1 week ago
Disability and fatness
Fatness as a disability has been examined in the Appeal Tribunal this week. Please note the date, it is NOT April 1st.
In this case, the employee was considered by any reasonable standard as being obese. The gentleman in question suffered from a number of conditions, including being obese.
In the original Tribunal the judge concluded that he could not identify the cause of the employees ailments and therefore did not find in the employees favour.
On appeal, the judge was ruled wrong. He had wrongly focussed on the cause of ailment instead of the effect on the employee of those ailments.
Because it was his condition that caused his obesity, then the employee was protected under the Disability Discrimination Act/Equality Act.
This does not mean any employee who is “well nourished” gains protection because they are disabled, far from it. It simply means that if the effect of an illness is that the employee is obese, and the obesity hinders the employee in day to day activity, then they may be protected.
The case can be read at the following link:
Learn about all of this year’s changes to employment law at Sherbornes comprehensive Seminar. Visit www.sherbornesllp.co.uk/seminar.html