Overweight detective who was told she should stop ‘drinking gallons of coke’ wins £10,000
An overweight detective with fibromyalgia who felt humiliated when a higher-ranking officer said she might feel better if she stopped ‘drinking gallons of coke’ was awarded £10,000 in compensation yesterday.
Detective Constable Kerry Moth, 46, was told to take more responsibility over her diet, an employment tribunal in Exeter heard.
Detective Sergeant Daryl Marvelly said if colleagues saw she was making an effort to lose weight they would have more respect for her, the hearing was told.
DC Moth, who joined Devon and Cornwall police in 2003, suffers from fibromyalgia – a chronic condition defined by widespread pain and fatigue.
Lawyer Mark Ley-Morgan, for the police, said that on average she had 76 days off work per year over a 10-year period.
The tribunal ruled in March that DC Moth had been discriminated against on the grounds of disability.
Detective Constable Kerry Moth, 46, felt ‘humiliated’ when she was told to take more responsibility over her diet, an employment tribunal in Exeter heard (file photo)
In July 2018 over lunch at Barnstaple police station (file photo above) DC Moth told DS Marvelly that she was ‘fed up’ with people assuming her weight contributed to her condition
Mr Ley-Morgan said the force was not uncaring and had made a lot of adjustments for the officer who was ‘a very useful member of the organisation’.
In July 2018 over lunch at Barnstaple police station DC Moth told DS Marvelly that she was ‘fed up’ with people assuming her weight contributed to her condition.
The tribunal previously 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.
However, he added that she was not fit to undergo a fitness test and therefore could not undergo officer safety training.
DC Moth said her weight was not a result of her diet but due to the medication she had to take for her chronic condition.
DS Marvelly said he did not dispute that but claimed he saw her regularly drink ‘gallons of Coca Cola’.
However, DC Moth said she only downed zero calorie and decaffeinated coke.
The employment tribunal judge, Alastair Smail, said DS Marvelly was not acting in bad faith but the conversations ‘did have the effect of humiliating her’.
He said the reference to her drinking gallons of Coca Cola indicated an unprofessional tone and concluded DC Moth was ‘harassed’ by his comments.
Yesterday DC Moth, who still works for the force, broke down in tears as she said: ‘I just want to do my job.’
The policewoman said she was not able to do fitness tests but one day aspired to be promoted to a sergeant.
Judge Alastair Smail said DS Marvelly’s comments became personal and were not appropriate for the professional relationship between them.
He added that DS Marvelly acted in good faith but his comments had an upsetting effect which was unfortunate.
The judge said £10,000 in compensation was for injury to feelings.
He also made a series of recommendations so the officer can continue to excel in her duties.
Source: | This article originally belongs to Dailymail.co.uk