EU courts rule that obesity 'is a disability'

EU’s highest court has ruled that obesity can constitute a disability in certain circumstances.

17:52 18 December 2014

EU’s highest court has considered the case of a male childminder in Denmark who was fired from his job for being too fat. The court decided that if obesity could hinder “full and effective participation” at work, it could count as a disability.

It explained that obesity in itself is not a disability but if a person had a long-term impairment because of the condition, they would be protected by disability legistation.

The case was about Karsten Kaltoft who weighs roughly 160kg and who sued his employers of 15 years after he was let go four years ago.

Describing his work with children, he said: "I can sit on the floor and play with them, I have no problems like that.

"I don't see myself as disabled. It's not OK just to fire a person because they're fat, if they're doing their job properly."

The rulings of the European Court of Justice (ECJ) are binding for all EU member nations.

The courts in Denmark will now have to assess Mr Kaltoft’s case to see if his weight can be classed as disability.