Labour & European Law Review
18 February 2015
A report released recently by the Work Foundation has found gaps both in terms of legislation and policy initiatives supporting people with fluctuating health conditions.
Although employees have a right to use social media, the Employment Appeal Tribunal (EAT) held in Game Retail Ltd v Laws that it has to be balanced with their employers’ need to minimise any risk to their reputation from communications that could be read by customers and other employees.
Although there is no law prohibiting employers from discriminating against someone because they are obese, the Court of Justice of the European Union (CJEU) held in Kaltoft v Municipality of Billund that obesity can constitute a disability if it limits the person concerned from fully participating in professional life on an equal basis with other workers.