Can obesity be seen as disability issue?
Dec 7 2006
By Marian Martin, The Journal
In the wake of recent Government reports, shocking Press articles and television programmes, one cannot readily escape the huge publicity surrounding increases in the cases of obesity.
This is particularly so in the North-East, where obesity figures are reported to be the highest in England.
So what about obesity in the workplace?
Obesity is not covered under the ambit of Employment Law legislation.
However, one potential remedy for obese employees, who feel that their employer may have treated them unfairly, may be found in the Disability Discrimination Act.
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Obesity is not, on the face of it, a disability under the Act. But, if it is a symptom of some other underlying condition - for example, diabetes or thyroid problems which may result in obesity - then, in these circumstances, that underlying condition could be a disability.
Undoubtedly, there will be serious implications in the way in which employers will be able to treat staff who are overweight or obese, if they are classed as having a disability.
Firstly, it will be unlawful to discriminate in terms of job opportunities or terms of employment.
It will also be unlawful to treat such an employee less favourably if he or she takes sickness absence in relation to their disability, for example for treatment or to have surgery.
It will also mean that employers are required to make reasonable adjustments to the workplace if the disabled employee is at a substantial disadvantage.
While there are no test cases as to whether obesity would, in fact, be a disability, employers should be wary of the issues and should aim to treat all employees fairly, irrespective of the way they look.
Marian Martin is a partner in the employment unit at Newcastle law firm Ward Hadaway.
Obesity a disability?
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