Shift work

[Morlador]

Hi all, new on here, more about myself to follow but for now i would like to ask a question.
I have had a number of periods of sickness from work this past 12 months due to my diabetes. I work a three shift system which has lead to my diabetes being badly controlled. HR has made the decision to move me to a different department and put me on a day shift temporarily so that i can better control my illness. (Minimum of 3 months). This may be a good idea but unfortunately (after 30 years of shift) this will put me out of pocket by about £500 a month and place me in a bad financial situation, leading to stress which in actually making my control worse. (So much for Duty of care in the workplace eh?).
Anyway! I was chatting to a work colleague this morning whos wife just happens to work in HR for a different company, he was telling her what work was doing to me and she immediately replied, "They cant do that! They can move him to wherever they want, they can put him on any shift they want but under the Disabilities act 2010, because the move is not a business need, and because it is diabetes related, they cannot remove his shift pay even if put on days as this would be illegal as he is being discriminated against because of his disability!"
Does anybody know if this correct, and if so where can i get legal advise?
Thanks for listening people. Would be good to know your thoughts and advise about this. In the mean time, take care all, catch you again later.

 

[UserABC2021]

I was taken off my normal job and put on 'light duties' last June, still doing it. My original job was paid bonuses that are not available to the people doing the job I am doing now. I still get them, so I suggest you get a hold of either your union rep, Citizens Advice, or a good solicitor.

 

[Deleted Account]

Diabetes UK offer a advocacy service and advice.
Might be worthwhile checking them out: https://www.diabetes.org.uk/how_we_help/helpline/your-rights

 

[DCUKMod]

Hi all, new on here, more about myself to follow but for now i would like to ask a question.
I have had a number of periods of sickness from work this past 12 months due to my diabetes. I work a three shift system which has lead to my diabetes being badly controlled. HR has made the decision to move me to a different department and put me on a day shift temporarily so that i can better control my illness. (Minimum of 3 months). This may be a good idea but unfortunately (after 30 years of shift) this will put me out of pocket by about £500 a month and place me in a bad financial situation, leading to stress which in actually making my control worse. (So much for Duty of care in the workplace eh?).
Anyway! I was chatting to a work colleague this morning whos wife just happens to work in HR for a different company, he was telling her what work was doing to me and she immediately replied, "They cant do that! They can move him to wherever they want, they can put him on any shift they want but under the Disabilities act 2010, because the move is not a business need, and because it is diabetes related, they cannot remove his shift pay even if put on days as this would be illegal as he is being discriminated against because of his disability!"
Does anybody know if this correct, and if so where can i get legal advise?
Thanks for listening people. Would be good to know your thoughts and advise about this. In the mean time, take care all, catch you again later.

Different companies take different views. Some will act additionally benevolently - for a simple example; they must allow workers time off for their diabetes appointments, but they do not have to pay them in that time off. In other words, they must allow time off, but it is quite, quite legal to dock pay for time spent away from the workplace at a time the person would usually been working.

I don't actually know the legal bottom line on your situation, and we could speculate all day, but that doesn't help you. It could be worthwhile contacting the Diabetes UK Advocacy Service who would be able to take more information from you and give you firmer answers. The link is here :
https://www.diabetes.org.uk/resources-s3/2017-09/Advocacy pack_EmploymentV3-Jan2016_0.pdf

There are masses of other helpful links and contact details at the end of the document. Please invest a bit of time reading the document.

 

[catapillar]

Under the Equality Act 2010, which replaced the Disability Discrimination Act, a person is disabled if they have a long term health condition that would have a significant adverse impact on their ability to carry out day to day activities if it weren't treated. So type 1 is definitely a disability because if it weren't treated, the person with type 1 would die, which has a fairly significant impact on the ability to do day to day activities. But type 2 is a bit of a grey area. It has been held that untreated type 2 is not a disability, because it's already untreated and day to day activity happens fine (Metroline travel ltd v Stoute). So, whether you type 2 diabetes is a disability depends on how it is treated. How is your diabetes treated?

 

[Morlador]

Under the Equality Act 2010, which replaced the Disability Discrimination Act, a person is disabled if they have a long term health condition that would have a significant adverse impact on their ability to carry out day to day activities if it weren't treated. So type 1 is definitely a disability because if it weren't treated, the person with type 1 would die, which has a fairly significant impact on the ability to do day to day activities. But type 2 is a bit of a grey area. It has been held that untreated type 2 is not a disability, because it's already untreated and day to day activity happens fine (Metroline travel ltd v Stoute). So, whether you type 2 diabetes is a disability depends on how it is treated. How is your diabetes treated?

Hi. Thanks for the information. I am treated with Triple therapy tablets, ( Metformin and gliclazide among others) also insulin.

 

[Morlador]

Thank you all for your replies, here is a reply from an online solicitor.

 

[catapillar]

Hi. Thanks for the information. I am treated with Triple therapy tablets, ( Metformin and gliclazide among others) also insulin.

Then your type 2 would certainly constitute a disability under the equality act.