Woman sacked for gaining weight claims unfair dismissal

An interesting claim of unfair dismissal will be heard at an employment court in Brazil, after a former WeightWatchers leader was sacked for gaining 3 stone in weight.

The employee weighed 11st 6lb when she was employed by WeightWatchers in Sao Paulo, but was then made redundant on grounds of indiscipline after she put on 3st 1lb. WeightWatchers have told the court that maintaining ideal weight was a condition of employment as their main purpose was to inspire people who sign up to the program to keep reach a target weight and maintain it. Her employment contract is said to have contained a provision that weight gain would be grounds for dismissal, though Judge Jose Pimenta did not consider that an employee could be made to commit not to gain weight.

The case is now being heard in the top employment court on appeal, the woman having lost her claim for unfair dismissal in a lower court. That court ruled that the employer was within their rights to dismiss the woman, after deciding that it was intrinsic to the nature of the business of the company that they could not employ overweight staff. The appeal hearing continues.

If you are an employer or employee in Northern Ireland requiring legal advice in respect of an unfair dismissal claim, contact one of the employment solicitors at Wilson Nesbitt in Belfast by calling 0800 840 9296.

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