Obesity in the Workplace: Legislate or Discriminate?

Following comments by Employment Judge Philip Rostant this week there has been a debate surrounding whether legislation is required to prevent discrimination in the workplace against those who are considered to be a 'non normal' size.

Elissa Thursfield was interviewed on BBC Radio Wales this morning to discuss the issue. She noted that whilst proving discrimination is extremely difficult and in reality there will be occasions when it happens, legislating is not the answer.

There is always public controversy when dealing with this issue, partly due to the perception (rightly or wrongly) that the Equality Act should not extend to a person who has a 'lifestyle choice' which puts them at a disadvantage.

Legislating against something isn't necessarily likely to have the desired effect in these circumstances, in fact it is more likely to be counterproductive, feeding resentment within the workforce and produce 'low risk' workforce recruiting practices.

Where should the line be drawn? Waist circumference? BMI? Weight? Whether someone's size affects their health? Common sense dictates it is the latter, which is already covered by disability legislation. Employees should be incentivised to be healthy, legislating on the grounds of a person's size could produce scenarios where people on the cusp of discrimination protection actually gain weight to reap 'reasonable adjustments' such as larger more comfortable working areas, parking spaces, more breaks and other benefits not afforded to employees of a healthy size.

Bullying is wrong. No one should be subjected to any form of detrimental treatment simply because of the way they look. Legislation is not however the answer on this front, employer's attitudes, disciplinary processes and management of employee relations should be utilised to protect employees. A bully is bad for a workplace's productivity, moral and staff retention and that is where the real problem lies.