The question for the court was whether obesity was covered by disability discrimination under EU law.
The court ruled that obesity does not qualify automatically as a disability but equally is not excluded.
Obesity is a form of physical impairment, which may, depending upon its effects, amount to a disability.
It is for national courts to decide on a case-by-case basis whether the obesity amounts to a disability.
In the UK, in terms of the Equality Act 2010, that would require demonstrating a substantial and long-term adverse effect upon the ability to carry out normal day to day activities.
As with any other condition, severe obesity resulting in disability will give rise to various legal obligations – in particular the requirement to make reasonable adjustments to working practices and-or premises.
In the oil and gas sector this area has generated publicity alongside the Civil Aviation Authority review and recommendations resulting in regulations which will from April 2015 prohibit helicopter operators from carrying passengers whose body size, including safety and survival equipment, is incompatible with push-out window emergency exits.
It is important to note that this new regulation is not about obesity as such but rather physical dimensions.
Guidance references passengers who are defined as “extra broad”, meaning those exceeding 14-inch chest depth or 22-inch shoulder width.
For such individuals, the guidance is to allocate them to seats with a different type of access, which is larger.
If an employee in such circumstances were to be classified as being disabled, it is highly unlikely that a tribunal or court would require an employer as part of reasonable adjustments to provide alternative transportation methods.
Rather, it is more likely that an employer in such circumstances would require to consider how it may assist the employee to reduce physical size, consider different seating allocation to a larger exit – or ultimately alternative onshore employment.
Sean Saluja is the Aberdeen-based head of employment at law firm Burness Paull.