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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

DAC Beachcroft—Paul Brehony

DAC Beachcroft—Paul Brehony

Commercial disputes practice expands with partner hire in London

Ward Hadaway—Maria Coster

Ward Hadaway—Maria Coster

Partner appointed to lead family and matrimonial department in Leeds

Slater Heelis—Helen Marsh

Slater Heelis—Helen Marsh

Commercial property team expands in Manchester with partner appointment

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