Slim chance for fat workers

I recently lost my job because my employer said I was unable to carry out my duties properly because I was overweight. Can I claim compensation?

Sally Laughton from Andersons Solicitors in Nottingham writes…

It depends on your personal circumstances and whether the firm followed the correct procedures.

There is no specific law in Britain banning discrimination on the grounds of obesity. Nevertheless, firms could still find themselves facing legal action if they discriminate against overweight employees because there is already considerable protection under existing legislation.

The most dramatic change in the last year came with Disability Discrimination Act 2005. It removed the previous requirement that mental impairments had to be clinically well recognised before they could be classed as disabilities. It means that obesity could now be classed as a disability if it can be shown that it is caused by anxiety, depression or perhaps even an eating disorder.

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.
Sally Laughton is a Solicitor within our Employment department at Andersons Solicitors in Nottingham. She can be contacted on slaughton@andersonsolicitors.co.uk or tel: 0115 988 6736
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