Dear All,

Greetings for the day

I came across one situation in my friend’s case; I need all ur inputs on this.

My friend got selected in one of the reputed industry as Asst Manager -Purchases. He was hired through consultancy. He got offer letter and they have asked him to confirm the joining date at the earliest and they have told him that he has to undergo pre- employment medical.

So he have resigned his current job and confirmed his joining date . He attended medical test at that time the doctors have spoken to him in different way commented him for his heavy weight.

After that he was tried to reach the HR but she didn’t respond to his calls after two days she have sent sms to him that " the offer has been cancelled due to his High BMI and over weight- sorry- all the best".

I was surprised to hear that is High BMI and over weight is unfit for employment that to for private organizations.

If they have that criteria , by seeing himself at interview they can judge because he looks very fatty.

Whatever the case that HR should have minimum courtesy to call him and explain the reasons and make him comfortable

Based on this offer he resigned his current job and in handover process. This spoiled his career.

Why can’t they issue offer letter after medical tests? if they have their own standards.

And form consultancy people he came to know that HR is not interested in him from initial stage but due to functional managers decision she have issued offer.

What actions right now he can take?

What you people comment on this issue?

Thanks,
Satya

From India, Hyderabad
Hi Satya,
This is really weird to know. I do not see any conflict from your friend's side and he followed as he was guided. The reasons and comments from the new employer and the consultant are really odd and unprofessional.
If the interview was happened in formal way and in-person, there's no point raising the excuse of overweight. It really won't matter though. There are no such companies in India who have such criteria for recruitment unless they hire for a foreign assignment and that too subjective to code of medical conditions. Further, I am sure that the new employer mentioned the joining date on the appointment letter.
This is really a tricky situation and really lead to legal aspects. Before I say anything (I actually became speechless now), I would await responses from the other forum members.

From United Arab Emirates, Dubai
Thanks Anil for your quick views.

My friend has done everything as they guided , right now he is working in
top brand MNC.

The interview was happened face to face and 3 panel members done the interview ( 1 HR and 2 from Functional).

They haven’t released any appointment letter , they sent email offer letter and mentioned tentative joining date but there is clause that offer is subjection to conditions , should be through in medical .

But my query, is high BMI is medically unfit for employment??

If they have that they could have decided during the interview itself by seeing him otherwise they should send offer after medical.

Waiting to see how responses from other members
Thanks
Satya

From India, Hyderabad
They haven’t released any appointment letter , they sent email offer letter and mentioned tentative joining date but there is clause that offer is subjection to conditions , should be through in medical .

-- Yes, every letter of intent or offer letter carry such conditions/ terms. Unless the denial from the recruiter matches with the clauses that they mentioned in that offer letter, there's no way of cancelling an appointment wish such reason.

But my query, is high BMI is medically unfit for employment??

-- Overweight has never become a major issue in the corporate history... even in the foreign-tied domestic sectors. Further I am not sure whether that new role has any obligations towards such cases. If the domestic company is rolling out such criteria that might be industry-specific or business-specific. Otherwise, I don't see any point bringing this issue into the conflict.

If they have that they could have decided during the interview itself by seeing him otherwise they should send offer after medical.

--- now, this point shoots our own comfortability towards 'if's and 'but's ... one thing you should understand here that every company has certain guidelines to follow in terms of allocated budget as well. Coming to your point....

1) seeing him in the interview .... can you really judge the inner capability when you look at an overweight person? should we generalize the personalities by our assumptions without doing much analysis towards our requirement? ... This is where company introduces a process (fitness test).

2) they should send offer after medical ... this statement is quiet complicated because this is where one should commit/compromise the budget issues. If they offer after medical tests .... who will bear the candidate's expenses on medical tests in case of denial in employment.... Well, this is where company introduces 'clauses' (in their policy).

Hope this will clarify your question ... feel free to raise your points.

From United Arab Emirates, Dubai
Hi Satya, it is indeed a bad thing and even I dont believe, that can be happened and just bcz of overweight/heavy weight. That’s ridicules and not acceptable. How can they just cancel the offer because of his high BMI?

See although, there is no any particular rule or anything but maybe it comes under the company policy which were not allowing them to hire him with his HIGH BMI and they have refused and they have canceled this offer and the ignorance by the Employer in this regard is also not acceptable. Him must visit their and need to confront them and let them answers to your friend’s questions.

I have never across with this kind of thing in my life and have never heard that any candidate has just been snubbed by this particular reason. Really a very sad thing though A Medical Examination is required for some occupations and some Employers Test before interview by the Employers which is also becoming a common thing these days with the corporate culture.

One thing I wanna know from you, has he read the terms & conditions of employment before accepting the offer? Was he noticed any kind of clause /criteria about this HIGH IBM and kind of about the Medical Examination or anything.

And your friend, how can he resigned from his current job before accepting the offer or Signing any Employment /Joining letter or by just saying YES to confirming the joining date. Wasn’t he aware of that joining date can’t be confirmed before getting signed any Employment Letter though he was just going through the Medical Examination which is a part of Interview/Recruitment Process? He could he do this?

Well in your first massage you said that he has resigned but in your second massage you said he is working with a TOP MNC?? please clear.

And as per statement of Consultancy peoples where you have mentioned there, is also raising questions on the Employers and the quality of their work. “HR is not interested in him from initial stage but due to functional managers decision she have issued offer.” Showing the conflicts between management and departments and how HR personnel can issue a offer letter in that case.

And High IBM/Heavy weight cant be consider but as i said above maybe there is the company policy which was not allowing them to take this action further and have refused his employment with them. Generally this is not a problem anyway


From India, Gurgaon
I agree with you Anil and Susmitha but there is not just something suspicious and strange but are many things wrong with the Employer. As i have mentioned there is a conflict which was the main villain and they must not take action against him or cancel the offer letter while they were already aware of the physical condition of candidates or High IBM while conducting face to face interview.
Also if they have any kind of rule and policy that they will never hire any candidate with HIGH IBM, they must not go further and have rejected him in the initial stage…

From India, Gurgaon
Yes Anil, I read through your understanding and you covered it very well, except on one point ... resigning from the current job ... I really cannot comment on this because there are many points and decisions linked to such situations... If I were in his place, I would have done the same thing... may be, who knows?
Well ... I am really eager to see a firm response from someone on this matter. Thank you for sharing your opinion.

From United Arab Emirates, Dubai
Satya,
Your friend can put up a civil suit against such company for compensation as the offer sent to him has been accepted by him and now it becomes a contract. But the success of this case depends upon what had been written in the offer letter about the medical checkups and the acceptable standards.
The situation was really disappointing. But for the justice, your friend may take the shelter of court of law.
-----------------------------------------------------------------------------------------------------------------------

From India, Jaipur
Dear Anil,
Thanks for your clarification.
There were no terms regarding the medical fitness.. means on what criteria they would be deciding the Medicaally fit and this high BMI case.
Yours is very good point , they can even put terms in offer letter that their Employment Medical fitness norms so that we can have better understaning before taking any decision.
Well in your first massage you said that he has resigned but in your second massage you said he is working with a TOP MNC?? please clear.
Means his current employer... he is serving his notice period. Now he sent request to his current Employer for taking back his resignation have to wait for the result.
Thanks,
Satya

From India, Hyderabad
OK!! Thanks for this. Well yes he took right step and need to speak to his direct Boss/Supervisor too in this regard but must not disclose this story bcz this can cause him negatively. Also he has to give a strong reason to his BOSS for this change in decision of him that he wanna stay more with them.
I wish him a very best of Luck

From India, Gurgaon
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