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A growing issue

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

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