Kaltoft v The Municipality of Billund
In this European case the Advocate-General, (who always gives an opinion prior to the formal judgement) has considered whether obesity, without anything else, qualifies as a disability. If the answer is yes, then there would be a duty on employers to make reasonable adjustments, which might include having to provide bigger chairs and desks and providing car parking spaces nearer to the work premises.
The first part of the Advocate-General’s opinion confirms obesity is not a protected characteristic under the Equal Treatment Framework Directive, from which the UK’s Equality Act derives. However, the main part of the opinion considered whether obesity can fall within the definition of a disability.
Employment Associate, Paul Burton says, “To summarise it, the Advocate-General said that if an individual has a Body Mass Index of 40 or more, so is classified as ‘morbidly obese’, they might be disabled if the obesity has a real impact on their ability to participate in work.” The Court of Justice of the European Union normally, but not always, follows the opinion of the Advocate-General and we can expect the judgement in the next 4-6 months.
In Practice
This case will be welcome in the sense that it will clarify the law, but, if the judgements opinion, as expected, then it will not be good news for some employers. Those that employ morbidly obese people will have to look at whether they can make reasonable adjustments to enable them to work more easily and may face claims in the employment tribunal if they do not.
At Frettens, all of our solicitors offer a free initial meeting or chat on the phone to answer your questions. If this article raises issues for you or your business, please call us on 01202 499255 and Kate or Paul will be happy to discuss it with you.
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