Is my work discriminating me ? (Advice Needed)

[paul1183]

Hi everyone who reads this I need some advice on my situation with my work and thought maybe some people on here could maybe help me out or give me some advice on what I can do so I'll explain to you my situation over the past 3 months,

August this year I was admitted to hospital with DKA and was diagnosed type 1 and kept in hospital for 5 days and put on Lantus and Novorapid. So after some discussion with my DN and my GP I was told it would be best that I had some time off work. I work full time hours for one of the big supermarkets in one of the superstores on nightshift I also travel 26 miles on 2 buses which takes me 3 hours each night and 3 hours travelling home in the morning after my 10 hour shift. So my doctor had advised me to gain some good control before returning to work and my DN told me to try seek a new position at work maybe on days and to a store that is closer to my home as there is a store which is 10 mins walking distance from my home.

So I handed in a sick line which was for 12 weeks and in the 12 weeks I have really struggled with my control I'm on set doses of my insulin and in the beginning I had high blood glucose readings then i had good control for a few weeks with the odd high and low blood glucose readings. Then in the month of October I had lots of hypos I feel this was mostly because of being on set doses and trying to eat the right amount of carbs I'm still in the honeymoon period so I haven't done Dafne or anything Just managing with basic carb counting also my partner gave birth to our son 3 weeks ago today which problay had an effect on my levels as I was doing much more aswell. After having lots of hypos last month I have now been suffering with severe anxiety which is totally out of character for me as I have always been really confident and outgoing which just is not like me now I haven't had a hypo in 7 days and I was due to go back to work on Sunday however after a discussion with my GP he has advised I take another 8 weeks off and go back in the new year and try to get rid of my anxiety in the time I have off work.

In my first 12 weeks off work I have had no support off my work at all for it being one of the big massive supermarkets in the uk also I have been offered no help and communication with them has been really poor on there part (not mines). My DN told me to speak with my company's occ health so I phoned up H.R and I asked to be referred to occ health which took almost 8 weeks for them to get in touch with me and when they did I had explained to occ health my situation with my diabetes and having hypos and suffering the anxiety. I also explained to him that the distance I travelled to work and with working nightshift that I could only manage to get an average 4/5 hours sleep a day on a working night because of my traveling to the store I work in and he agreed it would be really hard for me to have good control of my diabetes being on set doses while doing this and travelling such a large distance he then told me that he was taking me off nightshift and that he would speak with my HR manager telling her that I would benefit from a move to a day shift position with a move to a closer store especially with one being 10 mins walk from my house. So all sounded good I felt better after speaking with occ health I thought ok I will get a move to a closer store and although it's a £360 a month drop in wages going onto days I thought positive and that it would benefit my health and also my family.

Then today I spoke to my HR manager and she told me that they are not moving me to any other store and that I will be put on days on a phased return to work for 4-6 weeks then I would be put back on nights in my store I'm at just now. Which just puts me back to square one again with my work

is this discriminating me at work ? Can my employer do this make adjustments for a few weeks then take them away again ? Do I have a case against my work ?

I'm really keen to get back to my work as I have a family to support I just don't think travelling so far to work will help with me trying to manage my diabetes if anything it is only going to make me worse as I cannot get in a good routine or function properly on 4/5 hours sleep for 4 nights of the week.


Sorry if I have bored you's with all this but I'm at breaking point with my work and my situation and was needing some advice as I have no clue about the stuff and what my rights are. Any help or advice would be much appreciated thanks for reading.

Regards. Paul.

 

[johnbear2]

If students who work for the big supermarkets can transfer, then it should be no different for your situation.there should be no reason they cannot move you to a closer shop.i have myticondrial type 1 diabetes, and work as a security guard doing various shifts including night shift. I have had diabetes for 10 years.you have to speak to someone to get on dafne course. Also ask dn to write down how to control carbs.if you are more active tou need less insulin, less active more insulin.

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[johnbear2]

Your work should make adjustments for you, as the big supermarkets I work in do (security in tesco stores)

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[catherinecherub]

Re: Is my work discriminating me ? (Advice Needed)

This document explains your rights in the workplace.
http://www.diabetes.org.uk/Documents/Ad ... 202012.pdf

I suggest you phone the careline at diabetes.org.uk and ask for some advice.
http://www.diabetes.org.uk/careline

Citizens Advice Bureau may also be able to answer your queries.

 

[mo1905]

Re: Is my work discriminating me ? (Advice Needed)

Your employer is required to make "reasonable adjustments". This is both a good thing and bad. You are covered under The Equality Act, great, however, reasonable adjustment is impossible to quantify. Who decides what is and isn't reasonable ? In my opinion, it makes sense to move you to a closer store on days. Hopefully your employers will make the correct decision. My point is though, lots of people will advise you that you can take legal action or contact Unions or CAB but if you actually read The Equality Act, it is very open to interpretation, lots of grey areas and extremely difficult to get specific advice.
On a different note, you may be better off on basal/bolus injections. Take a background insulin and then only inject when you eat rather than fixed amounts and having to eat to your injections. I think this may give you better control but possibly something to discuss with your healthcare providers. Good luck though and let us know how you get on.
Mo

 

[fractureman]

I work nights for one of the big supermarkets & have never had a problem with my diabetes. Am not in same travel situation you are though. I suggest you join Usdaw they will help you I'm the union rep at my store & have delt with medical stuff before for members.
Why don't you just put in for a transfer of store lots of people do this.
Know your in early stages of diagnosis, your on basal/bolus already once you get your lantus does right, by checking sugars after sleeping you can then move onto working out your ratio for novo rapid ie if you eat 10g of carb how much rapid insulin you need to take.
I've never been on set amounts of insulin even when first diagnosed, times you went hypo think what you eat & how much rapid you took next time reduce dose by a unit or 2.
If you survived work pre diabetes I'm sure you can now. Must admit I work 10 hour night shifts but wouldn't travel 3 hours to get there & back cos the pay is ****. You must work for tesco cos I don't get that ammount of shift premium with my company it's only £241 a period & friends who work for Asda don't get £360 a period either.

Good luck if you need any help let me know


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[paul1183]

If students who work for the big supermarkets can transfer, then it should be no different for your situation.there should be no reason they cannot move you to a closer shop.i have myticondrial type 1 diabetes, and work as a security guard doing various shifts including night shift. I have had diabetes for 10 years.you have to speak to someone to get on dafne course. Also ask dn to write down how to control carbs.if you are more active tou need less insulin, less active more insulin.

Hi johnbear. I have been asking for a move for nearly 2 years and my work just won't move me I was on a disciplinary so It wasn't easy trying to get a move from them they just always came back with we can't move you due to your disciplinary. I have been asking my DN about doing DAFNE but they have said to me that they won't put me down for until I have finished the honeymoon period. I'm doing just basic carb counting and I'm fine with that it's just learning when and how to adjust my insulin that iam not confident with as I need to phone my DN with my levels on a weekly basis and she tells me to reduce or to take more insulin.

 

[paul1183]

This document explains your rights in the workplace.
http://www.diabetes.org.uk/Documents/Ad ... 202012.pdf

I suggest you phone the careline at diabetes.org.uk and ask for some advice.
http://www.diabetes.org.uk/careline

Citizens Advice Bureau may also be able to answer your queries.

Thanks for the links catherinecherub I will give them a call thanks again.

 

[paul1183]

Your employer is required to make "reasonable adjustments". This is both a good thing and bad. You are covered under The Equality Act, great, however, reasonable adjustment is impossible to quantify. Who decides what is and isn't reasonable ? In my opinion, it makes sense to move you to a closer store on days. Hopefully your employers will make the correct decision. My point is though, lots of people will advise you that you can take legal action or contact Unions or CAB but if you actually read The Equality Act, it is very open to interpretation, lots of grey areas and extremely difficult to get specific advice.
On a different note, you may be better off on basal/bolus injections. Take a background insulin and then only inject when you eat rather than fixed amounts and having to eat to your injections. I think this may give you better control but possibly something to discuss with your healthcare providers. Good luck though and let us know how you get on.
Mo

Hi mo. Yeah I thought that they had to make reasonable adjustments and I think them moving me on to days is a reasonable adjustment but to the take it away again and put me back on to nights can they do that ?? Iv had a look at the equality act and things over the last days. Yeah it would make sense to move me to closer store but there just not willing to do it so far I have been trying to get them to move me before diagnosis and had no luck with them. Anyway I have a meeting with them next week to go over occ health report so I will know more about the situation after the meeting and keep this post updated on whats happening thanks for your advice.

 

[paul1183]

I work nights for one of the big supermarkets & have never had a problem with my diabetes. Am not in same travel situation you are though. I suggest you join Usdaw they will help you I'm the union rep at my store & have delt with medical stuff before for members.
Why don't you just put in for a transfer of store lots of people do this.
Know your in early stages of diagnosis, your on basal/bolus already once you get your lantus does right, by checking sugars after sleeping you can then move onto working out your ratio for novo rapid ie if you eat 10g of carb how much rapid insulin you need to take.
I've never been on set amounts of insulin even when first diagnosed, times you went hypo think what you eat & how much rapid you took next time reduce dose by a unit or 2.
If you survived work pre diabetes I'm sure you can now. Must admit I work 10 hour night shifts but wouldn't travel 3 hours to get there & back cos the pay is ****. You must work for tesco cos I don't get that ammount of shift premium with my company it's only £241 a period & friends who work for Asda don't get £360 a period either.

Good luck if you need any help let me know

Hi fractureman I'm in the usdaw union Iv had some help from my shop steward but he is also off sick just now so yesterday he gave me the union head office number to call and I phoned and spoke with them and they told me to set up a meeting with my work to go over the occ health report so I have a meeting next Tuesday with the store deputy manager. I have tried putting in for a transfer but they said my disciplinary will stop me from getting a transfer however my disciplinary drops off in December and I'm due back to work on the 14th January so by the time I go back I won't have anything like that on my record.

I don't have a problem working on nightshift just it would be really hard working nights on the store I'm in just now because of the travelling I need to do I really struggled with it at times before diagnosis so I think it would be more of a struggle now. And my DN and GP suggested that I try get onto working days and in a closer store if possible, I have put down the wrong amount of my shift allowance I just checked a wage slip and it's the same as yours so I think we both work for the same company so you may be able to help me with some stuff which would be great any advice you could give me about what I can say to them at this meeting I have next week I spoke with the store deputy manager yesterday and said I didn't think them putting me on days for a few weeks then back on nights was reasonable and when I said to him I need to meet in the afternoon as it takes me 3 hours to travel to the store even he was really shocked. Can I say to them I can only work on days ? And can I say to them about moving me ? Is it possible they could just move me to another store if it's recommended by my DN and GP ?

Regards. Paul

 

[izzzi]

Re: Is my work discriminating me ? (Advice Needed)

Hi Paul,

he then told me that he was taking me off nightshift and that he would speak with my HR manager telling her that I would benefit from a move to a day shift position with a move to a closer store especially with one being 10 mins walk from my house.

Your HR manager does not like to take advice from head office by the sound of things.
I only hope upper management will take everything into consideration and act accordingly in your favor.
At this meeting try to give as much evidence as possible that you had to wait 8 weeks for occ health to contact you.
Also make sure that you take all the documentation relating to your current health,also a simple summarized attached sheet may help.
You can see my point, your HR manager did not respond to your request using proper procedures. (something has gone wrong at a local level).
Whatever you do dont drop names as it does not help.
Good luck
Roy.

 

[paul1183]

Hi Paul,

he then told me that he was taking me off nightshift and that he would speak with my HR manager telling her that I would benefit from a move to a day shift position with a move to a closer store especially with one being 10 mins walk from my house.

Your HR manager does not like to take advice from head office by the sound of things.
I only hope upper management will take everything into consideration and act accordingly in your favor.
At this meeting try to give as much evidence as possible that you had to wait 8 weeks for occ health to contact you.
Also make sure that you take all the documentation relating to your current health,also a simple summarized attached sheet may help.
You can see my point, your HR manager did not respond to your request using proper procedures. (something has gone wrong at a local level).
Whatever you do dont drop names as it does not help.
Good luck
Roy.

Hi izzzi my hr manager has been a bit of nightmare she is never in store and never returns calls either when she is on store I phone up and ask when she's in store and my manager never seems to know.

Does the deputy manager have more authority than the hr manager when it comes to moving me and changeing my shift ?

What do you mean by my hr manager did not respond to my request using proper procedure ? What procedure should she have used ?

Regards. Paul.

 

[izzzi]

Re: Is my work discriminating me ? (Advice Needed)

Hi Paul,
The deputy manager does not have authority over the Head Manager.

large stores etc; have head office departments that deals with problems like yours.These dept's; carry authority over all store managers, these dept's also use legal guidelines and internal procedures that store managers may not fully understand.
Proper procedures will be the companies rules that all staff should adhere to.

I do not think your HR manager used or treated you in a manner that the company she is employed by would recommend.

However lord knows what strings will be pulled in your absence.

I wish you all the best and hope they use simple common sense in your case.

Roy.

 

[paul1183]

Hi Paul,
The deputy manager does not have authority over the Head Manager.

large stores etc; have head office departments that deals with problems like yours.These dept's; carry authority over all store managers, these dept's also use legal guidelines and internal procedures that store managers may not fully understand.
Proper procedures will be the companies rules that all staff should adhere to.

I do not think your HR manager used or treated you in a manner that the company she is employed by would recommend.

However lord knows what strings will be pulled in your absence.

I wish you all the best and hope they use simple common sense in your case.

Roy.

Hi izzzi, ok a thought maybe with my meeting being with the deputy manager then I thought he would have some sort of power when it comes to moving.

I'm actually considering going to the regional hr manager with this as I feel my hr manager has handled the situation really badly do you think it's too early to go to regional HR ?

Yeah she's not been very good at her job so far first time I spoke to her and explained my situation to her she hit back with you only have diabetes and your not the only person who works for the company who has it.

No doubt they will try n pull whatever strings possible they support from them is non existent for the size of company they are I'm totally shocked and disgusted with them to the point I feel like walking away from my job but I know that's not wise but just how they make me feel.

Regards.Paul.

 

[fractureman]

Hi Paul sounds like we work for the same company. To keep things off public internet can you inbox me on here please.
I would not go to regional hr yet, as you have to show that you have tried to solve things at a local level.
I can give you the number for your local union office so they can get the area organiser to contact you as any meetings you are entitled to be accompanied by a union official.
Deputy managers do have more say than an hr manager, at my store deputy & store are very helpful & understanding but know it differs from store to store
Greg


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[izzzi]

Re: Is my work discriminating me ? (Advice Needed)

Hi Paul.

Greg makes good points and to pm him is a very good idea.

best of luck
Roy

 

[paul1183]

Re: Is my work discriminating me ? (Advice Needed)

i have sent you a pm Greg.

and thanks again Roy

i will keep this post updated.

Regards.Paul.

 

[paul1183]

Re: Is my work discriminating me ? (Advice Needed)

Just wee update on my situation,

Had meeting with work today was told i was getting a move as a reasonable adjustment but for 3 weeks as there is no permanent job there for me (But they can create a temp move for me i find strange) i don't feel this is a reasonable adjustment if there going to take it away been advised by the union to take the temp move and then fight it when they want me to move back but i would prefer to fight it now and go back to normal without having to go back to work to then fight with them again for the same thing i have asked for from the start i went in to meeting with occ health report which states i would benefit with a move to a closer store also produced a letter from my gp stating that a move to a closer store will benefit and that my gp fully supports this but none of this made any difference so considering taking it to higher level and possibly going down the grievance procedure i will be seeking advice on this tomorrow any advice from you guys would be great thanks.

Regards Paul.

 

[izzzi]

Re: Is my work discriminating me ? (Advice Needed)

Hi Paul,

Could be that is them using a type of inhouse trial period.
(period of employment during which the other store/dept; can
carefully consider whether you are able to meet the
standards and expectations of the team or if they like you)
In fairness this could be in your favor,as being closer to home etc; you will be able to work much more effective for them.
Lets hope this so called 3 weeks will be permanent.
Also you must try to meet all their requirements as your union states, so you can form a reasonable fight if things do not work out.
(little tips: during this 3 weeks make sure your are pleasant, smart, clean and do not inform other staff why you are there for the so called 3 weeks. "They may even think your are a mystery person from head office checking on them", so most of all enjoy yourself)

Best of luck Roy.

 

[paul1183]

Re: Is my work discriminating me ? (Advice Needed)

Hi Paul,

Could be that is them using a type of inhouse trial period.
(period of employment during which the other store/dept; can
carefully consider whether you are able to meet the
standards and expectations of the team or if they like you)
In fairness this could be in your favor,as being closer to home etc; you will be able to work much more effective for them.
Lets hope this so called 3 weeks will be permanent.
Also you must try to meet all their requirements as your union states, so you can form a reasonable fight if things do not work out.
(little tips: during this 3 weeks make sure your are pleasant, smart, clean and do not inform other staff why you are there for the so called 3 weeks. "They may even think your are a mystery person from head office checking on them", so most of all enjoy yourself)

Best of luck Roy.

Hi Roy,
wish you were right about it being a trial period but just don't think it is my work have no interest in helping me move closer to home the occ health report suggested it also so did my doctor and they still haven't come up with them could just tell from there attitude at the meting and the way they were trying to use previous absences as an excuse not to move me and when i go back i will only have one absence and its for my diabetes tried to explain that they cant do this and got told back well we are not going to not tell any other store about your absence which is wrong i think as there not going to be on my record. Seems to me that they are trying to find an excuse and bend every rule they can to not move me closer full time.

However i understand what your saying about doing my best in this new role for the 3 weeks and it is something i will give my all to in the hope that the move can be made permanent suppose i will just need to hope for the best. trying to stay positive but its hard as i have had to fight with them for anything i have needed help with in the past and its never been easy always has to be fight the support for them has been really terrible i feel. Just don't feel that moving me to a store 10 mins away from my home for 3 week then moving me back to a store which takes me 3 hours to get too is reasonable.

Regards Paul.