Buddy says: Unlike for example, race, sex, age, sexual orientation and religion/belief, there is no specific legal protection against discrimination on the grounds of an employee’s weight. 

Nevertheless, it is important to be aware that in some cases, a person’s obesity may be linked to a condition that is a disability for the purposes of the Disability Discrimination Act 1995 (“DDA”), such as depression. 

If an employer wishes to approach an employee who has gained a lot of weight (with the aim of helping that person to lose weight), the employer has to decide whether the issue is such that it needs to be raised.  If it is, then it needs to be raised sensitively and proportionately.  Otherwise, the employer risks not only damaging the employment relationship, but also facing a constructive dismissal claim. 

Employer information:   Surveys have shown that negative attitudes towards overweight employees are commonplace, with many employers believing that obesity negatively affects employee performance, and that overweight individuals lack self-discipline. 

If a person’s obesity is caused by an under-lying medical problem, it is very likely that the individual will be protected by disability discrimination laws.  Therefore, in practice, an employer cannot treat an individual less favourably on the grounds of their obesity.  It may even be that the effect of obesity on an individual would, in itself, satisfy the definition of disability under the DDA (however, this issue is yet to be tested and would almost certainly depend upon the facts of the case). 

If an employer is looking to confront the issues of obesity in the workplace, it is important that any programme is well-researched.  To assist in this, employers can seek advice from a number of sources, including local Primary Care Trusts and the National Obesity Forum.

An employer is not obliged to provide specialist office equipment for overweight employees.  However, if the individual’s condition amounts to or is a symptom of a disability under the DDA, an employer has a duty to make reasonable adjustments to reduce the impact of the disability.

Therefore, whilst there is no specific legal protection for obese employees, employers should be careful not to fall foul of the DDA.  Compensation for a successful discrimination claim can be high as there is no cap on the amount that can be awarded, which can also include an award for injury to feelings.  For good employee relations, and to ensure compliance under the discrimination laws, employers should ensure that their equal opportunities policies are up to date, that employees are aware of the consequences of breaching the policy and the relevant training for managers and employees is in place.