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The number of people suffering from obesity in the UK has trebled over the last 25 years. But does obesity fall within the definition of disability under the Equal Treatment Framework Directive?
According to the Advocate General in his opinion in Kaltoft v The Municipality of Billund, it could but only if severe. The Advocate General pointed out that the directive covers physical and mental impairments which make “carrying out of that job or participation in professional life objectively more difficult and demanding”. His view was that a BMI of over 40 (WHO class III), impacting on mobility, endurance and mood would hinder an individual’s participation in professional life to such an extent as to amount to a disability.
Therefore if you have an employee who is severely obese (BMI of over 40) you may have to consider whether the organisation is under a duty to make reasonable adjustments.
As the use of social media continues to increase, its overlap with working life is becoming more and more prevalent.
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H&M is the latest retailer to confront its landlords about this ‘two tier retail market’ in an attempt to explore and negotiate more favourable terms.
In his 2018 Autumn Budget, the then Chancellor, Phillip Hammond, announced a significant change to the way liability for IR35 breaches will be dealt with for private sector companies from April 2020.
Ann Summers is the latest retailer to have entered into new voluntary deals with the majority of their landlords, rather than using the CVA process.
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