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Ask Employment Law |
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Remember: There is no substitute for legal advice on the actual
situation you find yourself in. The information posted on this site is for
general information only, is based on |
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Question: |
I’m being picked upon
because of my weight. Is it unlawful?
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Answer: |
According
to one survey of personnel officers, most preferred to offer jobs to workers
of a "normal weight". Half of those polled thought obesity affected
productivity and a similar number believed overweight people lacked self-discipline.
It
seems therefore that being over-weight affects many people’s chances of being
recruited or promoted. Discrimination on the grounds of obesity will soon be
one of the last remaining ism’s not expressly made unlawful. It
appears unlikely that obesity in itself will amount to a disability as
defined by the Disability Discrimination Act (incorporated into the Equality
Act from the 1st October 2010), although if the weight problem is
a symptom of a medical condition, that condition might fall within the
definition of ‘disability’. However
such treatment could give rise to a claim of Constructive Unfair Dismissal (see
index for article). If you are being picked upon in this way, it may well be
appropriate to bring a formal written grievance first though. In
any case many people with weight problems suffer social stigma on a daily
basis. Organizations should deal with this issue in their Equal Opportunities
policy. Last
Reviewed: July 2010. |
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Employment
Solicitor Reculver Solicitors Tel
0207 324 6271 Regulated
by the Solicitors Regulation Authority ©
Reculver Solicitors. 2005- |
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