[UK] Understanding obesity discrimination legislation

New research has revealed that weight discrimination is having an active impact on UK workplaces and employees’ careers, HR Magazine reports.

Obesity levels have been steadily increasing across the UK. The latest Health Survey for England showed that 60 per cent of the working age population (16-64 years old) are now classed as overweight or obese.

In addition to the major public health concern this poses, the stigma and negative attitudes faced by people who are perceived to be overweight can also reportedly have a social impact and an impact in the workplace.

A recent report by Pearn Kandola highlighted this, it found that 68 per cent of UK employees surveyed agreed that weight discrimination exists in the workplace.

The belief was reportedly greater for those living with obesity (74 per cent). More than a third reported experiencing weight discrimination in the workplace, including colleagues making an assumption about their ability, character or behaviour.

Weight-stigmatisation has real-life implications and can have a negative impact on an individual’s career. The World Obesity Federation states that people living with obesity will have fewer promotions, lower pay, harsher disciplinary actions and higher contract termination rates than those who are perceived to have a 'normal' weight and perform the same role.

There is currently no specific legal protection relating to weight discrimination in the UK and despite obesity rates continuing to rise this is reportedly unlikely to change in the near future.

Ordinarily, new legislation is passed when there is no existing legal protection for a particular characteristic that warrants a legal safeguard, however,  the government could argue that obesity is covered by disability law, negating the need for new legislation.

Ranjit Dhinsa - UK head of employment, pensions, immigration and compliance (EPIC) at Fieldfisher - says this would mean that, if an employee wanted to pursue legal action, they would have to show that they have a mental or physical impairment related to their weight, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Under existing disability discrimination law, the person alleging weight discrimination would reportedly then need to prove their employer hasn’t met obligations to: 

• ensure the person is not discriminated against, treated less favourably or harassed because of their weight-related impairment, and;
• make reasonable adjustments to enable the person to do their job without being hindered by their weight-related impairment.

These adjustments may include adapting equipment, PPE or supporting the obese person if they are absent due to illness.

If an employee is unable to demonstrate their weight is a disability, it would make it harder to take legal action on the basis of weight discrimination. Such a costly, complex and lengthy process could also reportedly result in unwelcome scrutiny of their personal life.

Ms Dhinsa also cautions that his type of action could attract a lot of media attention, further compromising the employee’s privacy and potentially adding emotional stress to the process.

And a successful case wouldn’t necessarily make it quick or easy to extend the law to protect weight discrimination specifically. It usually takes several years for a Bill to pass through Parliament.

Despite this, there is still potential for future change and employers shouldn’t turn a blind eye to weight discrimination in the workplace. A small number of jurisdictions across the world have already gone further to reduce the ambiguity of general anti-discrimination laws.

New York reportedly passed a Bill in May making it illegal to discriminate against weight and height, following the example of Michigan, which has banned body size discrimination since 1976.  

There are no current legal protections in the UK against weight discrimination, however, employers still have a responsibility to set clear standards within the workplace culture and to explicitly outline the standards of behaviour that should be expected from staff.

A breach of such standards can result in disciplinary action, protecting the entire workforce, and fostering a positive working environment for all.

Source: HR Magazine

(Links via original reporting)

New research has revealed that weight discrimination is having an active impact on UK workplaces and employees’ careers, HR Magazine reports.

Obesity levels have been steadily increasing across the UK. The latest Health Survey for England showed that 60 per cent of the working age population (16-64 years old) are now classed as overweight or obese.

In addition to the major public health concern this poses, the stigma and negative attitudes faced by people who are perceived to be overweight can also reportedly have a social impact and an impact in the workplace.

A recent report by Pearn Kandola highlighted this, it found that 68 per cent of UK employees surveyed agreed that weight discrimination exists in the workplace.

The belief was reportedly greater for those living with obesity (74 per cent). More than a third reported experiencing weight discrimination in the workplace, including colleagues making an assumption about their ability, character or behaviour.

Weight-stigmatisation has real-life implications and can have a negative impact on an individual’s career. The World Obesity Federation states that people living with obesity will have fewer promotions, lower pay, harsher disciplinary actions and higher contract termination rates than those who are perceived to have a 'normal' weight and perform the same role.

There is currently no specific legal protection relating to weight discrimination in the UK and despite obesity rates continuing to rise this is reportedly unlikely to change in the near future.

Ordinarily, new legislation is passed when there is no existing legal protection for a particular characteristic that warrants a legal safeguard, however,  the government could argue that obesity is covered by disability law, negating the need for new legislation.

Ranjit Dhinsa - UK head of employment, pensions, immigration and compliance (EPIC) at Fieldfisher - says this would mean that, if an employee wanted to pursue legal action, they would have to show that they have a mental or physical impairment related to their weight, which has a substantial and long-term adverse effect on their ability to carry out normal day-to-day activities.

Under existing disability discrimination law, the person alleging weight discrimination would reportedly then need to prove their employer hasn’t met obligations to: 

• ensure the person is not discriminated against, treated less favourably or harassed because of their weight-related impairment, and;
• make reasonable adjustments to enable the person to do their job without being hindered by their weight-related impairment.

These adjustments may include adapting equipment, PPE or supporting the obese person if they are absent due to illness.

If an employee is unable to demonstrate their weight is a disability, it would make it harder to take legal action on the basis of weight discrimination. Such a costly, complex and lengthy process could also reportedly result in unwelcome scrutiny of their personal life.

Ms Dhinsa also cautions that his type of action could attract a lot of media attention, further compromising the employee’s privacy and potentially adding emotional stress to the process.

And a successful case wouldn’t necessarily make it quick or easy to extend the law to protect weight discrimination specifically. It usually takes several years for a Bill to pass through Parliament.

Despite this, there is still potential for future change and employers shouldn’t turn a blind eye to weight discrimination in the workplace. A small number of jurisdictions across the world have already gone further to reduce the ambiguity of general anti-discrimination laws.

New York reportedly passed a Bill in May making it illegal to discriminate against weight and height, following the example of Michigan, which has banned body size discrimination since 1976.  

There are no current legal protections in the UK against weight discrimination, however, employers still have a responsibility to set clear standards within the workplace culture and to explicitly outline the standards of behaviour that should be expected from staff.

A breach of such standards can result in disciplinary action, protecting the entire workforce, and fostering a positive working environment for all.

Source: HR Magazine

(Links via original reporting)