Hello Anne
I don't know that and you are perfectly correct - it could be and you are
clearly more expert on this particular area! The purpose of the post was
the actual case law.
Best regards
Catherine
> Interesting, the renal condition from which he was suffering may have been
> a
> significant factor. The associated weight gain being a health condition
> rather than purely a life-style choice.
>
> Anne
>
>
> On 11/10/10 22:46, "Catherine Mackay" <[log in to unmask]> wrote:
>
>> Dear Catherine/Sharon
>>
>> Royal Mail forced to reinstate 25-stone postman
>> Dan Thomas 25 January 2005 11:00
>>
>> An employment tribunal has ordered the Royal Mail to reinstate a postman
>> and pay him compensation of 24,000 for unfair dismissal.
>> A Scottish postman dismissed on health grounds after his weight
>> ballooned
>> to 25 stones has won his job back and been awarded more than £24,000
>> compensation by an employment tribunal.
>>
>> Ronald Agnew, from Ayr, was taken off delivery duties, but ended up
>> losing
>> his job on health grounds when his managers at Royal Mail claimed they
>> could not find another job for him, according to a report in the
>> Scottish
>> Herald newspaper.
>>
>> Agnew claimed he was treated unfairly, as other workers had been given
>> the
>> chance to undertake lighter duties to avoid dismissal.
>>
>> He said he could have carried out a driving job, but management argued
>> his
>> bulk made it difficult for him to fit into a van. Agnew in turn argued
>> he
>> could still drive his Ford Escort car with no difficulty.
>>
>> He took his case to a Glasgow tribunal after his dismissal through
>> retirement on health grounds after 18 years of service. Now the tribunal
>> has ruled he should get back his job as a postman and be paid £24,278 in
>> compensation.
>>
>> The tribunal ruled that the decision to dismiss Agnew, who suffered from
>> kidney problems and fluid retention, was unreasonable and unfair. The
>> tribunal chairman, Frances Eccles, said: "The claimant was unwell and in
>> need of support."
>>
>> He added that Royal Mail was a large employer and attempts to find Agnew
>> alternative duties to accommodate his medical condition had been
>> inadequate.
>>
>> Whilst this case is rather old now, I think that reasonableness is key
>> bearing in mind that obesity is not a medical condition rather
>> life-style
>> which can result in medical conditions at this point in time.
>>
>> Those with more knowledge of Bariatric Medicine will be the experts on
>> this subject.
>>
>> Best regards
>>
>> Catherine Mackay
>>
>>
>>
>>>
>>> Just found this
>>>
>>>
>>>
>>> A fireman facing the sack because he was deemed 'too fat' for
>>> operational
>>> duties has been dismissed after failing to shed enough weight.
>>>
>>> Grampian firefighter Kevin Ogilvie was given just three months to beat
>>> the
>>> bulge and told to shift the lard or ship out by fire chiefs.
>>>
>>> But Mr Ogilvie was unable to get fit enough in the conditional 12-week
>>> period resulting in his dismissal on Monday.
>>>
>>> The 47-year-old was initially sacked in March 2008 after 22 years of
>>> service with Grampian Fire and Rescue.
>>>
>>> Safety fears were sparked when Mr Ogilvie's weight ballooned over the
>>> 20
>>> stone mark, with management claiming he had become a safety risk,
>>> endangering his colleagues and himself.
>>>
>>> But furious firefighters threatened to strike in a pact of solidarity
>>> on
>>> behalf of Mr Ogilvie, who was given the three-month reprieve - which
>>> was
>>> branded 'a stay of execution' by union leaders.
>>>
>>> The Fire Brigades Union confirmed that Mr Ogilvie was dismissed on
>>> Monday
>>> after failing to meet the legally binding conditions set out by
>>> Grampian
>>> Fire and Rescue principal management, which included a condition of
>>> fitness.
>>>
>>> At the time, Grampian Fire and Rescue Service said it had a clear
>>> fitness
>>> policy and had reached its decision after offering him support.
>>>
>>> But FBU brigade secretary for the Grampian Region, Alan Paterson, said
>>> the
>>> targets set for Mr Ogilvie were 'totally unrealistic'.
>>>
>>> He said: 'It came as no surprise to us, we've always stated that the
>>> bar
>>> was set too high, we always feared that it was designed for him to fail
>>> -
>>> it was a stay of execution.
>>>
>>>
>>>
>>>
>>>
>>> More...
>>>
>>> Firefighters 'will strike' after their 20-stone colleague is sacked for
>>> being 'too fat'
>>>
>>>
>>> 'Prof Broom, a nutrition expert, said Kevin would get fit if he
>>> followed
>>> their programme over nine to 12 months, not two or three months.
>>>
>>> 'But there was a legal compromise and he was under threat to sign it or
>>> his contract would be terminated on those grounds, so he had no
>>> alternative but to sign.
>>>
>>>
>>>
>>>
>>> Happier days: During 22 years of fire service, Kevin Ogilvie's weight
>>> ballooned to more than 20-stone
>>> 'Looking at Kevin at the time, during the first six weeks you could see
>>> he
>>> was making progress.
>>>
>>> 'He has continued to lose weight, but not at the rate set, that's what
>>> it
>>> comes down to.
>>>
>>> 'It's really disappointing because everyone can see he is trying and
>>> losing weight as well.'
>>>
>>>
>>> Mr Paterson said an emergency meeting had been arranged for after the
>>> Grampian Fire Services Joint Board's meeting tomorrow.
>>>
>>> He refused to reveal the specifics targets set out by principal
>>> management, but said Mr Ogilvie had been given a strict regime to
>>> follow.
>>>
>>> He added: 'It was specific, he was set monthly targets to achieve
>>> aerobic
>>> capacity and weight loss.
>>>
>>> 'He was doing that, but not at the rate they had set, which we pointed
>>> out
>>> to them in the first place was unrealistic after seeking expert advice.
>>> It's very disappointing.'
>>>
>>>
>>> Mr Paterson said Mr Ogilvie couldn't be considered for a
>>> non-operational
>>> role in the fire service because he didn't hold a rank.
>>>
>>> Mr Ogilvie, who lives in Aberdeen, declined to comment.
>>>
>>>
>>>
>>> Read more:
>>> http://www.dailymail.co.uk/news/article-1117763/Fireman-sacked-fat-failing-mo
>>> nth-test-lose-weight.html#ixzz124Z1MKYe
>>>
>>>
>>>
>>> From: [log in to unmask]
>>> To: [log in to unmask]
>>> Subject: RE: [OCC-HEALTH] Equality Act & Morbidly obese staff
>>> Date: Mon, 11 Oct 2010 18:30:49 +0100
>>>
>>>
>>>
>>>
>>> CBT? Might be useful. Medical reasons for weight eg thyroid problems?
>>>
>>> I think this is a difficult area - if he cant do what is required of
>>> him
>>> AND he is responsible for vulnerable people then I think redeployment
>>> may
>>> be the only answer, but how long would the company be able to sustain
>>> this? I think people like police/fire and rescue services have to deal
>>> with fairly hefty individuals who cannnot fulfil fitness standards for
>>> their job - seem to remember a case a while ago of a firefighter who
>>> was
>>> sacked and took his employer to ET for unfair dismissal and I think he
>>> may
>>> have won, despite being given every opportunity and time to bring his
>>> weight, and therefore capabilities into line
>>>
>>> Legislation may not apply specifically for the weight issue but
>>> secondary
>>> health issues may well be relevant eg blood pressure/cardiac
>>> problems/respiratory issues/MSD`s (like it would for people with
>>> substance abuse issues). Interestingly I know of a similar case but in
>>> reverse - care worker with anorexia and BMI of 14.3. This issue hinged
>>> around whether she was safe - she wasnt as she worked in a sleepover
>>> capacity and a lone worker helping the clients if they got into
>>> difficulties in the night. She was redeployed onto days for better peer
>>> and management support, liaison with GP, went into a residential
>>> treatment
>>> facility for 4 months , got paid sick pay while in. Now back at work as
>>> her weight has apparently stabilised
>>>
>>>
>>> Good luck!
>>>
>>>
>>> Date: Mon, 11 Oct 2010 18:15:12 +0100
>>> From: [log in to unmask]
>>> Subject: [OCC-HEALTH] Equality Act & Morbidly obese staff
>>> To: [log in to unmask]
>>>
>>>
>>>
>>>
>>>
>>> Hi All,
>>>
>>> Thoughts please I have a support worker (working with vulnerable
>>> clients
>>> with learning and some physical disabilities) who is probably around 35
>>> stone (and apparently gaining) who is really struggling to fulfill his
>>> job
>>> role, breathless going up stairs and bending, canıt fit behind steering
>>> wheel in clients car (and we canıt change it) etc,etc. We have
>>> completed a
>>> functional risk assessment but was wondering if anyone has any
>>> experience
>>> or suggestions around how we could manage this and support him.
>>> Obviously
>>> capability is an option but the company has asked how else we can
>>> support
>>> him.
>>>
>>> Obviously Iıll do the GP, dietician, EAP bit but I am more specifically
>>> interested in whether you would support with a clear behavioural
>>> contact
>>> as we would for someone with another addictive type behaviour problem
>>> e.g. alcohol or drugs.
>>>
>>> Anyone aware of any case law for obesity and the old DDA my HR team
>>> couldnıt find any........
>>>
>>> Oh wise ones all suggestions gratefully received!
>>>
>>> Cheers,
>>> Cath
>>>
>>>
>>>
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>>
>>
>> Catherine Mackay
>> Work & Health Consultant
>> MSc(Work Psychol.)Grad.IOSH
>> c. +44(0)7956439163
>> l: +44(0)1314454448
>> e: [log in to unmask]
>> w: cmkworkandhealth.com(under reconstruction)
>> http://www.mentalhealth.org.uk/publications/?entryid5=67533
>>
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>>
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>
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>
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>
Catherine Mackay
Work & Health Consultant
MSc(Work Psychol.)Grad.IOSH
c. +44(0)7956439163
l: +44(0)1314454448
e: [log in to unmask]
w: cmkworkandhealth.com(under reconstruction)
http://www.mentalhealth.org.uk/publications/?entryid5=67533
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Please remove this footer before replying.
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