Fired for smelling?

[Arun Nagrath]

hope for the future
Junior Member

Join Date: Mar 2010
Location: London
Posts: 15


Fired for smelling?
Hello all,

Does anyone know if people who smell of bad breath / body odour (but have tested negative for TMAU) can be fired?

There have been complaints at work about my body odour.

Let me know if anyone has had similar issues at work.

Thanks,

HFTF

#2
20th April 2011
Mr. Stinky
Member

Join Date: Apr 2011
Location: Dublin
Posts: 32


Re: Fired for smelling?
You could probably get compensation in a court if you were fired. If you are fired at some point just be sure to inform your boss about your medical condition otherwise I suspect you would have a weaker case in a court room. And if you do get fired be sure to say to the man firing you that you are probably cleaner than he is.

#3
20th April 2011
livininhope
Senior Member

Join Date: May 2010
Location: Glasgow
Posts: 194


Re: Fired for smelling?
Hi

How long have you worked for this company? this makes a difference to your rights - if it is less than 12 months you could have a problem.

They might decide not to fire you for your odour and give a different reason.

If you have a Trades Union, then ensure you are a member, and ensure you speak to them about your medical condition. Also speak to your supervisor/boss about your condition.

It would be helpful to get a letter from your doctor to confirm that you have a rare metabolic disorder and that you are currently having this investigated to find an underlying cause.

It is a form of disability, and if the doctor can put in the letter that it is a form of disability it might help as it is difficult to fire someone with a disability - they should be taking steps to assist you.

If necessary, see an employment soliciitor, some are free - you can phone citizines advice as well (if they are still there and the government hasn't closed them down??)

Good luck
Maureen

#4
20th April 2011
teandtoast2
Member

Join Date: Oct 2009
Posts: 41
Blog Entries: 2


Re: Fired for smelling?
Good advice above.
If your boss speaks to you explain is because of a medical condition and if need be get a Dr notes to verify this.
If they then went on to fire you then you would be able to take them to a employment tribunal and get compensation.

#5
21st April 2011
hope for the future
Junior Member

Join Date: Mar 2010
Location: London
Posts: 15


Re: Fired for smelling?
Dear all,

Thanks for all your great advice.

I have been with the company for about 9 years now. Am just going to see what happens for the moment.

HFTF

#6
21st April 2011
magsie
Senior Member

Join Date: Apr 2010
Location: Burton upon Trent
Posts: 222


Re: Fired for smelling?
Hi Hope for the Future,

Stay strong, be determined, hold your head up high and don't let the 'b'...... get you down.

There have been a few court cases regarding people with odours at work.
A young man worked in a warehouse and was having good reports about the standard of his work from his manager. Then people were complaining about his very smelly flatulence, which seemed to be out of control.. He was then asked about it in a meeting, and then produced a leaflet from his medication for depression, and one side effect was flatulence, he apologised and said that was what was causing a problem. Then he was sent a letter saying he was being sacked, and when he asked they said his standard of work was very poor. He took them to court & won on discrimination.
Another case was when an attractive woman started work with a new firm of solicitors. The other women staff seemed to gang up on her and had a bullying campaign. They would complain about a bad smell in her office and how she looked a mess. She was a high earner and had nothing wrong health wise and looked smart.
She tried ignoring them and when she eventually told a male boss what was happening he thought it was funny. She kept enduring theie behaviour/complaints about smells, and it affected her health, and she had a nervous breakdown.
Before she returned to her position the firm sent her a letter sacking her.
She took them to industrial tribunal, during which they tried to pull on the mental state problem and made out she had imagined the behavour of the other staff. She must of been a very strong worman to have gone to court with them, and she won a very high payout.

Some employers have a line in the contract of employment people sign, that says about maintaining god hygiene standards and smart appearance.
They think ' a bar of soap's cheap enough'! But have no knowledge or understanding of health problems causing odours. No-one wants to live a life with odours about them and be unwanted by society.

If you work for a very large firm perhaps they have a company nurse, to which staff can be referred and him/her asks you questions and makes out a report and decides if you are fit for work or not. They may not know about TMAU, but at least they could look it up and believe what you're saying.

HR should not be able to allow staff to be sacked due to odour/medical problems. The problem is that management can then pick fault with your work, make you feel very uncomfortable and not stop other staff from audibly slagging you off!

#7
22nd April 2011
Jax.the.Max
Member

Join Date: Apr 2011
Location: MIAMI
Posts: 86


Re: Fired for smelling?
Quote:
Originally Posted by hope for the future
Hello all,

Does anyone know if people who smell of bad breath / body odour (but have tested negative for TMAU) can be fired?

There have been complaints at work about my body odour.

Let me know if anyone has had similar issues at work.

Thanks,

HFTF


@ Hope for the future,I got a question for you. Did you already smell bad when you got the job? and if so what do you think made them pick you from out of the lot

#8
22nd April 2011
hope for the future
Junior Member

Join Date: Mar 2010
Location: London
Posts: 15


Re: Fired for smelling?
Hello Jax.

Have smelt bad since I was about 6/7 years of age.

As a result I did still smell when I got the job years ago. However I think that I got it due to my educational background as I got good grades at school / university (the job was very junior compared to what I was qualified to do). However I applied for so many jobs after university.

I think the key is to not give up and keep on trying. The job that I applied for was a school leavers role and I worked my way up the company once I got my foot in the door. However it will involve working harder than other people and making a special effort to get along with people especially the ones who laugh and snigger behind your back.

You have to be strong and determined to survive in any company you work for.

Hope this is useful.

HFTF

#9
22nd April 2011
Mr. Stinky
Member

Join Date: Apr 2011
Location: Dublin
Posts: 32


Re: Fired for smelling?
Quote:
Originally Posted by hope for the future
However it will involve working harder than other people and making a special effort to get along with people especially the ones who laugh and snigger behind your back.
The people who snigger are more like animals than men and women.

#10
23rd April 2011
DrStillstanding2011
Senior Member

Join Date: Jan 2011
Location: Topeka
Posts: 126


Re: Fired for smelling?
Hello everyone, I work in Human Resources and employment law (NOT a lawyer), but I would have to know more about the termination.

IF the body odor can be listed or is listed as a "medical condition", then the employee may be covered under the ADA.

You can call me directly, (785)-286-7005 .

We also need to ensure the employee was performing the essential functions of the job correctly and/or there were no other problems that may have led to the termination.

Most companies have a "fire-at-will" policy, which basically says "hey we can fire/terminate anyone at anytime for any reason". While most companies have that policy in place, most companies want to avoid lawsuits and will normally only terminate an employee with detailed paper work (in case they have to go to court).

However; you and I all know that many people have been FORCED to resigned or fired/terminated for unjust reasons.

IF you feel your rights have been violated in the work place, do not overlook going to the human resources department in your company, and/or filing a legal complaint with the local Human Rights Commission, Human Relations Commission, and/or with the Federal Equal Employment Opportunity Commission (EEOC). STAND UP for YOURSELF!

TMAU was NOT meant to be a death sentence in terms of being able to secure and retain employment gang.

Thank you.

Very Sincerely,



Cheryl Fields
Dr. StillStanding
(785)-286-7005
E-mail: [e-mail]

PS: For those that do not want or have access to e-mail, you may write me at: Cheryl Fields, 2535 S.E. Adams Street, Topeka, Kansas 66605-1232 (USA). You may forward my contact information to anyone you all feel may benefit. Whatever I can do to help.

#11
23rd April 2011
DrStillstanding2011
Senior Member

Join Date: Jan 2011
Location: Topeka
Posts: 126


Re: Fired for smelling?
One more thing, if there is an OSHA complaint, you have a right to ask to see the summary of the complaint and the details, as the employee with the bad odor (or odor) may be covered under the ADA.

That is the $35,000.00 question! (sigh!)

Cheryl Fields
Dr. StillStanding
(785)-286-7005

#12
25th April 2011
hope for the future
Junior Member

Join Date: Mar 2010
Location: London
Posts: 15


Re: Fired for smelling?
From Archive 20/04/11
DoctorStillStanding,

Thanks for your posts.

I haven't been fired yet...I am hoping to still be able to work where I do. Also no one has mentioned anything yet (I have just heard senior managers discussing me and saying that something has to be done about my bad smell).

I have tested negative for TMAU.

HFTF

[jo hanson]

i'm at a new job where i'm sure this is being considered . Here , in the US ,it depends on local laws. When the time comes ,they will make another excuse to fire us . They have lawyers .
Its very hard to set up rapport with co-workers and bosses where we can be open about our odor issue . Its very hard to get up the gall to confront and inform anyone about this issue . Often there can be religious mindsets that feel like its our fault . They resist understanding or knowledge , cause its not 'macho' . The whole situation can make one want to get fired . Only then can we relax enough to step back and see the injustice of what happened .

I was 1st to be laid off from my last job . I was a great worker but didn't fit into any cliques due to odor and anxieties . In the workplace , work is in NO WAY the most important thing. The primary objective is to get along with co-workers and bosses . If they like you ,they'll put up with Anything .

[adrianmcc]

That is actually a veru interesting point. The cliques and social groups that are present at work often form a kind of group dynamic. Where the group makes decisions as a whole and so if one turns against you the atomatically the rest of the group will. This can make fitting at work very difficult. Especially when co-workers begin to place the blame on you when things go wrong. Being outside the group it is usually the most likely situation.

[Arun Nagrath]

Hey Skunkhugs,
I know it's really hard to get the rapport going but one thing I've tried helps. Chat one to one with your colleagues and focus on THEM. Ask them what they did last night, what team they support etc.

If anyone asks me about myself I soon direct the conversation to revolve around them. This makes us less anxious and makes them feel more important.

Adrian, I know what you mean when you say Being outside the group it is usually the most likely situation. We seem to permanently live in Coventry (the expression 'gone to Coventry').

Hey guys, 3-4 years back, there was a case of a girl in the UK being discriminated at work about her faecal odour. Two other girls at work used to make farting noises whenever she walked.

She got a friend at work and confided in her and asked her to secretly note what was going on. She also informed her bosses but they took no action and the harassment continued. She left due to stress but then took her bosses (not the 2 girls) to court for not acting and they had to pay her between half to 1 million pounds in compensation. Wooohoooo!!

If anyone finds the article, please post the link here as this is the kind of thing we need to see on this thread!
Arun

[Arun Nagrath]

Hi dude,
I will post about the Survey once we get a few more people visiting the Halitosis Subforum. I have brought a load of Archived messages over from the previous forum to encourage more postings about Halitosis.

In the survey, I will give most importance to replies from members who have partners that gave them feedback. This is the ideal situation, albeit pretty rare.

I think tests such as SIBO, gut permeability tests etc are worth a try.

Normally, urine is sterile so we shouldn't have any large numbers of bacteria in the urine unless there is an infection. This often produces some symptoms though eg smelly urine, painful passage of urine, blood presence etc.

Instead, what may be present in urine are smelly metabolites like trimethylamine etc.

[missama]

Hi all.....I'm really upset what happened yesterday at work I've only been Nat this job fo 3 month and ivebeen doing really well my manager took me into the HR department and told me there was an odor comming from my desk can I get fired for this? I've always been very clean and now this! My xo workers say I don't