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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.
The government has now announced further changes to the Job Support Scheme (now renamed the Job Support Scheme Open), with both the percentage of working hours and the employer contribution to unworked hours dropping.
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On 14 October 2020, The Restriction of Public Sector Exit Payments Regulations 2020 (the “Regulations”) were made into law and will come into force on 4 November 2020.
The extent of vicarious liability has been tested by the courts again and this time in relation to employees engaging in horseplay and practical jokes.
The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.
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