EU rules obesity could be a disability

Today there is significant press interest in the ruling of the European Court which was asked to make a decision about whether obesity was a disability. The case revolved around a 25 stone Danish child minder who was sacked because he was too large to be able to complete his work.

Press reports have varied from the sensationalist declaring that the ruling was that obesity is a disability to the factual saying that it could be.

The most accurate is the latter. What is the most important point though is that the European Court has not actually made a ruling which is new or creates any additional duties.

Why is this relevant?

For special educational needs (SEN) this is relevant because SEN is defined as being a learning difficulty or disability. In theory, therefore, if obesity is recognised as a disability, it could be a gateway to achieving the legal status of SEN and secure additional provision as a result.

What is obesity?

It is a medical term referring to a Body Mass Index (BMI). BMI is a calculation of your weight vs. your height. The higher the number the ‘worse’ your BMI and your weight is disproportionately high according to your height. A BMI of 30+ is classified obese. Normal BMI ranges from 18.5-24.9.

What has the Court said?

What the Court has actually said is that ‘it depends’. The wording of the Court is that obesity is a disability if it “hinders the full and effective participation of the person concerned in professional life on an equal basis with other workers”. This is nothing new.

‘Disability’ in terms of English law is defined within the Equality Act. Anything can be a disability if it:

1. Is a physical or mental impairment. The English Courts have found that “impairment” simply means something ‘wrong’ with someone;
2. Is long-term (lasting more than 12 months);
3. Has a substantial impact (meaning beyond trivial) on day-to-day life.

All the European Court ruling actually means is that obesity isn’t ruled out from being a disability. However, it means that in all cases where a person is claiming that they are disabled by virtue of obesity, there will have to be a close examination of the facts to work out whether the person’s obesity does have a substantial impact on day-to-day life.

Conclusion

This case is not revolutionary. It also is not evidence of the European Court interfering with English law. It is simply confirmation that obesity could be a disability. That is nothing new because the law that we have operated under for almost five  years already says as much.

In terms of disability law, the duties to make adjustments and support people with disability are pre-emptive. That means that the possibility of a disability should always be considered. As such, this ruling does not create new obligations.

In relation to children, obesity could mean that the child in question has SEN. This is particularly relevant as most recent figures suggest that up to 20% of 10-11 year olds in the UK are obese.