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25-09-2014

Is Obesity a Disability? If it is, then there is a duty to make reasonable adjustments. The Advocate General has issued an opinion on this matter.

The conclusions are that obesity is not in and of itself a disability. However, if the obesity handicaps matters such as mobility, then it may be considered a disability if it has an impact on their work. [see Kaltoft v Kommunernes Landsforening acting on behalf of the Municipality of Billund].

The conclusion is not a massive surprise given that UK tribunal decisions have pretty much said the same thing. (See also Is body fascism the last acceptable form of discrimination?)

Sarah Rushton (srushton@moonbeever.com)

Tel: 0207 539 4147

This is intended for general information only and should not be considered as giving advice in relation to any individual case nor be taken as applying to any particular case. No liability is accepted for any such use of the information.

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