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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

To think that unless caused by an underlying health condition, obesity..

173 replies

GraysAnalogy · 18/12/2014 21:04

should not be classed as a disability?

Recent story about a childminder being sacked as he was too overweight to do his job properly. He took this to court for unfair dismissal and it is being argued that his obesity could be classed as a disability.

There has been no ruling yet.

In your opinion, should it?

OP posts:
Original poster
GraysAnalogy · 19/12/2014 00:09

Meant to put Grin after that

OP posts:
WaywardOn3 · 19/12/2014 00:10

Looking after children, you'd assume, would require a certain level of fitness. Though I wouldn't have mentioned his weight as a reason to no longer want him as a childminder

Same as working with horses (if you ride them) requires you to be under a certain weight depending on the type of horse. A jockey is not allowed to be too tall or weight too much if they do then they're not fit to do the job and therefore don't get to. There's no taking anyone to court with claims that gaining a few pounds shouldn't matter and that they should still be able to race....

Tree surgeons also need some sort of weight limit or they would seriously restrict the amount and types of tree work they could do.

EstRusMum · 19/12/2014 00:19

According to internet I'm obese... Not considering myself disabled. Also I do think that my "obesity" Hmm is caused by myself. I prefer to eat in the evening and starve in the morning.
I also cook damn fine and although it's mostly low cal, I eat too much of it
OP, in the situation that you describe, the person shouldn't be allowed near children. If he cannot tie the shoe laces, he as sure as hell will not be able to prevent himself from falling over if slips. Falling on the child? Not very good prospects for a child, are they?

SDTGisAnEvilWolefGenius · 19/12/2014 00:26

I am obese. I have used comfort eating all my life, as a combination of self-medication for depression, and possibly also self-harm (I know it is doing me damage, but I don't like myself enough to care).

I find it very hard to walk any real distance - and this makes the mantra of eat less, move more pretty unachievable for me - and that makes me depressed, and so it goes on.

Earlier in the year I joined a local gym, but even doing a moderate amount of exercise (3x10 minute sessions on the tread mill, and 3 sessions on the different machines) left me with swollen joints, such that I struggled to walk upstairs that night. I kept going to the gym three times a week, until it got to the point where I couldn't even walk up from the car park to the gym - and so it lapsed. My knees cause me lots of pain.

Am I disabled - I don't know - maybe. My mobility is limited and as a result my ability to live my life is limited. I don't work, so am not going to get fired for my weight gain, and even if I was, I don't think I would sue. I don't want a blue badge - I want to like myself enough to take care of myself.

For my birthday, my sister bought me a FitBit - it will monitor how many steps I take, and in the New Year, I am going to start using it and trying to increase my activity, day on day, and we are going to eat more healthily too - we have been improving our diet, but that went out of the window over the last few months, as my lovely MIL has been dying of cancer - the funeral is on Tuesday - my mind has not been on my diet.

But it is going to take me a long time to get down to what some on this thread would consider an acceptable weight - i guess they will have to go on judging me.

sydlexic · 19/12/2014 00:26

I have gained 5 stone in two years, I could not stop eating, I am 52 and have never been like that before.

I was diagnosed with a B12 deficiency and my digestive transit is 4 hours so have absorption problems. I would not have believed how strong the compulsion to eat could be.

Welshwabbit · 19/12/2014 00:31

Grays, sorry I can't link as on my phone but if you Google personal independence payment you'll get the criteria for payment of that benefit. It's a points system relating to specific activities. The Equality Act test is that you have to have a mental or physical impairment that has a long-term (over a year as explained above) substantial adverse effect on your ability to perform normal day to day activities. No activities are specified and substantial in this context means more than minor or trivial. They are very different tests although there is of course overlap.

The bloke in this case had I think a BMW of 54 which is well into the morbidly obese category (I think over 40?). The European Court didn't decide that he was disabled, just that he potentially could be. The Danish court will have to decide whether the impact on his life is sufficient to amount to a disability.

Sorry all this has upset you - hope you are feeling better now (actually, hope you are asleep as I should be! ).

Welshwabbit · 19/12/2014 00:33

BMW?! BMI obviously!

Patsyandeddie · 19/12/2014 00:33

Why are people so weak willed, just don't put it in your mouth! Take some responsibility for your own health - why should we (NHS) pay for years of gluttony!

Original poster
GraysAnalogy · 19/12/2014 00:33

Thankyou welsh I shall read that! I'm a night owl only sleep at about 3am Grin

SDT I'm so sorry about your MIL.

OP posts:
Original poster
GraysAnalogy · 19/12/2014 00:34

LOLing at BMW of 54

OP posts:
kippersmum · 19/12/2014 00:36

I have mixed feelings in this. I have a DD on the Autism spectrum. We have minimal help & funding. However someone with a visually obvious disability is getting help.

I want all people to get help that need it. But I feel that once again mental health areas are being let down.

To clarify, I'm not saying AS is a mental health issue, but we seem to be treated in the same shocking way as mental health patients & have the same social stigma :(

kippersmum · 19/12/2014 00:39

Also, & I will be blunt & shot down for this. Obese people can eat less. There is absolutely fuck all I can do for my Autistic DD. If someone told that eating 1000 calories a day would cure DD I would do it instantly, without a second thought.

I wish I had that choice.

Welshwabbit · 19/12/2014 00:39

Kippersmum, if your daughter is autistic she would probably be classed as disabled under the Equality Act.

kippersmum · 19/12/2014 00:49

Welsh, my DD has Aspergers, so because it isn't low functioning autism we get nothing.

The fact that she can't do any social interactions means nothing. She can't cope with buying a pint of milk at the local shop!!!!! What does this mean for independent living in the future etc...

Mitchy1nge · 19/12/2014 00:49

like SDT describes though, some people are obese because of underlying emotional regulation problems or some kind of psychological or mental impairment - most people understand that anorexia and bulimia are mental disorders involving the misuse of food that are part genetic, part personality and largely cultural/social so why is it difficult to imagine that obesity might have similar causes? It's so lazy to stereotype every obese person as a feckless glutton.

Bakeoffcakes · 19/12/2014 00:52

Oh Patsy, what a silly argument.

Why should the NHs pay for broken bones when people have been skiing/skipping/jumping off things.

Why should they pay for smokers/pregnant women/alcoholics- all self inflictedHmm

SaucyJack · 19/12/2014 00:58

I do agree Minge. I have no problem in understanding that obesity is an eating disorder.

I just don't think it's helpful in the long run to classify it alongside disabilities that are outside of the sufferer's control such as MS or cerebral palsy.

It's a behavioural/addiction problem and attention should be concentrated on assisting people to make the changes needed within themselves to get back to a healthy weight, not trying to make it easier for people to live unhealthy lifestyles.

Original poster
GraysAnalogy · 19/12/2014 01:02

Agree with saucy

OP posts:
SnowBells · 19/12/2014 01:08

Wait a moment...

... so you can't sack anyone who can't do their job these days?!?

HelenaDove · 19/12/2014 01:10

Joanne i lost 10 stone on the slimming world plan and on that plan you eat quite a lot. So it isnt always eating less.

Mitchy1nge · 19/12/2014 01:12

hardly anything is that black and white though is it - some people will be equipped to have more influence over their obesity than others, depending on genetics, underlying medical or emotional causes, environmental factors, personality/motivation, life events, cultural influences

in same way as I can have a lot of influence over my bipolar through maintaining good sleep/wake routine (USUALLY) taking lithium, being physically active, having a pretty laid back life - while a friend might do all those things but still suffer frequent and debilitating episodes due to external stressors over which they have no control

TinkerbellaPan · 19/12/2014 01:14

Tbh it's a system that would never work due to the sheer variety of us humans and how medical issues affect individuals... and the level of incompetence in our government.

If they can't even run a benefits system correctly, how the heck would they manage a medical/obesity/disability equivalent?! Grin

It would cost more time and money than its worth.

Welshwabbit · 19/12/2014 07:20

Kippersmum as I mentioned above, the tests for disability benefit payments and the Equality Act test (the Danish equivalent of which was at issue in this case) are not the same. If your daughter can't buy a pint of milk she would almost certainly be disabled under the Equality Act, but that doesn't mean she would qualify for benefits. Sorry to hear that you don't get any help, that must be very hard.

MyLeftElbow · 19/12/2014 08:10

Kippers mum, my eldest son has Asperger's - and he recieves DLA at the middle rate because he can't look after himself at all. Have you got a supportive consultant? cerebra are also very helpful when it comes to filling in forms and making sure you get support.

fanjoforthemammaries7850 · 19/12/2014 08:15

Kippersmum with respect they are different issues.

You should be getting DLA for your DD as it's based on her needs compared to others her age not diagnosis. I suggest you appeal and get some professional advice about how to do it.