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Hypo then given verbal warning, with possible dismissal
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<blockquote data-quote="Phil-Clements" data-source="post: 936796" data-attributes="member: 79838"><p>If you are on medication then you will have a degree of protection as being 'disabled' under the Equality Act 2010 and the obligation for the employer to consider 'reasonable adjustments' which allow you to carry on working. </p><p></p><p>Before going 'legal' however it is important to establish exactly <em><strong>what</strong></em> the employer is threatening disciplinary action for. Did you report sick at the earliest opportunity and to the correct person in line with any company policy? Did you submit fit notes in time and maintain dialogue with your employer?</p><p></p><p>A 'reasonable' adjustment would be that your employer should have higher threshholds at which disciplinary or capability proceedings might be brought for absence, <em><strong>where the absence is directly related to the disability</strong></em>. It would not for example excuse not reporting sick in line with policy or failing to submit fit notes at the correct intervals.</p><p></p><p>Depending on the size of the organisation, you should have access to an Occupational Health professional, or the employer may request access to your medical records. They would be most unwise to dismiss you without evidence that any illness was genuine and where this was connected to your Diabetes.</p></blockquote><p></p>
[QUOTE="Phil-Clements, post: 936796, member: 79838"] If you are on medication then you will have a degree of protection as being 'disabled' under the Equality Act 2010 and the obligation for the employer to consider 'reasonable adjustments' which allow you to carry on working. Before going 'legal' however it is important to establish exactly [I][B]what[/B][/I] the employer is threatening disciplinary action for. Did you report sick at the earliest opportunity and to the correct person in line with any company policy? Did you submit fit notes in time and maintain dialogue with your employer? A 'reasonable' adjustment would be that your employer should have higher threshholds at which disciplinary or capability proceedings might be brought for absence, [I][B]where the absence is directly related to the disability[/B][/I]. It would not for example excuse not reporting sick in line with policy or failing to submit fit notes at the correct intervals. Depending on the size of the organisation, you should have access to an Occupational Health professional, or the employer may request access to your medical records. They would be most unwise to dismiss you without evidence that any illness was genuine and where this was connected to your Diabetes. [/QUOTE]
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