Is it right that obesity is a disability and that I have to provide extra wide chairs etc for obese employees?

Posted in : First Tuesday Q&A NI on 6 January 2015
Emma-Jane Flannery
Arthur Cox

It can be, according to the recent decision of the European Court of Justice in FOA (Kaltoft) v Billund. Mr Kaltoft was a clinically-obese child-minder for a local council in Denmark. He was dismissed due to redundancy; he alleged that obesity was a factor and brought proceedings.

The District Court referred four questions on obesity to the ECJ for a preliminary ruling. The first three questions dealt with whether it was unlawful to discriminate on the grounds of obesity, whether any such right was directly applicable, and querying the appropriate burden of proof. The ECJ held that

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Back to Q&A's This article is correct at 02/09/2015
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The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Emma-Jane Flannery
Arthur Cox

The main content of this article was provided by Emma-Jane Flannery. Contact telephone number is 028 9023 0007 or email Emma-Jane.Flannery@arthurcox.com

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