I read the short report of this case (from Billund in Denmark) in IDS Employment Law Brief HR Number 1002 (August 2014) and wondered. Is it or isn’t it?
The answer is that a BMI of over 40 will create such problems with mobility, endurance and mood as to amount to a disability.
Doyle Clayton: The Employment Solicitors reflected, in its blog, the matter-of-fact reporting of IDS as did the other law firms that I found on a simple Google search.
Only the Guardian deviated and headlined “Severe obesity is a disability, European court adviser rules
Advocate general issues preliminary ruling on discrimination claim by sacked Danish childminder who weighed 160kg”.
The article does go on to use the word “may”.
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