Obesity Can Be 'Disability', Says EU Court

Obesity can count as a disability, the European Court of Justice has ruled in the case of an overweight man who lost his job.

The judgment said it could qualify if the obesity "hinders the full and effective participation of the person concerned in professional life".

A 25-stone (160kg) Danish childminder, Karsten Kaltoft, pursued the case after his local council sacked him in November 2010.

The court admitted there was no specific law on discriminating because of obesity.

However, it decided it could be classed as a disability if it involves "long-term physical, mental or psychological impairments".

EU employment laws make it illegal to discriminate on disability, as well as factors such as religion, belief, age or sexual orientation.

Authorities in the Danish town of Billund admit mentioning Mr Kaltoft's weight during a meeting but deny it played a part in his dismissal.

They say he was let go because there were fewer children to look after.

The case now goes back to judges in Denmark to look again and decide whether Mr Kaltoft is indeed obese enough to qualify as disabled.

If it agrees, the childminder is set to get a compensation pay-out.

Overweight workers in the UK could now also claim they are disabled because the court's decisions are binding in all EU countries.

Employers may then have to make special provisions, for example bigger desks or wider seats.

"Even if you are warned by a doctor that you are eating your way to obesity - if you bring it upon yourself - you could still be considered disabled," said Sky News' Richard Suchet.

Employment lawyer Vanessa Di Cuffa, from the firm Shakespeares, said the move would give more workers protection against discrimination.

"It is right that the EU has moved forward with enshrining this into law," said Ms Di Cuffa.

"However, employers must continue to, or start, providing appropriate support to staff with obesity issues at any level.”

About 20% of European men and 23% of women are obese, according to the World Health Organisation, meaning they have a body mass index of more than 30.

Recently-announced NHS guidelines mean two million people could qualify for a £6,000 weightloss operation paid for by the Government.