The next step

The tribunal’s ruling in the case mentioned in the article

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Comments about weight and diet were harassment

Background facts

Kerry Moth (M) is a detective police constable with Devon and Cornwall Police (DCP), where she has been based for many years.

M has several chronic medical conditions, including visceral hyperalgesia, neuralgia, fibromyalgia. She also experiences anxiety and depression.

Time off work

These conditions resulted in M having numerous absences from work and DCP accepted that M was disabled. Because of the medication that managed M’s conditions, restrictions were placed on her duties on the advice of occupational health.

For example, M was given additional breaks, not permitted to work alone or past midnight and her duties had to be “non-confrontational”.

New boss

In June 2018 DS Marvelly (DSM) became M’s new line manager. In July 2018 he made a comment about a salad M was eating saying “that looks healthy” .

At this point, M told DSM that she was trying to lose weight and was fed up with people assuming that her weight contributed to her condition.

Easier life

DSM replied that, in his opinion, losing weight would make her life easier and take the strain off her body. He also said that if people saw she was making an effort to lose weight they may have more respect and empathy for her.

A few months later, during an attendance review meeting, DSM queried whether M’s weight was stopping her from carrying out her duties.

Unacceptable comments

M explained that the daily medication she took caused her to gain weight as a side-effect. DSM queried this saying that it might also help if she “stopped drinking gallons of Coke” and took greater personal responsibility for having a healthier lifestyle in general.

M was upset by DSM’s comments and subsequently brought claims for disability discrimination and harassment at the tribunal.

Act of harassment

Although DSM stated that his comments were intended to be supportive, the tribunal found that they amounted to harassment on the grounds of disability as they caused an offensive environment for M (see The next step ). It will rule on compensation at a later date.

Tip. The simple lesson from this case is don’t make any comments about weight, or give unsolicited diet or weight loss advice to any employee, regardless of whether they are disabled or not. Also, don’t make any observations or comments about a person’s diet or lifestyle choices. Where a person’s weight is affecting their performance, focus your concerns on how they aren’t fulfilling their role.

For the tribunal’s ruling in this case, visit https://www.tips-and-advice.co.uk , Download Zone, year 23, issue 08.