header-logo header-logo

06 August 2014
Issue: 7616 / Categories: Legal News
printer mail-detail

Obesity ruling no “game changer”

An Advocate General’s Opinion that obesity can be classed as a disability under EU law is “not a game changer”, a leading employment lawyer has said.

Delivering his Opinion in Kaltoft v Kommunernes Landsforening, acting on behalf of the Municipality of Billund C-354/13 at the European Court of Justice (ECJ), AG Jääskinen said that morbid obesity could come within the meaning of “disability” if “it is of such a degree as to hinder full participation in professional life on an equal footing with other employees”. Therefore, only obesity severe enough to cause problems with mobility, stamina or mood would amount to disability.

Makbool Javaid, employment partner at Simons, Muirhead & Burton, says: “A lot of unrealistic publicity has surrounded this case, frightening people into thinking that the result could mean that ‘obesity’ in itself would be declared a disability in its own right...If the ECJ rules as I suspect it will, given the previous judgments, then there really should be no surprises when its definition is applied in UK law—yes, obese people could be protected but it depends on the facts and critically whether the person has a physical or mental impairment.”

Issue: 7616 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
back-to-top-scroll