Springhouse Solicitors

Obesity a disability?

Does obesity qualify as a disability? This would of course mean that employers would have to provide ‘reasonable adjustments’ such as large chairs, desks, altered duties etc.

According to the Advocate of General in Kaltoft v. Billund Municipality, the answer is maybe.

The Advocate General’s opinion will normally, but not always, be followed by the European Court of Justice. This is not, therefore, the final word on the matter, but the Advocate General held that:

Implications for businesses

Where employees are obese, and this is having a real impact on their performance at work, employers will need to consider whether they are in fact disabled with all that this entails.