An overweight police officer whose boss said she might feel better if she stopped drinking 'gallons of Coke' has won a claim for harassment.
Detective Constable Kerry Moth was 'humiliated' when she was told she needed to 'take more responsibility' over her diet, a tribunal in Exeter heard.
Yeah, they aren't keen on personal respomsibility in the police farces, are they?
Superior officer Detective Sergeant Daryl Marvelly said if colleagues saw she was making an effort to slim down they would have more respect for her, the hearing was told.
Imp;lying they didn't have a lot already..? Gosh. I wonder why.
The officer, who joined the Devon and Cornwall Police in 2003, suffered from the painful condition fibromylagia, and had 179 days off work over a four-year period, the tribunal heard.
Ah. We keep hearing this condition used as an excuse.
The tribunal heard that in February 2019 Professor John Harrison from the force's Occupational Health department delivered a report on how the illness affected DC Moth's ability to do her job.
He explained that Fibromyalgia is a chronic condition that requires people to learn to live with the condition and modify their lifestyle.
In the unlikely event of a situation becoming violent, in Professor Harrison's view, DC Moth would be able to protect herself and come to the aid of a fellow officer.
By sitting or falling on the criminal?
However, he added that she was not fit to undergo a fitness test and therefore could not undergo officer safety training.
But don't worry, there's always some cretin ready to ride to the rescue! Step forward employment judge Smail!
Employment Judge Alastair Smail, said: 'We had little doubt that this [meeting] was a humiliating experience for [DC Moth]...
'[DS Marvelly] was not acting in bad faith but he did not have a basis upon which to continue to challenge the [DC Moth] along these lines.
'It foreseeably had and did have the effect of humiliating her.
'It was unfortunate. Referring to [her] drinking gallons of Coca Cola indicates an unprofessional tone in the discussion.'
Seems perfectly professional to me!
He said the force had 'failed to make reasonable adjustments to attendance management targets to take into account [Ms Moth's] disability'. He added that it had also breached the equality act by subjecting Ms Moth to unfavourable treatment related to fitness training.
He concluded that Ms Moth was 'harassed' by DS Marvelly's comments about her weight and diet and ordered a remedy hearing to decide compensation be held at a later date.
I can't think of a more appropriate sum than a case of Coke, and a dismissal notice...