Discrimination?

[marchy91]

Hi, I have also just posted another topic which is partly related to this but didn't want to ramble too much!
In January this year I was in hospital for a couple of days and then signed off of work for a eweek by a doctor due to diabetes stuff...
I then had a couple of days off sick as I was again unwell with blood sugars being bad...
My employers exact words to me were " We have changed your hours as you cannot do such a critical job role because of your diabetes" and they cut my hours by two hours a day as well.
I then had a hypo at work and so had to sit down for a bit, and was told I had to take this out of my lunch break.
I have spoken to my Mum about this (I'm 19 but have my own house etc) and she says there's a case for disability discrimination...just wanted to see if anyone else had any views about this??
Thanks for reading

 

[mrburden]

I don't know the up-to-date employment regulations but I do know that, about 10 years ago, when I was suffering with diabetes related conditions that caused me to need repeated time off work my employer eventually asked me to attend a GP's appointment for a medical report (which they paid for). The employer then was able to end my employment, acting on the content of the report, and covering themselves by stating that it was a matter of health & safety.
I can't imagine that much has changed and I guess that disability rights have become more powerful recently. I would expect that any job change resulting in a loss of money for the employee would need to be mutually agreed between employer/employee, unless recommended by a company nurse or your GP. I think that you should get some advice from your local CAB as they are very good on employment law.
There are a lot of "fine points" regarding employment and illness, so I suggest that you document everything that happens (dates/times of incidents at work and sick days, who deals with you, who tells you things like "you have to take less lunchtime as a result of hypos" etc). All these things are evidential if you have to go to a tribunal or arbitration.

 

[bowell]

See CAB for advise ASAP
http://www.citizensadvice.org.uk/

You will need to start Raising a grievance at work asap
or if you are a member of a union get them involved
see ;http://www.direct.gov.uk/en/Employment/ResolvingWorkplaceDisputes/Grievanceprocedures/DG_10027992



The law automatically gives you rights to take time off work
This time off will not always be paid.
Ref: link below

Advocacy/Employment_Advocacy_Pack_see link
http://uk.sitestat.com/diabetes/web...ts/Advocacy/Employment_Advocacy_Pack_2010.pdf

Bob

 

[blonagael]

Good advice from these guys.

I recommend the diary, and write everything you remember in it. It's going to be very useful for you. Unsympathetic managers can end up in hot water if you receive negative treatment relating to the diabetes. There's a case called BT v Pousson that shows the kind of possible consequences.

I spoke to the Employment Medical Advisory Service about conditions at my place of work, and found out that they're legally obliged to provide a private room for employees such as diabetics who need to monitor and take medication. This applies if it's a large business, I was told. If you read my post about having a hypo at work, it might be of interest. I'm waiting to go to an employment tribunal, and will update my posts when it's all concluded.

I think it's atrocious that you've been penalised for having a hypo, by having to pay back the time. It sounds like a failure to allow a "reasonable adjustment", which is a phrase you'll find might apply to your case.

http://www.eortrial.co.uk/default.aspx?id=1094893