0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

when is obesity considered a disability?

19 December 2014

In the case of Kaltoft v Municipality of Billund, the European Court of Justice has decided that there are certain circumstances where it may be possible for an employee to show that they are disabled as a result of their obesity and will therefore be protected against disability discrimination. This is where the obesity is long-term and “hinder[s] the full and effective participation of that person in professional life”.

This is likely to only apply to those employees who are severely obese (Mr Kaltoft had a BMI of 54 and was classified as WHO class III). However, where an employee is considered a disabled person as a result of their obesity, employers may be under a duty to make reasonable adjustments as a result.

related opinions

A landlord’s service charge certificate was conclusive as to the sums payable by a tenant under a lease

The Court of Appeal has ruled that the wording of a service charge clause precluded a tenant from challenging the sums claimed by a landlord.

View blog

Supreme Court confirms the standard of proof for suicide AND unlawful killing conclusions is the balance of probabilities. What does this mean for NHS organisations?

The Supreme Court has today delivered its judgment on the case of R (on the application of Maughan) v HM Senior Coroner for Oxfordshire. This decision has serious implications for NHS organisations, which are considered in more detail below.

View blog

Decision making and consent

The GMC updated guidance on 'Decision making and consent' comes into effect today, on 9 November 2020, replacing the previous guidance.

View blog

TC (Urgent Medical Treatment) [2020] – authorising long term coercive treatment

The decision in TC (Urgent Medical Treatment) [2020] concerned a 69-year-old woman with advanced cancer of the larynx. An urgent application was brought on behalf of the trust to authorise a 6-8-week course of chemo-radiotherapy requiring restraint.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up