Obesity IS a DISABILITY, rules highest EU court after 25st Danish childminder was 'sacked for being too fat to perform his job properly
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Obesity is a disability, Europe's highest court has today ruled.
The European Court of Justice said if obesity could hinder 'full and effective participation' at work then it could count as a disability.The ruling, which is binding in all EU countries, could mean employers have to treat those obese workers for whom their weight prevents them taking
part fully in their duties, as disabled.The landmark case was brought before judges by a Danish childminder.
Karsten Kaltoft took action after he claimed he was sacked by his local authority for being unable to perform his duties, because of his size.
The council, Billund Kommune, allegedly claimed the 25-stone childminder was so fat that he required help from a colleague to tie up children's shoelaces
Though Mr Kaltoft claims his weight was mentioned in a meeting discussing his dismissal, his employers deny it was a reason for terminating his contract.The workers' union Fag og Arbejde (FOA) acting on behalf of Mr Kaltoft, took action for unfair dismissal.
The Danish court asked the EU court to specify whether EU law prohibits discrimination on the grounds of obesity.
And they asked judges to consider whether obesity can constitute a disability.
The decision means employers across Europe could face significant costs as they may be required to make adjustments to their workplace to accommodate obese workers.This
could including having to provide larger seats, special car parking spaces, wider doors and other facilities to avoid facing discrimination claims. And experts have warned it could lead to difficult conversations with workers about their weight.
But a Department of Health spokeswoman said: 'Today's judgement does not change anything and does not mean someone can claim benefits simply for being obese. 'Disability benefits are not given because someone has a specific condition. Entitlement is, and will remain, based on the impact on someone's life as a result of having a disability.'
National Obesity Forum spokesman Tam Fry said: 'This has opened a can of worms for all employers in this country.
'They will be required to make adjustments to their furniture and doors and whatever is needed for very large people.
'I believe it will also cause friction in the workplace between obese people and other workers.'
Mr Fry said he expected member states to apply to challenge the ruling.
He added: 'This is the closest I've seen to the law being an ass.'
Meanwhile weight loss expert Steve Miller, presenter of Fat Families, branded the ruling 'an outrage', telling MailOnline, 'it is an insult to those people who are genuinely disabled'.But
some legal experts have welcomed the decision, as allowing severely obese workers to seek the necessary workplace provisions. Paul Callaghan, an expert in employment law at international law firm Taylor Wessing, urged caution.
He said the ruling does not mean the law will have to change in the UK.
He said: 'The European Court of Justice has ruled that obesity itself is not a disability, but that the effects of it can be.
'As such, workers who suffer from, for example, joint problems, depression, or diabetes - specifically because of their size - will be protected by the European Equal Treatment Framework Directive and cannot be dismissed because of their weight.'UK law does not need to change.
Claire Dawson, employment lawyer at Slater & Gordon, echoed that sentiment, adding it is unlikely much will change.
She said: 'Obesity in itself has not previously been classed as a disability in UK law.
'However, where an obese person has other health difficulties that can be associated with and potentially compounded by obesity, such as mobility difficulties, diabetes or depression, these may give rise to protection against disability discrimination at work.'The European Court's decision does not change that position radically.
'Employers are required to make reasonable adjustments for disabled workers which, in the case of an obese worker could include providing a larger chair or a parking space closer to the office, for example. 'We know that obese people are sometimes treated differently because of their weight, not only in the workplace.
'This decision upholds a principle at the heart of disability discrimination law which is that, where reasonably possible, barriers to employment which do not relate to a person's inherent ability to do their job should be removed.'It should encourage and support the full participation of obese people in the workplace.'
Emma Hamnett, employment law expert with lawyers Clarke Willmott added: 'The ruling does not mean that obesity is a disability, rather that the effects of being obese may be a disability and in which case the worker will be protected under the Equality Act from discrimination, including
harassment, on the grounds of their obesity.' An obese individual would still have to show that the effect of their weight and/or size put them at a disadvantage in their particular workplace. 'That will of course depend on the type of role and work they do and how being obese affects their ability to perform tasks associated with their role.'
The ruling, at European level, will effect all businesses across the EU as well as those in the UK. Employers will now not be able take direct action such as dismissal or demotion against an obese worker because of their size without risking a claim for disability discrimination. 'Similarly jokes or "office banter" type remarks about a person's size are out of bounds and could amount to disability related harassment or victimisation.' Vanessa Di Cuffa, employment law partner at Shakespeares, welcomed the ruling.
She said: 'This is the right decision. Although previous legislation allowed for employees to be protected against other forms of discrimination, it is positive that obesity is now being seriously
recognised.
'Previously, severely obese staff could only seek for suitable workplace provisions to be made under associated conditions such as diabetes, respiratory problems or mobility impairment.' Employers should continue to promote healthy lifestyles and extend support to workers who are actively trying to reduce their weight. 'It is right that the EU has moved forward with enshrining this into law.
'However, employers must continue to, or start, providing appropriate support to staff with obesity issues at any level.'
But weight loss expert, Mr Miller, told MailOnline he is 'outraged' by the decision.
He said: 'The world has gone crazy. It is an insult to those people who are genuinely disabled.
'Being obese is self-inflicted when people fall into bad habits, we are ourselves responsible to take action to reverse that.
'I fully appreciate that sometimes it is not easy, and people might need extra support.
'If we say being obese is a disability, there is a danger it will encourage people to stay fat to enjoy a life on benefits and celebrate the joy of getting a free car parking space. There are people out there that would.' In the workplace I think for health and safety reasons if someone is too
fat to work, I think it is a fair reason to take disciplinary action.'If you are obese there is always something you can do to lose weight, be it diets, which I know can be difficult, exercise, or getting your mind in the right place through hypnosis.'
Jenny Caven head of public affairs at Slimming World, said: 'The ruling that obesity can be seen as a form of disability is a significant step, but one we greet with caution.'We believe that no one should be judged because of their weight, and every individual should be treated with respect, regardless of their size, so any legislation which tackles the discrimination of overweight people
is welcome.'It's vitally important that labelling obesity as a disability doesn't make it even more difficult for individuals to take action to overcome their weight problems.'We are concerned that classifying obesity as a disability could make people feel disempowered, because it suggests that it's something that can't be changed. '
The court's ruling states: 'The Court finds that if, under given circumstances, the obesity of the worker entails a limitation which results in particular from physical, mental or psychological impairments which 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, such obesity can fall within the concept of 'disability' within the meaning of the directive.'
Such would be the case, in particular, if the obesity of the worker hindered that participation on account of reduced mobility or the onset of medical conditions preventing that person from carrying out work or causing discomfort when exercising professional activity.' According
to statistics from the World Health Organisation, based on 2008 estimates, roughly 23 per cent of European women and 20 per cent of men are obese.
That is according to the WHO definition where a person is obese if their body mass index (BMI) is over 30. It is calculated by taking a person's weight in kilograms and dividing it by the square of his or her height in metres.The Equality Act 2010 refrained from classing obesity as a disability.
Instead the Government's definition is that a person is 'disabled under the Equality Act 2010, if they have a physical or mental impairment that has a 'substantial' and 'long-term' negative effect on a person's ability to do normal daily activities.' The courts in Denmark will now have to decide whether Mr Kaltoft's weight means he should be classed as disabled.
The ruling adds: 'It is for the national court to determine whether Mr Kaltoft's obesity falls within the definition of disability.'
Read more: http://www.dailymail.co.uk/health/article-2878792/Obesity-DISABILITY-rules-highest-EU-court-25st-Danish-childminder-sacked-fat-perform-job-properly.html#ixzz3MHc2KMI3
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