Labour Research (June 2013)

Law Queries

Obesity

Q. I am a rep supporting a member who has a serious weight problem, as well as other health issues such as shortness of breath, tiredness and joint problems which affect his normal day to day life. Is obesity a disability protected by the Equality Act 2010?

A. Obesity as such is not a disability under the Equality Act 2010. But it’s well established that when deciding whether or not someone has a disability, the cause of the impairment is irrelevant.

What matters is the effect of that impairment on their ordinary day to day lives. There is useful statutory Guidance on matters to be taken into account in determining questions relating to the definition of disability, which you can download from the website of the Office for Disability Issues.

In a recent case, Walker v Sita Information Networking Computing Limited (UKEAT/0097/12 www.bailii.org/uk/cases/UKEAT/2013/0097_12_0802.html), the EAT confirmed that although obesity itself is not a disability, the fact that someone is obese may make them more likely to be disabled.


This information is copyright to the Labour Research Department (LRD) and may not be reproduced without the permission of the LRD.