DISABILITY DISCRIMINATION - 20.11.2019

Can an eating disorder be a disability?

It’s estimated that at least 1.25 million adults in the UK have an eating disorder, such as bulimia or anorexia nervosa. This number is only likely to rise in the future. Can an eating disorder ever be deemed a protected disability?

What is an eating disorder?

The NHS defines an eating disorder as “an unhealthy attitude to food” . There are several types which include: (1) anorexia nervosa (eating too little); (2) bulimia nervosa (inducing vomiting after eating); and (3) binge-eating disorder (eating too much).

There’s a common misconception that eating disorders are a lifestyle choice which only affect women. But both sexes can suffer from these conditions. They are usually a means of managing an underlying psychological problem, such as low self-esteem or body dysmorphia.

The warning signs

In many cases an eating disorder is a serious illness and the consequences may prove fatal. There are several early indicators of a potential problem. One is behavioural changes, e.g. social withdrawal, mood swings and loss of concentration, due to under-nourishment. In turn, this causes tiredness and poor performance. An employee who has an eating disorder may also become pre-occupied with food/calorie counting and avoid events where food is present.

Is it a disability?

An eating disorder can only be diagnosed by a medical professional but it may qualify as a protected disability under the Equality Act 2010 . This is because an eating disorder can have a substantial and long-term negative effect on an employee’s ability to carry out normal day-to-day activities. In fact, a food obsession can dominate daily life. It may also be linked to another protected disability, such as depression.

Meet with the employee

Eating disorders are a sensitive topic. If you suspect that an employee has one, don’t ask them outright or challenge their attitude to food. Instead, meet with them in private and focus your concerns on their work, performance and general demeanour. If their productivity has dropped, give specific examples, don’t make generalisations.

Equally, if their moodiness has led to tension with colleagues or poor customer service, say what happened and when. Then ask them to explain why things have declined.

Tip. The employee may state that there’s no problem. If so, explain that if there’s no rapid improvement in the areas discussed, you’ll be forced to start misconduct and/or capability proceedings. This may incentivise the employee to seek professional help.

Making adjustments

If the employee does so they may need medical treatment, especially if their problems are complex. They might also require specialist counselling. Even if the employee doesn’t have a disability, be prepared to grant them some time off work.

Tip. Suitable adjustments will include time off for medical appointments. Another is to ensure that the employee has a regular schedule for meal breaks so they are able to get into a proper routine of eating regularly.

For an eating disorders: early warning signs helpsheet, visit http://tipsandadvice-personnel.co.uk/download (PS 21.21.06).

An eating disorder will become a protected disability if it lasts for over twelve months and has a substantial and long-term negative effect on the employee’s ability to carry out everyday activities. Even if an eating disorder doesn’t qualify as a disability, be prepared to grant the employee time off for medical and counselling appointments.

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