In 2003 the Employment Appeal Tribunal clarified that obesity was not an impairment in itself when determining whether a person was disabled within the meaning of the Equality Act. However, it said that where a claimant was obese, a tribunal might more readily conclude that they suffer from other impairments which may amount to a disability.

A similar case is currently before the European Court of Justice.  The Advocate General has said that in his opinion, obesity is not a “protected characteristic”.  He went on to point out, however, that the definition of disability may apply to a person when a physical or mental condition makes the carrying out of a job or a participation in professional life more difficult and demanding.

He said that where obesity has reached such a degree that it hinders full participation in professional life due to the physical or psychological limitation it “can” be considered to be a disability.  It is important to note that he used the word “can”.

An individual with a body mass index of 40 or above is classified as morbidly obese.  Such a person might be disabled if the obesity has a real impact on their ability to participate in work.

It remains to be seen whether the European Court of Justice will follow the Advocate General’s opinion. Judgment is expected between December 2014 and January 2015. 

Reggie Lloyd
01206 217347
​reggie.lloyd@birkettlong.co.uk