In FOA, acting on behalf of Karsten Kaltoft v Billund Kommune [2015] IRLR 146 ECJ, the ECJ held that where "in interaction with various barriers" an obese worker's "full and effective participation in professional life on an equal basis" is hindered by a limitation that results "in particular from long-term physical, mental or psychological impairments" the worker's obesity will amount to a disability.
The Employment Appeal Tribunal (EAT) has held that non-payment of a discretionary bonus was unfavourable treatment for a reason arising from disability and was not justified.
A Northern Ireland tribunal has applied the European Court of Justice (ECJ) decision in FOA, acting on behalf of Karsten Kaltoft v Billund Kommune that obesity can by itself amount to a disability.
Carly Mather is a managing associate, Gerri Hurst and Lucy Sorrell are associates, Mona Jackson is a trainee solicitor and Richard Branson is a paralegal at Addleshaw Goddard LLP. They round up the latest rulings.
In Hainsworth v Ministry of Defence [2014] IRLR 728 CA, the Court of Appeal confirmed that the principle of associative discrimination does not extend to an employer's duty to make reasonable adjustments.
The European Court of Justice has held that while EU law does not lay down a general principle of non-discrimination on the ground of obesity as such, the Equal Treatment Directive (2000/78/EC) must be interpreted as meaning that the obesity of a worker can constitute a disability.