Too fat for my uniform

TBagpuss

AskAsk said:

i would think giving someone the sack because their size would be considered discrimination.  in the same way that you discriminate against skin colour, sex, age etc.  if the person's size does not stop them performing their duties adequately, then there is no grounds for dismissal.

You might think that, but you are unlikely to be correct. 
It's unlawful to discriminate against someone on the basis of a protected characteristic, such as gender, age, disability, race , sexuality or religion. Being overweight is not a protected characteristic so discriminating against someone because of their weight is not automatically unlawful (It might become unlawful if the weight was due to a disability, or if it was only overweight women, not fat men, who sulfured discrimination, as in those case there could be discrimination due to disability or gender, respectively) 

If OP has worked for her employer for less than 2 years she can be dismissed for any non-discriminatory  reason. If she has worked for them for over 2 years then they can't simply dismiss her out of hand, but may have other reasons for giving to be able to do so.

OP, in the first instance, I would simply tell them that the uniform you have been given is not the correct size and ask them to provide a suitable one or to let you continue to wear the old one or other appropriate clothing. If what has happened is that the style or sizing has changed (e.g. so that someone who was a size 16 in the old uniforms needs  an 18 in the new ones) then there are likely to be a lot of people who don't fit the ne ordered for them - and given how much variation there is in sizes it seems daft of them to have simply ordered rather than asking everyone to measure, or even have samples to try on. 

Have you asked colleagues of any of them have had problems? Talking to management in a group may be easier than doing it one on one. 

AskAsk

DiseasedBunny said:

AskAsk said:

TELLIT01 said:

AskAsk said:

they can't let you go as that would be discrimination.  they would have to provide one that fits you, that is their obligation.

I'm not sure that being overweight is a protected characteristic which would cause dismissal to be classed as discrimination.  The the OP, how long have you worked for the company?  If over 2 years you do have some protection against dismissal, but below 2 years it is much easier for them to get rid of you.

If the uniform simply doesn't fit the employer either needs to provide one which will, or permit you to wear alternative suitable clothing.

i would think giving someone the sack because their size would be considered discrimination.  in the same way that you discriminate against skin colour, sex, age etc.  if the person's size does not stop them performing their duties adequately, then there is no grounds for dismissal.

But those you listed are protected characteristics,  being cuddly isn't...

https://www.weightlossresources.co.uk/body_weight/obesity_discrimination.htm#:~:text=This means obese employees need,an impact on the business.

elsien

AskAsk said:

DiseasedBunny said:

AskAsk said:

TELLIT01 said:

AskAsk said:

they can't let you go as that would be discrimination.  they would have to provide one that fits you, that is their obligation.

I'm not sure that being overweight is a protected characteristic which would cause dismissal to be classed as discrimination.  The the OP, how long have you worked for the company?  If over 2 years you do have some protection against dismissal, but below 2 years it is much easier for them to get rid of you.

If the uniform simply doesn't fit the employer either needs to provide one which will, or permit you to wear alternative suitable clothing.

i would think giving someone the sack because their size would be considered discrimination.  in the same way that you discriminate against skin colour, sex, age etc.  if the person's size does not stop them performing their duties adequately, then there is no grounds for dismissal.

But those you listed are protected characteristics,  being cuddly isn't...

https://www.weightlossresources.co.uk/body_weight/obesity_discrimination.htm#:~:text=This means obese employees need,an impact on the business.

An old post referring to the Disability Discrimination Act which has now been superceded by the Equality Act. It also contains a lot of "may" in it rather than definitive statements. It also neglects to mention that the employer doesn't need to give a reason in the first two years of employment. 

The Equality Act 2010 sets out that the nine characteristics that are protected are:

• Age
• Disability
• Gender reassignment
• Marriage or civil partnership
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

John_

AskAsk said:

they can't let you go as that would be discrimination.  they would have to provide one that fits you, that is their obligation.

Discrimination is not an issue unless it is for certain protected characteristics.
I discriminate at work, only taking on people of high intelligence. This is fine, it’s expected that employers discriminate.
OP, as others have asked, is it not just the case that they have picked the wrong size for you, and so could change it for a larger one?

Dox

AskAsk said:

they can't let you go as that would be discrimination.  they would have to provide one that fits you, that is their obligation.

Obesity isn't a protected characteristic.

KatrinaWaves

It’s unlikely they will sack you. I used to work in a food shop with a bakery with overalls, and if the catalogue didn’t go large enough for any staff they were permitted to source their own clothing (in the right colour ways but usually black/white chef jacket thing) and then it was sent for embroidery to the company to get logos put on. 

Mrs_Ryan

Dox said:

AskAsk said:

they can't let you go as that would be discrimination.  they would have to provide one that fits you, that is their obligation.

Obesity isn't a protected characteristic.

It can, in some circumstances be classed as a disability. So actually yes it is. There could be an argument made that a reasonable adjustment would be a different uniform but this is all on the realms of being a bit far fetched tbh. 

yksi

We're picking this apart when it might be as simple as the OP saying, hey, I'm sorry but the uniform doesn't fit me. If they have been a valuable employee up until now I see no reason why an employer would make this the hill they die on.

As an aside I have had to deny someone a job due to their size but I was able to explain, gently, that unfortunately due to the enclosed spaces that they would not be able to fulfil the job requirements just yet, and that we could have another conversation later on if things changed. This was while working for a government agency and guided by a manager, so you can bet we got the conversation cleared before we told her she was unsuccessful.

MalMonroe

TBagpuss said:

AskAsk said:

i would think giving someone the sack because their size would be considered discrimination.  in the same way that you discriminate against skin colour, sex, age etc.  if the person's size does not stop them performing their duties adequately, then there is no grounds for dismissal.

You might think that, but you are unlikely to be correct. 
It's unlawful to discriminate against someone on the basis of a protected characteristic, such as gender, age, disability, race , sexuality or religion. Being overweight is not a protected characteristic so discriminating against someone because of their weight is not automatically unlawful (It might become unlawful if the weight was due to a disability, or if it was only overweight women, not fat men, who sulfured discrimination, as in those case there could be discrimination due to disability or gender, respectively) 

If OP has worked for her employer for less than 2 years she can be dismissed for any non-discriminatory  reason. If she has worked for them for over 2 years then they can't simply dismiss her out of hand, but may have other reasons for giving to be able to do so.

OP, in the first instance, I would simply tell them that the uniform you have been given is not the correct size and ask them to provide a suitable one or to let you continue to wear the old one or other appropriate clothing. If what has happened is that the style or sizing has changed (e.g. so that someone who was a size 16 in the old uniforms needs  an 18 in the new ones) then there are likely to be a lot of people who don't fit the ne ordered for them - and given how much variation there is in sizes it seems daft of them to have simply ordered rather than asking everyone to measure, or even have samples to try on. 

Have you asked colleagues of any of them have had problems? Talking to management in a group may be easier than doing it one on one. 

From Acas guidance - " employers need to ensure obese employees are not subjected to offensive comments or behaviour because of their weight and that obese job applicants are not discriminated against because of their weight".

Although it shouldn't happen, people who are overweight CAN be discriminated against and it ISN'T acceptable and employers can be taken to tribunal if discrimination occurs.

JamoLew

MalMonroe said:

TBagpuss said:

AskAsk said:

i would think giving someone the sack because their size would be considered discrimination.  in the same way that you discriminate against skin colour, sex, age etc.  if the person's size does not stop them performing their duties adequately, then there is no grounds for dismissal.

You might think that, but you are unlikely to be correct. 
It's unlawful to discriminate against someone on the basis of a protected characteristic, such as gender, age, disability, race , sexuality or religion. Being overweight is not a protected characteristic so discriminating against someone because of their weight is not automatically unlawful (It might become unlawful if the weight was due to a disability, or if it was only overweight women, not fat men, who sulfured discrimination, as in those case there could be discrimination due to disability or gender, respectively) 

If OP has worked for her employer for less than 2 years she can be dismissed for any non-discriminatory  reason. If she has worked for them for over 2 years then they can't simply dismiss her out of hand, but may have other reasons for giving to be able to do so.

OP, in the first instance, I would simply tell them that the uniform you have been given is not the correct size and ask them to provide a suitable one or to let you continue to wear the old one or other appropriate clothing. If what has happened is that the style or sizing has changed (e.g. so that someone who was a size 16 in the old uniforms needs  an 18 in the new ones) then there are likely to be a lot of people who don't fit the ne ordered for them - and given how much variation there is in sizes it seems daft of them to have simply ordered rather than asking everyone to measure, or even have samples to try on. 

Have you asked colleagues of any of them have had problems? Talking to management in a group may be easier than doing it one on one. 

From Acas guidance - " employers need to ensure obese employees are not subjected to offensive comments or behaviour because of their weight and that obese job applicants are not discriminated against because of their weight".

Although it shouldn't happen, people who are overweight CAN be discriminated against and it ISN'T acceptable and employers can be taken to tribunal if discrimination occurs.

It is allowed if they are physically unable to perform their duties 
You dont see many 4' 6", 70lb Royal Marines for example or 6' 10" 300lb Flight Attendants on aeroplanes
Neither criteria is a legally recognised protected characteristic.

HOWEVER - there is one interesting case of regulated discrimination - as recent as 2017 (and it may still be the case), it was impossible for a male/man to train and become a Mammographer. No other reason, you are a man, you can't do this, but it was covered by regulations that I cant be bothered to find/link but just use Google if you are interested.