Can an Employer Act If an Employee Is Overweight?
Unhealthy lifestyle and employer limits
If an employee leads an unhealthy lifestyle, such as overeating, smoking, or drinking, there's little an employer can do. These matters fall within the employee’s private life. Due to strict privacy regulations, employers are generally not allowed to ask about, know, or record health-related information, including weight.
Obesity and legal protection
Employees with morbid obesity are afforded strong legal protection under Dutch law. Severe obesity is often classified as a chronic illness, which means employers have a duty to make reasonable accommodations that allow the employee to perform their job.
Case law: termination is rarely approved
Dutch courts rarely approve dismissals based solely on obesity. One exception involved a group supervisor at a childcare centre whose BMI exceeded 69. He was physically unable to meet the essential job requirements — such as taking children outside, playing with them, or supervising them in shared spaces. The children’s activities were limited to sitting at a picnic table outside. In that case, the court allowed the employment contract to be terminated.
What can employers do?
If you’re dealing with a case of serious overweight or reduced capacity due to lifestyle:
Make it a topic of discussion in a respectful manner
Consult with the company doctor or occupational health service
Document conversations clearly, especially in performance reviews
Offer support, resources, or coaching related to health and well-being
Conclusion
Obesity, especially when severe, is considered a protected health condition under Dutch law. Dismissal is only possible in exceptional circumstances where job performance is seriously impaired and reasonable adjustments are no longer feasible. Employers should handle these cases carefully and legally, with attention to support and documentation.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of your workplace accommodations? Feel free to get in touch.
June 2025
