Is Obesity a Disability?

Is Obesity a Disability?

In 2010, a Danish Child-minder with a BMI of 54 and weight of 25 stone was dismissed from his position in local government.  It was deemed that he was unable to fulfil his duties adequately after reportedly being unable to bend down to tie shoelaces.  The Claimant, Mr Kaltoft put forward a case for unfair dismissal on account that he had been discriminated against due to his weight.

In early July 2014 the Danish courts asked the European Court of Justice (ECJ) to clarify if obesity could, in fact, be considered as a disability. The ruling has not been decided but it seems likely that extreme, severe or morbid obesity (BMI of 40 or over) could soon fall under the umbrella of disability.

How will this effect UK firms?

UK law does not currently recognise obesity as a disability but this may soon change depending on the outcome of the ECJ ruling. The cause of a disability is irrelevant; it does not matter whether can be held responsible for their obesity. Therefore under the Equality Act 2010, UK firms would be required to make reasonable adjustments for morbidly disabled workers if their obesity affects their ability to work at full capacity. Businesses may need to look at ways of supporting their obese employees, for example having parking spaced near to office entrances, providing special desks or reducing the need to walk or travel in job roles.

What can Employers do to prevent, support and manage obesity currently?

According to statistics 25% of UK adults are obese, obesity is associated with greater health risks and research suggests that it can result in more frequent short and long term absences from work. Therefore it is in our interest to manage and support our staff regardless of potential changes to EU Law.

Having a good ethos towards healthy eating and wellbeing in a company’s culture is positive to instil in all colleagues regardless of weight.  Simple wellbeing initiatives can be extended to all employees and can help to create a supporting environment throughout the company.  Here are some simple and un-costly ideas to encourage a healthier workforce:

1) Encourage employees to take a walk at lunch time

2) Encourage workers to take the time to eat properly

3) Prevent buying sugary treats for employees like Cakes and Sweets

4) Have a ‘Healthy tip of the week’ on boards in communal areas, for example healthy lunch recipes or easy exercise tips.

5) If there are a group of employees willing: make a group weight loss challenge. Participants could state their weight loss goals and encourage each other to collectively meet them.

TAMAR HR VIEWPOINT

Although this is not yet UK Law we would encourage employers to be proactive towards employees with high BMI to ensure reasonable adjustments are made to help them in their ability to complete a job but also to create a healthy culture and encourage all employees to take time to look after themselves.