AN OBESITY ruling in Europe could have a huge impact on employers, a law firm has warned.

The European Court of Justice (ECJ) is approaching its final judgment on whether severe obesity classifies as a disability.

With more than 8,000 people diagnosed as obese in Sussex, employers need to be aware of the implications it will have within the workplace, Lewes firm Adams and Remers said.

Karsten Kaltoft is claiming disability discrimination against a town council in Denmark after being fired for being too fat to do his job properly.

The 25-stone child-minder, who was reportedly unable to bend down to tie up his shoelaces, argues he was unfairly dismissed due to his weight.

A judgement on the case is expected in the autumn.

Simon Jeffreys, solicitor at Adams and Remers, said: “Currently there is nothing in place to prevent discrimination on grounds of obesity in the UK or in EU law and the ECJ will also have to rule on whether severe obesity can be considered as a disability.”

Whilst not legally binding, the Advocate-General’s opinion, issued on July 17, stated a person could be classified as disabled if obesity had reached a degree whereby it hindered full and effective participation in work.

The notion that obesity is a self-inflicted disability was disregarded.

Mr Jeffreys added: “If the European Court’s own judgment follows the Advocate-General’s advisory opinion, employment tribunals in the UK will have to find that severe obesity, where a person’s BMI is over 40, is a form of disability under the Equality Act 2010.”

According to the Heath and Social Care Information Centre, 8,161 people were diagnosed as obese in Sussex in 2013.

It is also estimated by 2050, 60 per cent of males and 50 per cent of females in the UK could be obese.

Mr Jeffreys added: “If the ECJ does rule in favour of Mr Kaltoft, employers would need to start making reasonable adjustments to accommodate the needs of ‘extreme, severe, or morbidly’ obese workers.

“This could mean reserved parking spaces, a change in duties to reduce walking, standing or travelling, as well as special chairs or desks.”

Email simon.jeffreys@adamsandremers.com or adamsand remers.com