According to ACAS around a quarter of
the adult population in the UK are clinically obese. The NHS believes this
figure is set to rise. Obesity is a condition which can be caused by numerous
factors, not just food or overeating. It is a debilitating condition which has
been heavily stigmatised in the UK and is associated with a host of other
diseases.
Obesity is not in itself a protected characteristic;
however employers need to approach the issue with caution as it is likely that an
employee could attempt to make out a case of disability discrimination. If an
employee has a physical or mental impairment which has a substantial adverse
effect on their ability to carry out normal day to day activities and is likely
to last more than 12 months, they may be afforded protection by the act.
The implications for employers are vast,
obese employees may have difficulty walking from their car, climbing stairs,
bending, lifting and standing for long periods of time. Associated illnesses
such as diabetes, back pain, depression and joint difficulties may mean
significant reasonable adjustments are required in the work place.
The tribunals have stated that the test
for disability is not about how it is caused, but whether there is impairment
which is suffered. The Employment Appeal Tribunal refused to go so far as to
say that obesity is in itself a disability, but did state that obesity may make
it more likely that a person qualifies as ‘disabled’ due to the associated
health problems they suffer.
So what does this mean? Just because an
employee is obese will not give them protection under the Equality Act against
discrimination, however, an obese employee who suffers severe back pain due to
their obesity may have protection even though their back pain was caused by
their obesity.
Clear as mud?
Employers should bear in mind whether an
employee genuinely suffers from a physical or mental impairment and refrain
from focussing on the cause of the impairment, instead concentrating on its
effect.
Consider how long your employee had
suffered and whether it is likely to be long term.
If this is the case, be risk averse and
consider any reasonable adjustments which can be offered to your employee. Be
cautious when taking disciplinary action and ensure all policies and procedures
are up to date
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