a substantial disadvantage because of their weight,” said Nick Elwell-Sutton, employment law partner at Clyde & Co.
“A practical difficulty, however, for employers is likely to be determining when an overweight employee tips into being morbidly obese and so having a disability. In most cases, it will be a difficult and sensitive issue to discuss with an employee, and just raising the issue of obesity with an employee could be perceived as offensive.”
Another challenge for employers will be having to adapt and reorganise workspaces to accommodate a morbidly obese employee who has mobility problems. Other related issues which could arise include whether a morbidly obese employee should have preferential access to a car parking space at work.
For those businesses that place high emphasis on certain image and appearance characteristics of their staff, such as airlines, high-end retailers and luxury hotels or even health clubs, there will be additional issues to consider. It would be unlawful to reject a job applicant or to dismiss a morbidly employee because of their weight.
The judgement relates to a Danish case, Karsten Kaltoft v Billund Kommune, which recruiter.co.uk reported last month, in which a Danish child minder was let go because his size prevented him from carrying out some of his duties, such as not being able to tie a child’s shoelaces without assistance from colleagues. He weighed 25 stone and had a Body Mass Index (BMI) of 54 when he was dismissed.
Although the opinion is not binding, such rulings from the CJEU are usually adhered to in the UK but for employers it could be the source of another headache.
With 4.5% of the UK population morbidly obese with BMI in excess of 40, if UK courts agree with the CJEU’s judgement, the effect could be profound for employers. It would trigger employers’ obligations under the Equality Act 2010, so they would need to exercise caution to ensure that they do not treat a morbidly obese employee less favourably because of their weight.
“They would also be obliged to make reasonable adjustments to the workplace to accommodate such an employee if they are placed at a substantial disadvantage because of their weight,” said Nick Elwell-Sutton, employment law partner at Clyde & Co.
“A practical difficulty, however, for employers is likely to be determining when an overweight employee tips into being morbidly obese and so having a disability. In most cases, it will be a difficult and sensitive issue to discuss with an employee, and just raising the issue of obesity with an employee could be perceived as offensive.”
Another challenge for employers will be having to adapt and reorganise workspaces to accommodate a morbidly obese employee who has mobility problems. Other related issues which could arise include whether a morbidly obese employee should have preferential access to a car parking space at work.
For those businesses that place high emphasis on certain image and appearance characteristics of their staff, such as airlines, high-end retailers and luxury hotels or even health clubs, there will be additional issues to consider. It would be unlawful to reject a job applicant or to dismiss a morbidly employee because of their weight.
