When a fat face doesnít fit

In a world when image and appearance matters, and when the media constantly features stories about growing obesity issues, is it time employers did more for their staff? Is it time they act before legislation forces them to do so? Vanessa DiCuffa, of law firm Freeth Cartwright, looks at the issues.

Image matters. This is a fact. People judge others on appearance and, despite legislation and countless articles on why this should not happen, it does.

Being obese affects your employability and your progression within your chosen career.

We are a nation obsessed with weight. If you are too thin it matters, if you are too fat it matters. It is fair to say however, that being too fat evokes a more negative reaction than the reverse.

Surveys have shown that an employer is more likely to select a ìnormalî weight candidate for a job over an ìobeseî candidate. Obese people do not progress as well in their careers.

The question is why?

Being fat creates a perception that a person lacks energy, drive, self-control and motivation, all qualities deemed essential to success by an employer. There is a perception that allowing yourself to pile on the pounds is easier than maintaining a life that keeps you fit and healthy.

Most people associate obesity with laziness, continual media coverage of severely obese people feeds this perception.

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Right now, apart from the chance that an obese person may attract protection under the Disability Discrimination Act or from the protection from bullying and harassment, there is no protection for fat people if an employer simply decides they do not want a fat employee.

Parts of America, such as Michigan and San Francisco, have started to outlaw this type of discrimination and there is a good chance the legislation of this nature will be introduced in the UK in the future, particularly as our population is getting fatter.

However, there are other aspects that employers need to be wary of. The law establishes that an employer owes employees a duty of care. Recent case law has found an employer to be liable for an employeeís suicide and it may be that one day an employer may be answerable for an employeeís weight and general unhealthy lifestyle.

Perhaps now is the time to think about contributing to gym membership of employees, to encourage them to be fit. Maybe catering services in offices and workplaces need to be reviewed.

Perhaps weight management programmes and/or counselling should be offered?

The wider picture is that if a workforce is fit and healthy, then sickness absence is reduced and productivity will, naturally, improve. Not to mention a cut in costs to business having to foot the bill of excessive sickness absence.

An employee may consider the obesity of their staff as a private issue but perhaps this attitude needs an overhaul and more proactive efforts implemented to help people lose weight or not gain it?

Only time will tell Ö.