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Obese people might also be classed as disabled under the Act if their
obesity causes illnesses such as diabetes or heart disease.
In
these circumstances an employer would have to make reasonable adjustments
to meet the needs of the overweight person as required by the Disability
Discrimination Act. If they fail to do so then an employee who feels
they’ve been subjected to unfair treatment could bring a case of
discrimination on the grounds of disability.
There is, however, an obligation on employees to make sure they are doing
everything they can to modify their behaviour so they can carry out their
duties properly. For example, if there is no medical reason why an obese
person shouldn’t eat more healthily and take more exercise then a tribunal
may find that they are not disabled and not entitled to protection under
the act.
Employment law might also offer some protection. For example, if an obese
employee was bullied or generally treated unfairly he might be entitled to
claim constructive dismissal.
In
spite of all the potential pitfalls, however, employers are entitled to
dismiss employees whose obesity prevents them from doing their job
properly. However, firms have to follow the correct procedures. They
should first check if there is a genuine medical reason for the obesity
which might classify the employee as disabled.
The
employee should be offered help to lose weight and given time to do so. He
should also be warned at the beginning of the process that failure to lose
weight could result in dismissal.
Contact Sally on 0115 9886736 for more information.
Email :
Sally Laughton | 
