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06 August 2014
Issue: 7616 / Categories: Legal News
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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
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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