My boss reprimanded me and some of my other coworkers for avoiding a smelly coworker.

[joel666]

I am a 34 year old male and i work as a web developer. I am fairly good at it my work and get along with most other coworkers.

But there is this one coworker that started 2 months ago. I will refer to him as tom.

Tom is good at his job but there is problem with him.

Ever since i met him for the first time, he always had a strong stench to him. His odor is a mix of weed and unwashed body odor and on top of that, his breath smells really bad.

But i always tried being polite but me and some of my other coworkers who also noticed how bad he smells avoid him but we tried not to be rude about it.

For examples. When tom would sit near us, my coworkers and me would tell each other "why don't we go seat over there. This table is a lot cleaner. Why don't we use this computer instead. This one is kinda slow. When you come back from the bathroom, join us on that other table next to the window.

And when we would be in the lunch break room, we would stand there, wait and see where tom would sit and we would make sure not to sit next to him.

But on the bad luck that he would sit right in front of us, i would cover my nose with my hand. And my other coworkers would do the same.

But again we try not to show our disgusts. We don't gag or make any disgusted facial expressions.

But just a week ago, our bosse called me into his office and he tells me that tom feels excluded and me and the other coworkers are creating a toxic work environment and my clique attitude will nog be tolerated.

I admitted to my boss why we avoid him. I told him that i cannot stand the stench coming off tom.

My boss argued and said this is disrespectful and he could very well have a health condition that causes him to smell unpleasant.

My other coworkers later told me that they also got reprimanded.

How would you deal with this ? Health or not, i cannot stand smelly people. I try not to be rude but when someone smells bad my first instinct is to avoid them.

The most embarrassing way possible would have been to loudly say "Boak, let's get away from stinky Tom!".

At least they found non-embarassing excuses, even though it was obvious to everybody what the real reason for the need to move was.

True, but if you choose not to disclose it, surely you can't expect them to make adjustments or allowances for your disability.

Thus they'd have no practical alternative than to assume the obvious and most predominantly likely (non-disability-related) reason.

Just like, if you randomly swore all the time in the workplace but chose not to share your diagnosis of Tourette's, they could only reasonably assume that you actively paid no heed to acknowledging appropriate language and discipline you for it.

I agree

There are far more embarrassing ways they could have acted if it was their intent. But it wasn’t, so still not spiteful.

Surely you boss has had a word with him? If not speak to HR.
Invite him for a lunchtime swim n shower?

Or go out for a coffee with him and say something! You don't have to be mean. Just dude- can you smell weed?

Wtf don't do either of these

We had a "Tom" at an office I worked in. He too smelled of weed. We didn't say anything to him, but I was the person who was asked by my team mates to speak to the manager. I asked what company policy was regarding drugs, as "Tom" smelled of it. As it happened my boss had had her suspicions about him and also had problems with his performance, and as he was still in his probation period he was asked to leave.

Nothing worse than BO and also heavy cologne.

Friend of DH does this. He is very much a big intimidating alpha male. He showers daily, heavy cologne but certain no antiperspirants or deodorant. He has wet underarm staining growing throughout the day, and I feel that he revels in his masculine odor which is very awful & strong by dinner. Don’t know how his wife copes unless she loves it. They stayed with us on holidays once, I had plenty of time to notice that he did shower every morning. But just not an antiperspirant or deodorant user. Just the heavy cologne

Isn't it strange that hasn't happened and it's op and his pals who have been reprimanded.

There are some (I accept Tom may not be one of them!) where adjustments make little difference to their problem.

Dismissing them may be legal, but it’s disgusting.

My genuine view is that if the employee is good at their job, and all steps have been taken to resolve the situation, then the rest of the team should be mature enough to get on with it. Anyone unable to do that wouldn’t be welcome in my team.

I’d far rather employ someone “stinky” but unable to do anything about it, than anyone who would make that persons life miserable, or want to see them sacked for it. I don’t employ bullies.

Well, obviously if you want the protection of the law you declare the disability to your employer, yes. But that disability doesn’t have to be declared until the employee feels it necessary - and at the point of declaration the employer has a duty to make reasonable adjustment. The key word here being ‘reasonable’.

No. Because Tom got in first. OP and his buddies should have made the manager aware of the problem as soon as it arose, but instead they chose to behave like children and gave Tom legitimate cause for complaint. If he also declared a disability at that point, OP and friends will be in breach of the law if the behaviour continues. The manager should be working with everyone to try to find a solution.

It’s about perception. And Tom perceived that OP and his colleagues were excluding him. Assume that Tom has declared a disability to the manager - if Tom ultimately left or was dismissed, and brought a case for unfair or constructive dismissal, co-workers behaviour would be examined as it speaks to his treatment in the workplace. Not to determine whether or not it’s spiteful, but whether it amounts to discrimination.

But then you risk losing the other good employees. I wouldn't tolerate working alongside someone who stinks.

The team leader needs to sort this out and find something that works within the law.

I don’t believe I would lose good employees.

If the reason that person ‘stinks’ is unavoidable, and any possible steps had already been taken - it would be the people who weren’t tolerating it that were being unreasonable.

They can manage their response and behaviour toward someone with an unavoidable issue, or work elsewhere.

You'd be wrong. It's amazing you have any good employees though, if you generally treat them so poorly. Who would treat their staff with so little respect?

I don’t. I expect all of them to treat each other with respect, regardless of position or title.

They don’t have to like each other, but I won’t accept unkindness and intentional exclusion.

OP clearly hasn’t been treating his colleague with respect. We can go over the “reasons,” but there are none, it’s never acceptable to treat someone that way.

Expecting your employees to work and eat in close proximity with a terrible smell is categorically not treating them with respect.

You’re missing the point.

In the event that the issue isn’t self caused, and has been managed as best it can be already, what else would you like to happen.

If you’re genuinely suggesting that the other person, with an unavoidable issue, gets sacked for your benefit - I think we both know who’s in the wrong there.

If the issue isn’t self caused and is down to a health problem which constitutes a disability, then the employer has a duty to make reasonable adjustment. The key word here is reasonable. The employer also has a duty to other employees and can’t expect them to just put up with something that’s having a detrimental effect on the workplace. If all possible solutions have been explored and nothing has worked, then the employer is within their rights to terminate Tom’s employment. It’s not ideal, but it’s not illegal providing the employer can show any prospective employment tribunal that they have made every effort to comply with reasonable adjustment.

That’s fair enough - I don’t doubt the legality of dismissing someone for an unavoidable issue that doesn’t affect their capability.

Legal or otherwise, I wouldn’t do it.

I’d be far more inclined to dismiss someone for something they can avoid. Like sustained bullying and harassment in the workplace.

If the OP is saying that the colleague's unpleasant smell is partly that of weed, or in other words, an illegal drug, then I don't agree with the manager one bit. The manager is indirectly condoning the murders and other harm caused by the illegal drug use.

Where the OP and his colleagues have been wrong is not raising the issue with their manager to begin with. Making faces or covering their nose maybe once, but not repeatedly.

They wouldn’t if they had a decent working knowledge of employment law applying to the workplace itself. The law doesn’t demand that other employees take a back seat to the needs of a disabled person to their own detriment. Reasonable adjustment means just that - reasonable. And if none can genuinely be found, it’s not illegal to terminate the disabled persons’ employment.

I think if this poster expects their employees to put up and shut up as they have described here, then they clearly don’t understand that their duty isn’t solely to the disabled person, but to all their employees, and it’s inevitable that they will one day find themselves embroiled in a constructive dismissal claim as a result.

So what happens when other staff members start leaving? I would be unable to work with Tom without retching if I had to be near him, it wouldn't be deliberate, I just wouldn't be able to help it. I couldn't work like that and so would have to leave and would be honest at the exit interview about the reasons why - Tom stinks and I can't work in that environment.

That was aimed at me 😂

This poster acknowledges the law, and isn’t questioning it. She is however pointing out that whilst it isn’t illegal to dismiss someone as a result of their disability, it is immoral.

She is also making clear that anyone with the morals that would allow for a disabled person to be dismissed as a result of their disability, wouldn’t fit into their team or company culture.

It may be legal to employ dickheads, that doesn’t mean I have to or intend to.

The people we employ are good people, with decent morals, who respect each other because of their attitudes, values and work, and not because of their uncontrollable circumstances or needs.