Readers will recall that in July of this year we reported that ECJ Advocate General Jaaskinen had given his opinion in FOA, acting on behalf of Karsten Kaltoft v Billund Kommune that whilst disability is not defined in the Equal Treatment Directive (ETD), past cases have referred to any physical, mental or psychological impairment that ‘may ‘hinder the full and effective participation of the person in professional life on an equal basis with other workers’.
Therefore, morbid obesity might fall within the definition of “disability” under the ETD if the aforementioned case law definition is satisfied. We also highlighted that the AG’s opinion was in accord with UK case law, i.e. Walker v Sita Information Networking Computing Ltd, where the EAT held that obesity is not an impairment of itself, but the effects of medical conditions arising out of, or contributing to, obesity may result in a claimant being disabled if they have a substantial and long-term adverse effect their ability to carry out normal day-to-day activities.
The full ECJ decision is scheduled to be delivered next week, on 18 December 2014, and should bring finality to the issue.
Content Note
The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, we cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.