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.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Judgment highlights difficulties for companies in developing food products with benefits.
Proposed cap could affect the way contractors cost bids and approach recruitment.