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Disability discrimination: Employee who suffered from "functional overlay accentuated by obesity" was disabled

This report relates to 1 case(s)

In Walker v Sita Information Networking Computing Ltd EAT/0097/12, the EAT held that an obese employee who genuinely suffered from multiple symptoms that were not explained by either a pathological process or any significant physical changes was disabled.

Key points

  • When assessing whether or not a person is disabled a tribunal must first determine if the individual has a physical or mental “impairment” - a word that has no statutory definition and is to be given its ordinary meaning.