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11 March 2016 / Stephen Hurley
Issue: 7690 / Categories: Features , Employment
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A growing issue

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Fat shaming & disability harassment. Stephen Hurley reports

If an employer allows “fat shaming” in the workplace, they may now be at risk of a claim of unlawful disability harassment.

In Bickerstaff v Butcher NIIT/92/14 (unreported) Neil Bickerstaff worked for Randox Laboratories Ltd in Northern Ireland. He had a body mass index (BMI) of 48.5 (a person with a BMI of 30 or over is classed by the World Health Organisation as being obese). On numerous occasions he suffered abusive comments by a number of work colleagues including being called a “fat bastard”.

Bickerstaff ultimately resigned. The Tribunal sitting in Belfast found that he had been a victim of unlawful harassment under the Disability Discrimination 1995 (the law in England & Wales now being contained in the Equality Act 2010).

In an important decision, albeit at first instance, the Tribunal concluded that he was disabled. A person has a disability if he has “a physical or mental impairment which has a substantial and long term adverse effect on his ability to carry out normal day to

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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