A Northern Ireland tribunal has applied the ECJ’s decision in FOA, acting on behalf of Karsten Kaltoft v Billund Kommune that an obese worker may come within the definition of a disabled person if long-term physical, mental or psychological impairments arising as a consequence of, or which are related to, obesity hinder that worker’s full and effective participation in professional life.
In Bickerstaff v Butcher [2015] 92/14 FET a Northern Ireland tribunal first had to decide whether Bickerstaff's (B) medical condition meant that he came within the definition of a disabled person. B had a Body Mass Index of 48.5 which his GP classified as being morbidly obese. He suffered from gout, linked to weight problems, which contributed to various physical impairments, including knee, joint and back pain. Other impairments related to B’s weight included sleep apnoea, frequent tiredness, loss of concentration and shortness of breath on minimal exertion.
Applying the ECJ’s Karsten Kaltoft ruling, the tribunal found that B was disabled and upheld his claim for harassment related to disability, as a colleague had allegedly made various offensive comments to B including that he was “so fat he could hardly walk”, a “fat bastard” and “so fat he would hardly feel a knife being stuck into him”.
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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.
