sacked due to mood swing brought on by high sugar

XAN

Newbie
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3
My Mother has recently been sacked for gross misconduct as she called her twenty somrthing supervisor a vindictive *****. Yes I know this is an awful thing to say as dose my Mum. Not that my Mum can really remember this happening as her sugars were over 19 and once she got home over 23.

However the circumstances that caused this are interesting.
firstly My dad died in mid January
then at the end of the company moved an hour to an hour and a half further away from our homes.
then much of my mothers work was outsourced abroard and mucked up so my mothers job became more difficult than it was to do it herself.

Mum came back to work after dad died within a week
Although our employers offered her time off and less hours when dad died as soon as she returned they piled on the pressure , when mum asked if she could reduce her hours due to continual high blood sugar as she was driving when she should be eating. Mum was advised you an go ahalf hour early if your work is done and you make up the hours in your lunch.

the night before the incident as most nights sine the move mum had sugars over 20 her sugars droped to 3 in the morning and then bak to 19 by lunch it was during these high sugars after receiving an email from a 20 something demanding respect as her supervisor that my 60 something mother lost it.

Mum dose suffer from mood swings with her sugarsand has been through a lot this year she also suffers from low blood pressure and has a pacemaker and has hardly a day of work.

After the incident Mum fell apart mising Dad I think however our employers insisted on a disiplinary even though Mum was signed off with depresion and suicidle at times refusing her insulin and food . they refused to put back the date of the disiplinary until Mum was well again . Since being signed off Mum has been in hospital due to sudden passing out and fitting possibly caused by sudden drops in blood pressure she has also been banned from driving.

There have been other incidents at work sine Dads death including an incensitive manager sayin its unfortunate but it is good that now Dad is dead Mum can be used as a mobile member of staff , how charming !!!

Can anyone advise me where to get Mum help she is broke widowed ill and unemployed.
 

XAN

Newbie
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3
Tried the CAB they were meant to phone me back and didnt.

Ended up going to the law society who put us on to a solicitor at £250.00 per hour plus vat.
 

sugarless sue

Master
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Get back onto CAB tomorrow, after Bank holiday, chase them up ! You have to be pro-active with CAB as they are mostly volunteers and it is not unknown for things to be forgotten !

Check your mother's household Insurance to see if it will cover legal fees, some do some don't.

Google 'free legal advice' and see what you can find there as well.

Try this one for instance. http://www.communitylegaladvice.org.uk/ ... CTA04e.pdf

Does your mother belong to a Union or professional body ? If she does then they can maybe help as well.
 

Erin

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I'm so sorry. Our society has become very intolerant i think.
 

sugarless sue

Master
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Rude people! Not being able to do the things I want to do.
You do not say if your mother is a Type 1 or Type 2 Diabetic but her blood sugar levels seem way out of control.

Has she been to see the Doctor about this ? It may be that she needs a change in her Insulin regime( your profile mentions Insulin ? ) so that her Levels can be controlled better.
 

donnellysdogs

Master
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To me it sounds as if there are more issues here than are written.

It is debatable whether somebody can be sacked for calling someone 'a vindictive *****'- certainly in my previous workplaces, both parties would have been suspended and persons interviewed separately and then the decision would be taken as to what the correct step would be to take. Depending whether there have been previous instances within certain time periods, and whether anything was still 'live on Employee's files would determine the action taken against the Employee.

Calling somebody a name, especially if it does not fall within sexual or racial discrimination is not necessarily enough under a gross misconduct.

Missing an interview, can warrant a decision to made without the interview, if the Empolyer wan't notified of non attendance by the person concerned.

Weighing the facts up that are listed, I don't think your Mum necessarily has the upper hand. I wish that she did, but, the Employee has also got to ensure that they fall within H&S policiies, and dignitys at work etc. Under H&S policies, your mum could be seen as failing them if she did notify HR or Management of troubles with diabetic control that could lead to other issues. Under dignity at work, is it reasonable to expect that an Employee does not call another employee 'a vindictive *****'?-whether suffering high BG's or mood swings-then I would not expect my previous staff top to have this sort of behaviour....

To be quite honest, I agree that you Mum should be taking advice-from CAB-or house insurance legal helplines and any other sources that have been listed. I actuallt believe that there is more to this than just the facts listed......but then I have been used to previously ripping statements apart that staff have made, and have had people walk out with me interviewing them because they know they have been caught out giving inacccurate details.

I'm not saying that details here are inaccurate or anything such like, but I believe that your Mum should be taking this up as an issue asap and getting help from any source that you can get help from.

Most Companies do not taking the sacking of a person lightly these days, as tribunals are a true reality. I do not know the size of the Company that you and your Mum work for, whether they have a HR departement etc. Some Companies are still unscrupulous in this day and age, but just in my own opinion here, the facts listed don't appear to be complete.

I really hope that you manage to get some legal help.
 

IanD

Well-Known Member
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sugarless sue said:
You do not say if your mother is a Type 1 or Type 2 Diabetic but her blood sugar levels seem way out of control.

Has she been to see the Doctor about this ? It may be that she needs a change in her Insulin regime( your profile mentions Insulin ? ) so that her Levels can be controlled better.

Unpredictable mood swings due to poor diabetes control indicates other health & relationship dangers. I would suggest:

1. A letter of apology & explanation of the problem, preferably backed by a GP letter.
2. Asking for the dismissal to be altered to suspension, subject to better control, & sympathetic changes in working conditions.
3. A determined attempt to get the diabetes under control, in the first instance along the lines recommended on this forum.
 

metalmagpie

Member
Messages
8
She could go to ACAS which is a government organisation for enforcing employment law. It sounds as if she might have a case for wrongful dismissal.
 
C

catherinecherub

Guest
Sorry to hear about mum. She may have said things due to the anger issues that are experienced during the grieving process. Seems that your firm does not take diabetes seriously as they are obliged by law to make provision for diabetics with regard to things that will affect their management of the condition. Reading between the lines it seems that this has been an ongoing problem that has erupted.
I think you should contact all the agencies mentioned so far and another place where you will get help for employment issues is,
http://www.diabetes.org.uk/
 

ron carthy

Member
Messages
5
Type of diabetes
Type 2
Sorry just discovered the employment forum today and I don't have time for a lengthy reply. I am an ex HR director and CAB employment law adviser. Your mother's case is difficult given her comments to her supervisor but given her recent history, the underlying BS situation and her work record she has a good case for reinstatement or compensation for Unfair Dismissal ( not wrongful dismissal which is different). Not all CABs are happy to take employment cases as they are difficult, time and resource consuming and not without risk to the CAB. But if they are willing to take the case CAB is her best bet. Chase them up to find out whether or not they will pursue it and if not who they advise her to consult. Not a lawyer at £250 an hour. I would say her case was good enough for a no win no fee lawyer to take it on
 

viviennem

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You said she is 60-something. Have they been asking her to think about retirement before this incident? The sacking may be related if they have.

Viv 8)
 

Mary Smith

Newbie
Messages
1
This may be considered as a disability discrimination case. If you have a local Law Centre go there for advice or look for an employment lawyer on the Legal Services Commision's website to find a legal adviser that deals with employment law.
Good luck
Mary Smith
 

mehdave

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I dont want to go into too much detail but lets just say I was disciplined and they tried to sack me for behavior when I was undiagnosed and having major mood swings. MY bs was also into the 20s. IT taken them 8 months on full pay for my investigation and in the end they didnt sack but we agreed to part ways mutally and I got 3 months pay as a 1 off to leave.

Fight this you will win. We spoken to numerous law specialist and they all said it comes down to the basics. Your mood swings where to due to a medical condition previously told to your employer. If they then did not make reasonable adjustments at your request. Which your mother did. Then they are in the wrong.

Take it all the way.
 

destiny

Active Member
Messages
25
Type of diabetes
Type 2
Thats truly awful for your mum, and clearly out of character for her too. I think we may have some elements of constructive dismissal here - they make it so difficult to continue working that you are usually forced to leave

Clearly they were being unreasonable from the time of your fathers death until the incident, especially knowing about her illness. The pressure made her more ill, as shown by the variations in BS.

That email from the supervisor was the trigger, but was it appropriate for her to send it.?

I agree that she should consider a no win no fee solicitor who doesn't take anything from any award she should get. Your mum should have everything she is entitled to without lining a solicitors pockets too.

In the mean time she should concentrate on her health, she will nee to be strong to do battle, and I wish you the best of luck

P
 

Gjimmy

Member
Messages
15
Please don't take this the wrong way I fully support your mother in this case but
as a diabetic type 1 for 23 years I have experienced many episodes of fits of bad temper. Usually however it happens when the blood sugar swings from high to low (Very sharply), causing a hypo. Not from low to high, as in this case. In fact a swing from low to high can have a reverse effect on mood and make the diabetic person more mellow. This is why at a very high BG level a diabetic can slip into unconsciousness.
Please don't take this info as gospel it's only from my personal experience that a hypo can cause bad temper, not a hyperglycemic episode.
 

anniep

Well-Known Member
Messages
561
As a T2, and before I was under control I found that high bg's made me very, very irritable.........
 

smidge

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Type of diabetes
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Oh dear, this sounds truly awful. I don't know whether your mother has a case or not for unfair dismissal, but I do know that stress can cause anyone to lose their temper - it is very common for staff outbursts of this nature during times of poorly-managed change at work when they are experiencing stress caused by the changes and this builds up to the point that they lose their temper - often over a fairly trivial matter, but it is just the final straw for them. With the changes at work you allude to i.e. change of location, in addition to your mother's depression brought on by grief and her poorly-controlled BG on top of that, it isn't at all surprising she has lost her temper. I would expect any decent employer to take all of this into account and issue a verbal or written warning rather than a dismissal.

What to do? Well, there is no point any of us speculating as we do not have the full facts. You must get specialist advice from an employment solicitor. As others have suggested, the CAB or your house insurance might give you access to such a specialist. If the advice is that your mother has a case for unfair dismissal on disability or age discrimination grounds, then you should fight with that. If there has been no discrimination, but the employer has failed to follow proper procedures e.g. issuing warnings before dismissal, or has contributed to your mother's actions by harassment or bullying then you might still have a case for unfair dismissal. If the advice is she doesn't have a case, then you need someone to represent her in appealing to the employer's better nature in trying to get them to reduce their punishment to a warning on the grounds of mitigating circumstances i.e your mother's ill health (both the depression and the diabetes) and the grief she is suffering following the loss of your father.

Good luck, I hope it works out for you.

Smidge