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Work advice

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nattie1989

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Just a general question for help really my Husband has phoned me tonight to say that work (B&Q) has reprimanded him for taking longer than 15minutes on his break last night. He is a type one diabetic and at the start of his break his sugar level was 2.6 which is dangerous. He took 30minutes for his sugar level to return to 6.8. The night manager is apparently type 2 and he doesn't require 30 minutes, said if that's the case they require a sick note from the GP stating he needs longer breaks . He has been issued with strike 1 on his record. I am absolutely furious. What legally can I do here if there is anything
 
You would need to see the policy and procedures for this b4 you can do anything
Has your husband made them aware of his condition?
If so then surely they would come to an arrangement like he could have an extra 15 min break to let him get out of danger zone
 
Type 1 diabetes is a disability under the equality act 2010. Under the equality act employers have a duty to make reasonable adjustments for disabled employees. In a large national company such as B&Q it seems perfectly reasonable to allow 15 min additional break to correct blood sugar.

The request for a note from the GP seems to misunderstand the situation. Your husband doesn't need longer breaks everday. But occasionally, and hopefully rarely, when blood sugar is very low, a slightly longer break may be required on an ad hoc basis to allow blood sugar to correct.

I would suggest your husband raise the issue as to whether he is being treated correctly given the obligations under the equality act with HR.

Diabetes uk has good info on your rights at work - https://www.diabetes.org.uk/Guide-to-diabetes/Life-with-diabetes/Employment/
 
Thank you for the reply, yes they are aware of his diagnosis he collapsed last year so they placed him on a medical duty clause so they accommodated however the new manager seems to be discarding this.
 
nattie1989 said:
Thank you for the reply, yes they are aware of his diagnosis he collapsed last year so they placed him on a medical duty clause so they accommodated however the new manager seems to be discarding this.
Click to expand...

Well if this has been placed in his notes then he should appeal the decision,.
 
Is he a member of a union - if so then he needs to talk to his rep?
 
nattie1989 said:
Thank you for the reply, yes they are aware of his diagnosis he collapsed last year so they placed him on a medical duty clause so they accommodated however the new manager seems to be discarding this.
Click to expand...

Perhaps the new manager doesn't know about it? Did hubby tell anyone that he needed extra time yesterday, either before, during or after taking the time? (before the manager asked him about it). If not, maybe it's understandable that the manager would question it (assuming he doesn't know about the arrangements). Also, if he doesn't need extra time every time, it's maybe not something that would immediately spring to mind as the explanation for his absence. In a company as large as B&Q I'd be surprised if one night manager had final say about any disciplinary sanction (if that's what strike 1 means). As others have said, hubby should appeal the strike 1 to a higher mgt level and/or human resources; it will probably get sorted fairly quickly. In one sense, it may be a good thing that this has happened, because it will remind B&Q that they need to inform &/or train the manager (and possibly other managers as well) in how they should deal with any disability issues.
 
Sounds like the night manger thinks ( possibly understandably, definately arrogantly) that because he / she is type 2 then they 'know' about everything about diabetes of all types.
I would suggest that your husband talks to the manager at the next level up, human resources and / or B&Q occupational health highlighting the failure of the night manager to adhere to the agreements already made. Id guage who to speak to depending on the level of the organisation where the initial medical accomodation was agreed and sanctioned
 
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I would say that prior to going above the manager's head and winding him up (as he sounds like a sad little man with a big badge), your husband should see if he can get access to a staff manual/handbook to look at disciplinary procedures and at any formal right of appeal against any kind of sanction or action. I would imagine that you would get this from HR/admin staff. Informing yourself is always best pace to start. Join a union of you can...and mention it to you GP next chance you get just to have it on his/her record. Legal protection for employees is not what it once was..and I have no doubt that it will get worse when out lovely government abandons the Human Rights Act and amends employment legislation that resulted from EU directives. Find your staff manual and be informed. Good luck.
 
For instances like this... check your house insurance. My hubby not in union but we always paid for legal assistance on household insurance. Helped us a number of times.

Think others have given goid advice above.
 
@nattie1989 - When it was agreed that your husband should be allowed longer breaks, when necessary, was he informed of this in writing, or was any conversation followed up in writing?

If that was the case, it would be worthwhile digging that letter (or whatever) out. That could form the basis of a conversation with his manager to explain why is is somewhat surprised and perplexed at the outcome of recent events.

If these things can be sorted out without too much upset, it's always helpful to ongoing relationships.

As a matter of interest, how often do these low, lows happen? By low, lows, I mean ones where he would expect to use longer than a usual break to deal with things?
 
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