advice wanted please

chrisbunce1

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i work for a big company and travel to work it takes me 2 hours each way.In july 08 i was rushed into intensive care after a severe hypo and spent 3 days there followed by another 3 days on the ward.I returned to work in sept 08 and they sent me streight to occy health to see how they could help me at work,basically he told them i needed a clean lockable room to check my blood sugars and administer insulin in a clean private environment and also informed them that one of the reasons i was admitted into hospital was that i did not have these facilities in the first place.

Since then i have still not had any of the things that the doctor at occy health advised the company to do/provide for me despite my requests to my managers at work.I was told by a couple of the managers at work that because buisness was slow if i made a fuss i would probbably loose my job as the company was just looking for a reason to get rid of some staff so it was best for me to keep my mouth shut,which i did as i have two young daughters and a wife to support.

So since sept 08 i have continued to sit in my car with my trousers around my ankles injecting in my legs or in the toilet,by doing this i have not been able to controll my diabetes properly and am currently running at 11.7.I was falling asleep at work,having to pull the car onto the hard shoulder so not to crash and just not sleeping on a night time feeling all round **** so since november i have been off sick and working with the nurse trying to get right.

The company i work for have stopped paying me and have requested a meeting to discuss my job duties with me and sent me the exact same letter they did in sept08 saying they were going to send me to occy health .My question is have i been discriminated against under the dissabilities at work act by my employers not doing what they were advised to do by their own occy health
 

hanadr

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I know a numbe of T1s who routinely inject through their clotthing, when privacy isn't possible.
Have you thought of this?
You say you company isn't paying you.
I'm sure this is against the law. Even the bible says"The labourer is worthy of his hire"
Contact Diabetes UK, they have all the information needed on your legal position. You can find the phone number on their web site.
 

cugila

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Chrisbunce1.

Sounds like a clear case of Discrimination to me, however they only have to make 'reasonable adjustments.' It depends on who thinks what is 'reasonable.'

You urgently need good sound advice from someone like the CAB (Citizens Advice Bureau) they deal with things like this all the time and can be very effective. You could also get yourself advice from an Experienced Employment Law Solicitor - it is a minefield for the unwary. Make sure of your rights and the facts. Take a friend to any interview at work. Make notes. I do hope you have well documented all the actions the Company has taken over this matter.

Do you have any Legal Expenses Cover with your Household Buildings/Contents Insurance ? This could cover ALL the costs involved.

As for injecting through clothing, I wouldn't recommend that at all. It sounds like you work in a dirty environment, think of the dirt/bacteria that might be on your clothing....not a good idea !
 

chrisbunce1

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thanks for the response,i work in the construction industry so injecting through my clothes is not an option especially when im coverd in dust,plaster etc,my main argument is that i was sent to occy health in 2008 in my eyes for my employer to get rid of me(which backfired) and they were told to provide me with the clean,private room etc,but like i said it didnt happen despite my complaints to several managers,plus ive been on 6-7 differant sites this past 10 months so every time i go on a new site im back to square 1 trying to explain what i need,ive since had the exact same letter saying im going to be referd to occy health again to see if the company can do anything to help me at work,unreal eh if this isnt a case of discrimination and victimisation i dont know what is.As for the company having to make reasonable adjustments ANY adjustments would have been a start but i think 16 months down the line is pure neglect of their responsibilities,ill post what has been said when i attend the meeting back end of next week.
 

stani36

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Have you spoken to an HR Advisor at work as sounds to me like you have a good case to go down the grievance procedure route where all avenues would have to be explored and advice from Occupational Health would have to be taken/implemented further to ensure you are looked after in your place of work. Under the disability discrimination act they can't sack/suspend you from work due to your diabetes.
 

theblokefromstoke

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Hi Chris,

I was diagnosed last week and not looking forward to returning to work on monday. I too work in the construction industry - my office is 65 miles away and takes me 2 hours each day. I am fortunate that i don't have to do insulin but you know what its like in our game - sites facilities are awful, clients insist we attend meetings for god knows how long and sometimes not even offer a cup of tea.

I will now have to insist on time for eating and measuring blood etc and this will only go against me.

My BS level is currently 15 (down from 21) and i'm not really sure that i'm right to be either driving for the 4 hours per day or walking round building sites.

In your situation, I feel that you have definatly been discrimenated against. If you were a wheelchair user and the company failed to install ramps etc they would be prosecuted under the DDA regulations. You have a good case my friend and if its one of the big construction companies they should be named, shamed and the individuals responsible for ignoring their obligations under dda sacked.
 

chrisbunce1

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Hiya just a quick update i had the meeting with my hr manager and basically she told me that she had spoke to a couple of managers i had worked for in the past 14 months and said that none of them were aware of my requests,(surprise,surprise) and the last one i worked for said i told him i would continue to inject in the car (even tho he said he wasnt aware of my requests?????) a bare faced lie.

She also asked me why i didnt go above my managers and report it,i replied that i was told that if i made a fuss the company was just looking for an excuse to get rid of people due to a lack of work so i was worried about making a fuss.(the manager who told me this went to the company director and asked for help with his duties and since has left the company having to sign a dissclaimer and he too was diabetic on metformin) i also said if i went above my managers head and reported what was or should i say wasnt happening i feel life would be made hard for me and i would be labled a trouble causer etc.

Anyway i have been offerd 3 months salary to leave the company on incapasity dissmissal and when i asked wether i should seek the advice of a soliciter she told me that she dosent think theres any need as the company has not done anything wrong and even if they did go to court its my word against the managers in question,i told her i had no reason to lie about wanting the facilities i need as it would only benefit me and had everything to gain so why would i want to continue messing about in my car and guessing how much insulin to take it was very dangerous and i wouldnt want to carry on doing it like that,but again she said the manager in question would put it in writing that i wanted to carry on doing it in my car,

Is it worth me seeing a solicitor and do i have a valid complaint to pursue a claim for disscrimination,
thanks
 

cugila

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chrisbunce1 said:
Is it worth me seeing a solicitor and do i have a valid complaint to pursue a claim for disscrimination,
thanks

The advice you were given previously about seeing an Employment Law Solicitor still stands, or the CAB. Do NOT take the word of anybody at the Company ! They are only concerned with their own interests !
 

noblehead

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Hi chrisbunce1,

Just read your post, quite disgusting how they have treated you. They would love you to walk away quietly with the minimum of fuss, allowing them to treat others the same. Sometimes it is good to make a stand and bring these companies to task, you seem to have been discriminated against in this case, and as such I would pursue the things.

As Cugila states, seek advice as you have nothing to lose but everything to win!

Hope all goes well, keep us informed!

Nigel
 

ebony321

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Just wanted to add injecting through your clothes is a big no no so please dont try that!, can cause needle to break or not work properly meaning you have less insulin leading to high sugars so on so forth, i would suggest to your t1 friend hana its a baaaaad idea, surely there is always a way to do it in private without having to re-sort to that!! :?:

i hope you sort everything out and get the support from work you not only deserve but are entitled to :)
 

kay957

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I find it horrendous that you have been treated so badly by your company, it's a clear case of Discrimination i'd say. I would not accept their offer of compensation, remuneration or otherwise. Seek a Solicitor at a local Law centre, sometimes the advice is free, a lot of newly qualified solicitors will do work Pro Bono (free). I hope you get justice, not just for yourself but other future employees of that company.
 

Administrator

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I'm not sure if this is his area of law, and I know he is a very busy man, but Dillinger who posts here sometimes might be able to help a little.

Good luck,

Admin
 

candy1567

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120
Hi

Have just read ur post and from wat i got from it is that them sending u to occy health several months ago will now shoot ur employers in the foot.

Occy health recommended that provision for u to inject safely was required, they would have stated that in a report to ur employers, copies can be sought from occy health, you employers chose to ignore these recommendations.

It doesn't matter if u "chose to inject in the car" they cannot go against occy health unless it means altering the building etc.

i would def seek an employment lawyer due to disability discrimination.

Keep all letters from them especially the one about another referral to occy health, as this will also go in ur favour as why resend u for an assessment wen they havn't supported u with the outcome of the first report.

Everything from occy health is documentated, especially reports and wen they are sent, usually by email or fax so it is recorded.
 

chrisbunce1

Member
Messages
5
thanks for all the advice,just another update,i had an unofficial chat with my hr manager and i was given a couple of choices the first was to be moved to a differant site in the north west away from the managers who chose to ignore my requests and occy health for a couple of months but i would have to return to work with these people later on in the year (after id named them all) and the second was to resign due to incapacity (if i did this i was told id be given 8 weeks full pay and a sweetner of a further 4 weeks pay) but id have to sign a couple of forms to say i couldnt do my job anymore due to my illness.

i went to see an employment law soliciter and acting on her advice i sent a letter of resignation in stating how i have lost all confidence in my managers and the company and how let down i feel.Two days later i had a letter asking me to another meeting which i attended,it was with a differant hr manager from a differant area who id never worked with so i had to go through the whole thing again,i even had to provide her with the occy health report and all the correspondance between me and the hr department.She said she was going to investigte the situation and me not to resign or at least delay it,when i said no she started asking how i was going to pay my bills and everything else,to which i told her that i would rather be alive to worry about that than dead because of the disscrimination, neglect and total dissregard for my health i had been subjected to over the past 17 or so months,
attended the meeting to try to make sure it didnt happen to anyone else in the future.The meeting ended at that point and the following week a received a letter accepting my resignation nad informing me i would receive 4 weeks notice pay but i would have to send in a sick note for 3 days to cover me for my notice period.I have an appointment with my soliciter on thursday when we intend to commence court procedings against them so ill update when i hear anything else.
 

chrisbunce1

Member
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5
good news,
ive heard that the second hr manager is actually going over to manchester to look into and investigate whats been going on,i just hope that the people over there are honest and in the future someone else wont have to go through what ive had to(people will allways lie to cover their own ass lol). i also hope that a little more time and resources can be spent by the company educating the managers on diabetes and how serious this condition can be,after all weve all been sent on numerious courses by the company on how to be considerate to the tennants whos homes we"re working in and also diversity training on how not to discriminate against anyone so surely it would be good to do this.