The Employment Appeal Tribunal (EAT) has confirmed that although obesity is not a disability, it can make it more likely that a person is disabled.

The Claimant in Walker v Sita Information Networking weighed 21½ stones and his obesity caused him fatigue, breathlessness, musculo-skeletal pains and difficulty in walking.  The question for the Tribunal to decide was whether he was disabled.

At the time of the claim, the relevant legislation was the Disability Discrimination Act 1995.  In the Act disability was defined as a physical or mental impairment which has a substantial and long-term adverse effect on the ability to carry out normal day to day activities.

The EAT outlined the approach to be taken when deciding whether a Claimant is disabled.  One should ask whether the Claimant has an impairment which can be described as physical or mental.  If so, the Claimant is disabled.  It is not necessary to identify the cause of the impairment.

In Walker the Claimant had both physical and mental impairments.  He was therefore disabled within the meaning of the Act.