Obesity could be considered a disability, the European Court of Justice has ruled in a landmark ruling.
Judges reviewing a case of a childminder, said that obesity in itself was not a disability – but if a person had a long term impairment because of their obesity, then they would be protected by disability legislation.
The judgement said if a person’s size hinders their “full and effective participation” in the workplace, they could be classed as disabled.
The ruling was made following a case involving Karsten Kaltoft – a Danish child-minder who weighed 25stone and was sacked for being too fat.
The local authority argued the case, claiming Kaltoft was made redundant as a decrease in the number of children meant he was no longer needed.
The new EU ruling will see a change to the way overweight staff are catered for in the office, which could see inclusions for adjustments to furniture and doorways.
Claire Dawson, employment lawyer at Slater & Gordon UK, said the ruling “should encourage and support the full participation of obese people in the workplace”, and believes the EU ruling will benefit European offices on a whole.
