Obesity, Employment and Discrimination THE Equality Act 2010 protects people from discrimination in the workplace.
However, it does not prevent discrimination on the grounds of being obese, despite the UK being the tenth fattest country in Europe.
Therefore, in order to gain protection from discrimination, an obese person may argue that they are disabled.
Consequently, employers should be careful not to simply dismiss a worker who is not able to carry out their role as a result of being obese.
Employers should obtain a medical opinion which advises on whether the obese worker is likely to be classed as ‘disabled’ and whether reasonable adjustments should be made under the Equality Act.
Employers should also consult with the worker.
This will help ensure that the worker is treated fairly and in accordance with the Equality Act.
In turn this will reduce the risk of disability discrimination claims being raised against the employer.
The Porter Dodson Employment team is here to help you with any questions you may have. Contact Alan Sarhan on 01823-625840.
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