Employment law 2013 review: disability discrimination
Does the fact that a person is obese mean they are, or could be, ‘disabled’ for the purposes of the Equality Act 2010? If their obesity affects their ability to carry out normal day-to-day activities, should they be protected from discrimination because they are overweight?
Earlier this year, the Employment Appeal Tribunal (EAT) considered this issue in the case of Walker v Sita Information Networking Computing Ltd. The EAT held that although obesity alone cannot amount to an ‘impairment’ that renders a person disabled, the fact that a person is obese might make it more likely that they do have an impairment (for example heart problems or diabetes) or could affect the ‘long-term’ nature of their impairment. The key, as ever, is the consequence, not the cause of the condition.
But an area to watch: in June, the Danish courts referred the question of whether discrimination on the grounds of obesity is contrary to EU law and whether obesity can be deemed to be a handicap covered by the relevant Council Directive (Kaltoft)…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co briefing. If not, please register or sign in with your details below.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Dispute resolution in the UAE: what are the options? Part three — enforcing an arbitration award in the UAE
Different regimes apply in the UAE for enforcing international awards and local awards (i.e. awards made within the UAE).
Employers with recognised trade unions are seeing more pressure coming their way in relation, on the one hand, to job security and on the other to improved terms and conditions.