sacked?!

ritfor

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Hi,

So my work invloves appox 30% international travel - meeting clients, visiting various places, offering support etc, things that have to be done as part of my job. Things that have to be done abroad.

I use a pump. Novorapid. I'm 34. T1 for 13 years.

This involves going to certain parts of Africa for a week or so once a month. The days are long, some longer than others, the travelling is tiring, the food is virtually non existent or inedible (anyone been to rural west African will know). So I live on bananas, biscuits, a bit of rice and bushmeat (or chicken) at unknown times of the day and at unknown frequencies.

I do what I can with it - I know the carb contents, I know my dosages etc for all these snacks but the heat, the hours, the lack of a proper meal and the unheaval, travel, lack of sleep etc really screws my BG. Flying really messes with it.

In the UK I'm a boring eater, but healthy: same b. fast, same lunch every day - same time, same BG, same dosage, same exercise, varied dinner of approx 6 - 8 differnt alternate things, same bed time, same wake up time, no drink, no smoke, anything and everything to maintain a good BG. My BGs are good, my HBA1C is good but could be better due to the weeks in Africa where my BG is simply unconrollable. My UK routine is out the window and I have no way of accurately controlling it.

I want to stop the travel and improve my HBA1C. It could be so good with my boring routine. It's strict but it works. The weeks in Africa are screwing me up. Been doing it for three years and want to stop as at my age my sugars need to be near perfect to avoid complications etc later on.

It's not that I can't travel. I can do my job. But I don't want poor BGs and HBA1Cs, I want good ones.

So, here's the question. I tell my employer I can't travel anymore / or don't want to to prolong my life. They tell me:

1. "You can't do your job then - off you go!"
2. "We'll let you be UK based and have someone else do the 30% you can't.

I can't be reassigned. I work for a US company, in the UK office. Only two roles exist in my office - mine and another that I'm not qualified or experienced in.

Where do I stand here? Am I in a bad position, likely to be told I'm on my way, or am I protected by legislation.

I'm also concerned that if they let me continue and be UK based in a "new" role, eventually that role will be made redundant. I like my job, my company, don't want to leave / be asked to leave but I have to stop travelling to improve, so I will be telling my employer, but where do I stand legally?

Thanks a lot.
 
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andcol

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I assume you took your job on knowing what it involved. It is difficult for the employer and you. I expect they will not want to lose you - it costs a lot of money to recruit and train. However, if they asked someone else to do all of your travelling then that person would probably be unhappy and say no.

So where does that leave you. You can try and negotiate - be aware that most American companies do not fully understand UK employment law. I would suggest you have a chat with an employment expert that advise you professionally. However, I expect you are at their mercy as you knew the role you were being employed for
 

IZ THE LEG END

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Legally I am not sure,

I also work a similar role to yourself at short notice but my travel is 100%.

I know where your coming from I have worked west Africa currently Saudi Arabia similar as such...

It can be difficult but I love the travel and makes me wake up in a morning and want to go to work...

It takes a certain breed to work like we do are you sure you'd even be happy in an office job?

I see my job as another challenge in my diabetes and a problem to solve, it can be difficult at times but I manage my BG whilst away pretty good I had a bad time just before Christmas but only because my body reached the point of requiring insulin... And I must stress I was in the uk for this...

Sorry I can't answer your question regarding legality but seriously think if you'd be happy in an office role, because once you tell them this they may well support you 10000% but there may be no going back.

Good luck and all the best
 

steve_p6

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Sorrry, but why not start applying for other jobs its far better to resign with a job lined up rather than get yourself into a forced departure? You never know something great may come up, there is mo harm in looking.
 

AndBreathe

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I'm not an HR person, so my best opinion is just an opinion, based on some logic.

My understanding is that although your employer must make reasonable adjustments to accommodate your diabetes, I would think if your request was the first signpost you're not happy, after a period of doing this, and apparently coping well with it, they'd be surprised and maybe less than chuffed about things.

Whilst you have a certain amount of protection, you do still have to be able to do the material duties of your job. 30%'of your times seems material to me. Should that be the case rock and hard place could be a decent descriptor.

If they did agree, if the other person in your role also undertakes 30% travel, would that mean they did 60%? Unless the other person is desperate to travel more (or don't like their wife!!), they would quite naturally want a hefty salary increase at least. In their shoes wouldn't you? Does that then make you unable to do the material duties of your job, and very expensive? That doesn't strike me as a great combo.

I haven't worked for any US companies, but I don't belief they're known for being pink, fluffy and accommodating. I think they're better known for being driven, cut throat, with the potential to pay well to those who go the extra mile (pun intended).

Good luck with whatever you decide.
 

Chook

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Getting importation information like this from an internet forum (no matter how friendly) is never a good idea. I think it might make a difference if you are working for a US company so you need to have a consultation with a lawyer specialising in International Employment Law specifically regarding your particular situation. Once you know exactly where you stand legally you can then make an informed decision as to what you want to do next.

It is definitely easier to get a new job while you already have one, so while you are seeking advice you might also want to start looking around. Hope it all works out. :)
 

tim2000s

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It doesn't matter whether the company is a US company or a UK company @ritfor. As long as you are employed under a UK contract, you are subject to UK employment law. As @AndBreathe has said, a company has to make reasonable adjustments, and I'd tend to agree that what you are requesting in your role wouldn't constitute that, especially as you seem to have taken the job on understanding the role.

In cases like this, you should always consult with some form of legal advice, but if you aren't happy and don't want to operate like this, then in your shoes I would be looking for a new job and making a pro-active change. Remember that that is something that you can control. You have no control over what your company chooses to do should you try and cease travelling.
 

Brunneria

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Ok, I know nothing about employment law, and precious little about sustained travel, so I'm not going to touch those.

But, as a short or long term coping mechanism, how about taking some camping travel pouches with you on your travels. The 'just add water' kind. Or some meal replacement powder shakes or protein shakes that you can mix up with just water and a shaking beaker. Both of those options would be light, easily transported, and give you more security and predictability with your bg control while on the road.

Hope that helps.
 

AndBreathe

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I worked for a US company helping them set up their UK outfit. Not only were there very clear differences in the employment law - but critically their understanding of those differences. I actually ended employing a solicitor to negotiate an acceptable exit for me. He was completely taken in by the schmooze approach they adopted and I actually had to coach him through my strategy to get what I wanted.

So you are covered by UK law and it tends to be quite fair and the employer really has to demonstrate they've dotted their i's and crossed their t's to get away with anything. But it's definitely worth bearing in mind that if you don't have UK based HR they may have a fairly creative interpretation of what your rights are.

The other thing I would say is that creating records of every incident and piece of communication you have is well worth while. In my experience of taking one employer to tribunal and threatening to take another, in both instances I won comfortably because I was by far the better prepared. And I'm talking details of conversations over months with dates, emails etc.

But you might find when you talk to them that they are entirely reasonable. Both of the organisations I had to take on where essentially sales organisations and they had a churn and burn attitude to staff anyway. You can get free advice about what your rights are. I think you can talk to ACAS for initial advice and / or citizens advice tend to have experts available on certain days of the week. An initial consultation with an employment lawyer probably c£100 for half an hour chat, some will offer for free but only if you have a live case. But solicitors are experts at skirting a subject without committing to any advice so these chats are limited value.
The U.K. Tribunal system's measure for decision making is firstly the law of the land, so any unlawful behaviour by an employer would not be tolerated, but then their consideration is reasonableness. For example, what would a reasonable person conclude from these circumstances. Sadly, reasonableness is difficult to define as "reasonable adjustments" differ from role to role, and opinions will vary, depending on the material duties and requirements of any given role.

An employer is not required to re-write a job description because somebody doesn't want to do something key to their role, and that they have been doing with no outward complaints or problems. That, I believe is where this one might get tricky.

If I were in the OPs shoes, and wanted my role to change, I would have to seriously consider what, even if the company agreed, I would be doing in the 30% time I had freed up, and very, very importantly, how that would benefit the company.

I think @IZ THE LEG END 's post is extremely worthy of serious thought too. I think he makes an excellent point, worthy of serious self questioning.

I do hope you find a solution, but I fear the change may be with you, more than your employer.
 
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tigger

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Acas are good to talk to and they are free. If you do enjoy the travelling consider what food you could take with. I have a friend who does this type of schedule and takes salami, olives,crackers and dried fruit. A bit boring after a while but it works for her.