THOUSANDS of workers who are obese could be considered disabled and entitled to additional support from their employers following a landmark European court ruling, lawyers have warned.

 

The judgment comes after the case of a Danish childminder who was believed to be so fat he was unable to tie his own shoelaces, and was sacked by his employers four years ago.

The European Court of Justice, whose laws are binding throughout EU members states such as the UK, said obesity could be considered a disability if it "hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers".

The ruling could force widespread changes across Europe in the way employers deal with obese staff and what support they might be legally required to offer. Some measures suggested include wider car parking spaces and changes to seats, desks and fire escapes.

Around one in four Scots is classed as obese, with a body mass index of 30 or more, and lawyers said that some firms could have to consider measures to support overweight workers whose condition may affect their work.

Kirk Tudhope, employment law partner at Ledingham Chalmers, said the question is "whether the employee is disabled not how the disability may have arisen".

He said: "Although this is clearly an issue for industries where a reasonable level of fitness and mobility is required, it is difficult to identify any employers who may not be adversely affected by obesity in the workforce.

"The well-known health risks associated with being overweight can clearly impact on attendance and performance. Sadly this will be particularly relevant for those areas in Scotland where social problems may contribute to physical inactivity and poor diet.

"As a result of the ECJ's ruling employers will also have to consider putting in place measures to assist obese workers where the condition impacts on their ability to work. This could include amended duties or alterations to an employee's workstation."

The ruling has already raised serious concerns about the immediate and long-term impacts on employers in the UK, who may now need to take extra steps to cater to the needs of obese staff. This could include wider car parking spaces and changes to seats, desks and fire escapes.

National Obesity Forum spokesman Tam Fry said it had "opened a can of worms for all employers"

"They will be required to make adjustments to their furniture and doors and whatever is needed for very large people," he said.

"I believe it will also cause friction in the workplace between obese people and other workers."

Mr Fry said he expected member states to apply to challenge the ruling.

He added: "This is the closest I've seen to the law being an ass."

The case was brought by Karsten Kaltoft, who had been a childminder for 15 years when he was made redundant by the Municipality of Billund local authority.

He is believed to have weighed more than 25st at the time. The council said it was making redundancies based on a decrease in the number of children who required the service, and did not disclose whether Mr Kaltoft's size played any part in its decision to let him go.

Reports suggested the childminder - who was obese throughout his employment - needed help tying his shoe laces and struggled with physical tasks.

He told the BBC earlier this year: "I can sit on the floor and play with them, I have no problems like that.

"I don't see myself as disabled. It's not OK just to fire a person because they're fat, if they're doing their job properly."

Matthew Elliott, chief executive of Business for Britain which campaigns to change the terms of the country's EU membership, said the ruling places a "huge burden" on businesses, with "employers forced to pick up the bill for the increased waistlines of their workforce".

Meanwhile, Jane DeVille-Almond, chairman of the British Obesity Society, said referring to obesity as a disability might imply that there is nothing that can be done about being heavily overweight.