In the case of Ms K Moth v The Chief Constable of Devon and Cornwall, Barnstaple-based Detective Constable Kerry Moth, who has fibromyalgia – was told by her boss that she would earn the respect of her colleagues if she tried to lose some weight, that she needed to “take more responsibility over her diet” and that “she might feel better if she stopped drinking gallons of Coke”.
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.
However, he added that she was not fit to undergo a fitness test and therefore could not undergo officer safety training.
After further issues arose over how DC Moth would be able to carry on her work, it was eventually decided there should be an ‘unsatisfactory performance procedure’ meeting.
Employment Judge Alastair Smail concluded that Ms Moth was “harassed” by Marvelly’s comments about her weight and diet.
He said the force had “failed to make reasonable adjustments to attendance management targets to take into account [DC Moth’s] disability”.
He added that it had also breached the Equality Act by subjecting Ms Moth to unfavourable treatment related to fitness training.
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