Employers urged to help staff tackle obesity

Employers are being urged to join the fight against the growing obesity epidemic by encouraging healthier lifestyles in the workplace. Employment expert Malcolm Davies from Andersons Solicitors in Nottingham examines the proposals and outlines what legal rights overweight people might have if they feel they’re being discriminated against by their company.

Employers are already obliged to observe a plethora of laws to ensure their employees’ safety and protect them from discrimination in such things as age, sex, race and religion.

Now they’re being asked to go one step further and promote a healthier lifestyle. The proposals by the National Institute for Health and Clinical Excellence are not obligatory and are part of a package of measures involving a range of organisations including government, local authorities, schools and many more.

NICE proposes that industry’s contribution towards tackling obesity should be to promote healthier eating and more exercise in the workplace. For example, it recommends that travel expenses should be used to encourage staff to walk to work or move from site to site. Showers should be provided to encourage cycling to work and stairwells should be improved to encourage people to walk rather than take the lift. NICE also wants firms to provide healthier food in canteens and vending machines, and promote out of work activities such as exercise clubs.

The measures are voluntary but NICE is trying to persuade employers to come on board by pointing out the benefits of a healthier workforce in better output and fewer absences due to illness.

Putting in place some of the measures suggested by NICE would also strengthen an employer’s case should an employee ever bring a discrimination claim.

Unlike America, there is no specific law in Britain outlawing discrimination on the grounds of obesity. Nevertheless, there is some protection under the Disability Discrimination Act 2005. It removed the previous requirement that mental impairments had to be clinically well recognised before they could be classed as disabilities. It means that obesity could now be considered a disability if it can be shown that it is caused by anxiety, depression or an eating disorder.

Obese people might also be classed as disabled under the Act if their obesity causes illnesses such as diabetes or heart disease. In these circumstances, employers would have to make reasonable adjustments to meet the needs of the overweight person as required by the Disability Discrimination Act. If they fail to do so then an employee who feels they’ve been treated unfairly could bring a case of discrimination on the grounds of disability.

In spite of all the potential pitfalls, employers are entitled to dismiss employees whose obesity prevents them from doing their job properly. However, firms should tread carefully before taking any disciplinary or dismissal procedures. It is vital to first check if there is a genuine medical reason for the obesity which might classify the employee as disabled.

The employee should be offered help to lose weight and given time to do so. He should also be warned at the beginning of the process that failure to lose weight could result in dismissal.

Malcolm Davies is Senior Partner at Andersons Solicitors and specialises solely in Employment Law. He can by email: davies@andersonssolicitors.co.uk

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