The UK reportedly has the highest obesity rate in Europe, with
over 20% of the UK population now obese. This means that obesity,
which can result in severe health consequences, will increasingly
become an issue for employers. Obesity will inevitably impact on an
employee's sickness absence, but does it also mean that the
employee is disabled, and therefore protected by disability
discrimination law?
Interestingly, in the US, recent cases indicate a growing
acceptance that obesity is a condition which is covered by US
disability discrimination law. Whether obesity amounts to a
disability under UK discrimination law is controversial, and an EAT
decision on this issue has been long-awaited. The EAT has now
considered in the case Walker v SITA Information
Network Computing Ltd whether an obese employee, who
suffered from numerous physical and mental conditions, was
protected under disability discrimination law.
