How to deal with an employee who is not functioning well due to obesity?
In the world of work, there are many factors that affect employees' job performance, including health and personal lifestyle choices. When an employee is not performing well due to obesity, employers may find themselves in a difficult situation. What are employers allowed to do and what are they not allowed to do? This article takes a closer look at what is possible and what the employee's rights are.
What may and may not an employer do?
If an employee has an unhealthy lifestyle, such as being overweight, the options for employers to do something about it are limited. This is because adjusting personal habits such as excessive eating, alcohol consumption or smoking falls under the employee's private life. In principle, employers are not allowed under privacy rules to ask, know or record anything about the health of their employees. It is essential that employers respect their employees' privacy and only collect information relevant to job performance.
Chronic diseases and obesity
Morbid obesity is often classified in case law as a chronic illness, which provides employees with a degree of severance protection. Employers are expected to modify the work as much as possible so that an employee with obesity can continue to perform the job. This means that the employer is required to make reasonable adjustments to enable the employee to perform his or her job.
Exception to discharge for severe obesity
Although dismissal due to obesity is often not accepted, there are exceptions. In one court case, for example, the employment contract of a group leader at a children's day care center was terminated. This employee was so severely overweight (BMI > 69) that he was no longer able to perform the tasks required for his position. This included activities such as going outside with children, walking or playing. The judge ruled that the employee could no longer adequately perform his duties.
What can employers do?
When an employee is overweight, it is important for employers to discuss the issue in a respectful and constructive manner. It is advisable to seek advice from the company doctor and make clear arrangements for performance reviews. These conversations should be well documented to avoid any legal complications. It is also important to provide support and information to the employee, for example, in the form of health and wellness programs.
This blog was written by Mr. Stijn Blom, employment lawyer at Arbeidsadvocaat.nl B.V. Stijn has extensive experience in employment law and assists entrepreneurs daily with a wide range of employment-related matters. From dismissal cases to drafting watertight contracts and policies – with his practical and personal approach, he helps employers and employees move forward. Want to know more?Visit Stijn's page.
Arbeidsadvocaat.nl is happy to think with you if you have questions about dismissal law. Please feel free to contact us .
April 2025
