The European Court of Justice in FOA (Kaltoft) v Billund held that obesity can be a disability although discrimination on the grounds of obesity is not of itself unlawful.

The claim



The Claimant Mr Kaltoft, a clinically-obese child-minder for a local council in Denmark was dismissed on the grounds of redundancy. He brought proceedings against his employer alleging his obesity was a factor.

The decision

The ECJ held that obesity could not be regarded as a ground for protection against discrimination but could be deemed to be a disability under EU Directive 2000/78/EC which is the general framework for equal treatment in employment and occupation.

The ECJ went on to determine that if "under given circumstances, 'obesity' entails a limitation which results in a particular form of physical, mental or psychological impairments that in interaction with various barriers may hinder the full and effective participation of that person in professional life on an equal basis with other workers, and the limitation is a long-term one", it could be a disability, in which case the origin of the disability (in this case obesity), or contribution to it, was irrelevant.

What could this mean for you?



A worker with long-term obesity might be regarded as disabled and it will be a matter for employment tribunals to determine whether the conditions required for obesity to be a disability are met.

If you employ a member of staff who is disabled a duty to make reasonable adjustments may arise and legal advice should be sought.

Employers must ensure that the question relating to disability is considered when dealing with long term sickness absence and dismissal. If in doubt call for advice.



If you have any specific queries relating to this article please contact our Employment team on the number above or complete our online enquiry form.

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