Unhealthy lifestyle
If an employee has an unhealthy lifestyle, there is little an employer can do about it. Overeating, drinking alcohol, or smoking naturally fall within the private domain of an employee. Based on privacy regulations, employers are generally not allowed to ask about, know, or record information regarding an employee’s health.
Employees with morbid obesity have a significant degree of dismissal protection. This is considered a chronic illness. Employers must adapt the work as much as possible so that an employee with obesity can continue to perform it.
Case law
Case law shows that attempts by employers to dismiss an employee due to severe obesity are almost always rejected. An exception was the case in which the employment contract of the group leader at a childcare center was dissolved. He suffered from such severe obesity (BMI > 69) that he was no longer able to meet the essential job requirements.
For example, he could no longer take the children out, such as going into the woods, visiting a playground, playing football, or spending time in a common area. The children did not get any farther than the picnic table outside with this group leader.
Make it a topic of discussion, seek advice from the company doctor, properly document the content of (performance) meetings, and offer support and education to the employee.
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 assist you if you have questions about an underperforming employee. Feel free to contact us.
October 2024
