KG...
So, LD, what about "body mass index" (or whatever it's correctly called).
I'd support the view that it is potentially discriminatory - certainly. The question is really whether or not there is legislation which covers it, and this thread is to discuss the effects of the new legislation being introduced in the UK.
If the person in question is fit enough to qualify for a Class One medical, the limiting factor must be whether or not he / she can perform the duties required. This question must take into account physical ability and dimensions e.g. too tall or too short as well as too wide!
But for all practical purposes an otherwise fit individual who has an unfortunately high BMI should not be declined an airline job on this basis alone.
To specifically address the issue you've raised though - I'm not sure what legislation you would need to refer to. My first thought is perhaps the Disability Discrimination Act. I did a little research and came up with the following:
The Government published statutory guidance in 1996, primarily to assist adjudicating bodies like courts and tribunals in deciding whether a person is a disabled person for the purposes of the Disability Discrimination Act. This guidance can be viewed here:
http://www.direct.gov.uk/ExternalLin...w/practice.asp
For the purposes of the Act:
"Substantial" means neither minor nor trivial;
"Long term" means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions);
"Normal day-to-day activities" include everyday things like eating, washing, walking and going shopping;
A normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory.
At first sight, I doubt that being overweight would fall within the scope of the act unless it affected day to day activities - and then I doubt the candidate would qualify for a Class One Medical if this were the case.
So the honest answer is, "I don't know", but I would certainly agree with your example in principle.