Written warning when I had a hypo and was confused

[paperchase]

I was given a written warning and have 5 days to appeal, please help...

I admitted to throwing some clients personal data into a domestic bin along with my personal credit cards details. The data was discovered by a neighbour who immediately contacted my company.

On the day, I had a severe hypo after exercise and from 8pm to 2am I could not remember what I did but vaguely recall throwing items away; but only after the questions were put to me. I recently moved home and prior to the incident i was sorting my house and tidying papers so it was like I was programmed to carry on. Several months before I spoke to the diabetic clinic and they advised me to have less insulin which i did but its difficult to regular after intense exercise.

The above was exceptional and I have been proactive and introduced measures so it does not happen again eg not taking data home and better heath control.

My conduct previous to this had been perfect and my employees have a high regard on my performance and behaviour.
My employers was aware of my condition.
I regret the incident but was not aware i had disposed the documents.

Can anyone help? Thanks

 

[Elc1112]

Hi paperchase,

I'm really sorry that your in this situation.

Your employers were aware of your diabetes, which is good. They probably didn't realise, however, that your diabetes could affect you in this way. From the sounds of it this was a one off so your probably weren't aware either.

With regards to the warning, I suggest you make an appointment with your GP or DSN so that you have some medical evidence. Unfortunately it might have some repercussions for you as you still, intentionally or otherwise, disposed of sensitive data inappropriately.

I think you need to speak to your employer and explain why this happened and try and mitigate the fallout. It's a difficult situation though. You either put this incident down to a bad hypo, in which case your emigre could rightly be concerned thy it may happen again, or you go down the "I was having a bad day and took my eye off the ball" route, probably get a b*ll*cking and accept the consequences.

Sorry, probably not what you want to hear. Maybe somebody else can offer some other advise.

Again, I'm sorry that you're facing this ad hope you sort things.

Take care.
Em x

 

[jopar]

Your post isn't very clear to time spam, when you had your hypo, when the paperwork disposed or where it was disposed at home or in work?

But there are a couple of things to consider because this personal data, will come under the Data Protection Act, so it will need to be considered how you broke your employers Data Protection Polices they have to comply with the Data Protection Act...

By what you say it sounds as though you had the paperwork at home..

So does your employers policies allow employee's to take clients personal data home, if they do what polices do they have to ensure that any clients personal data is kept secure, stored, period of time it is allowed for being at home and disposal of it. So have you broken any of these polices while the paperwork was there?

Now, the actual incident... Can you prove that within an hour or so of throwing the paperwork out, that you either treated or suffered a hypo?

If you haven't broken any of your employers data protection policies and you can prove with your meter that you were hypo either before or just after throwing the paperwork away in the manner you did... Your employer would be acting unfairly by giving a written warning... A verbal warning to be more careful when sorting paperwork out, to ensure that you aren't hypo or recovering from a hypo to ensure this mistake isn't repeated would be fair...

If how every you are claiming a house move, a hypo that took place hours or days before or that you shouldn't have had the paperwork at home at all, or that you shouldn't have held the paperwork for the period of time you had it ect... Then your employer would be acting fairly giving a written warning, because it's not just about that you incorrectly disposed of clients paperwork incorrectly, putting the client's personal data at risk... But you've breached both the Data Protection Act, but also your employers Data Protection polices that ensure's they and their employee's maintain the Data Protection Act... Actually your employer would be entitled to instantly dismiss you..

 

[paperchase]

Hi Ya, thank you for your response.

I moved a few weeks ago and been constantly tidying up my place. The day incident took place, I was not in control of my actions, left my house door open all night and woke up in the kitchen. I lived alone and had no witness to support my statement. I had provided a dr's letter dated a few weeks before the hypo, stating that i have more hypos after exercise and am now changing my regime.

I mentioned the move to provide he context. My documents and works documents were close by hence the confusion, my actions were not will full and beyond my control on the night.

My employees accepted the disposal was not willful but they still issued the warning.

So perhaps, I should focus that the incident was beyond by control as i didnt know what I do doing??

 

[ButtterflyLady]

It does sound as though your actions were not wilful (you sound totally ethical and competent), but the question remains - can your employer be satisfied that you are always aware of your actions in a way that enables you to meet your responsibilities?

I'm Type 2 so I have no experience of having a hypo to this degree - but I know would find it very upsetting and concerning. I have in the past had unawareness for other medical reasons, and after I left the stove on I decided not to cook anything unless someone else was present. I microwaved food or chose cold foods, until I felt well enough to use the stove safely. It just seems common sense to me that if I can forget I've lit the stove, my safety could be at risk in a range of ways.

Perhaps a possible solution for you is to arrange your work activities in such a way that risk to yourself and others is minimised. It's probably not feasible to completely avoid working alone, and it would reduce your independence, but a good employer should be able to negotiate compromises that are workable for everyone.

Your employer may well feel uneasy about making this a disciplinary matter, but they may not have the option. They could be required by law or by their insurer.

I feel for you and wish you well.

 

[paperchase]

Thank you again

 

[SAH154]

If you are a member of a trade union I would seek their help ASAP

You ned to make reference to the DDA (disability discrimination act) as they should make an allowance for you and they have to consider the effects of medication (hypos) and look at how you would be without medication (dead). It can be hard to get employers to even look at the DDA let alone consider it/act on it

http://www.direct.gov.uk/en/DisabledPeo ... DG_4001068

Read it and quote from it as they haven't taken into account your condition

Hypos can make you act very odd I once had my head in the fridge ranting and swearing at a bottle of milk as a result of a hypo many years ago

 

[bobismad]

Hi Paperchase, I have been in a similar situation, I worked in a manufacturing factory, I had had 3 severe hypo's over the course of a year, the first 2 the company had treated me very well, excellent in fact, they liased with the Occy health and put systems in place to help my condition ( hypostop in the first aid room and had OC nurse come in to speak to the 1st aiders on how to recognise and deal with hypos) but my condition worsened and the final time, I actally fell over @ my machine, luckily backwards away from it and not into it... that time the company basically said that was 'too close to call' and I was suspended, but I know it was my fault and was brutally honest, I had worked on after my alloted dinner break (one of the things we had agreed to implement), and had been extra physical....and because of that they had no option but to pay me off after the Occupational health report.... my experience ended negativly, but the the positive were that the company learned better how to deal with diabetics, and made me really sit back and realise that I wasnt 'well'....they have since contacted me saying that IF I can get my control back in regards to the lack of warning to hypo's they would if a job became available because of my work ethic and performance they would gladly have me back... so there is hope.....even in the face of adversity, If you are honest and open with your bosses, they will probably work with you, not against you....and if there are any other diabetics in your workplace everyone wins. I was lucky that there was another diabetic in the offices and he had just been fitted with a pump, and he was able to 'corroberate' the things I had said happened to me as I got into hypos, as well as adding he got the pump due to his failiure of the warning signs..

sorry for the rambling post.

hope it goes well for you

Bob

 

[paperchase]

Dear all,

Sorry of Ive been quiet but had to through stage 1 and stage 2 appeal at work.

Last week they advised me that the written warning still stands because I should have been managing my diabetes better. If I had then the incident would not have happened. They had not consulted with my GP or Consultant who look after my diabetes.

They had referred me to OccHealth who said that I need better management and agree that the incident with me disposing the items is feasible.

I think I may go to the employment tribunal because the warning stays active on my file for 12 months, but it stays on file for ever.

 

[Scardoc]

What was your neighbour doing in your bin in the first place? Why didn't they ask you about the paperwork first before contacting your employer???? Sounds like another example of the rotten society we find ourselves living in. had they bothered to knock on your door they might have been able to help if you'd been in more difficulty.

 

[Robinredbreast]

Hi paperchase,

I'm really sorry that your in this situation.

Your employers were aware of your diabetes, which is good. They probably didn't realise, however, that your diabetes could affect you in this way. From the sounds of it this was a one off so your probably weren't aware either.

With regards to the warning, I suggest you make an appointment with your GP or DSN so that you have some medical evidence. Unfortunately it might have some repercussions for you as you still, intentionally or otherwise, disposed of sensitive data inappropriately.

I think you need to speak to your employer and explain why this happened and try and mitigate the fallout. It's a difficult situation though. You either put this incident down to a bad hypo, in which case your emigre could rightly be concerned thy it may happen again, or you go down the "I was having a bad day and took my eye off the ball" route, probably get a b*ll*cking and accept the consequences.

Sorry, probably not what you want to hear. Maybe somebody else can offer some other advise.

Again, I'm sorry that you're facing this ad hope you sort things.

Take care.
Em x

I concur with everything said. What a terrible thing to happen, was it your fault, was is the diabetes, should of you been in 'better control' etc t etc etc Unfortunately all these dam questions will pop up. You must feeling terrible. I wish I could offer some practica ladvice or wave a magic wand so it didn't happen. At home, once, I was carryting a cup of tea and I threw it all over the lounge carpet and my young daughter saw it all, yes I was having a bad hypo too :shock: Take care and try not to get too stressed as this send your BS up :!:

 

[paperchase]

Thank you