Winckworth Sherwood

UK 200 2014 position: 81

Does EU law protect ‘obese workers’ from discrimination?

Obesity is estimated to affect around one in four UK adults and rising. The EU advocate-general’s recent non-binding opinion may give rise to significant implications for employers.

In the Danish case of Kaltoft v Municipality of Billund, Mr Kaltoft worked as a childminder and was dismissed after 15 years of service. He had a BMI of 54 and therefore was considered to be severely obese according to the World Health Organization rankings. Mr Kaltoft claimed that he had been dismissed because of his obesity and this amounted to unlawful discrimination.  

The Danish Court referred two key questions to the European Court of Justice…

Click on the link below to read the rest of the Winckworth Sherwood briefing.

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