More employment help

DaveThompson

Member
Messages
23
Hi all.

I have seen quite f ew threads here relating to work problems. Well I have some too. I was suspended in late June for poor performance, relating to remembering facts and following procedures in the last couple of months.. Work have now invited me to a hearing but as far as I can see have made no real attempt to establish if the issues were illness related. I was only diagnosed type 2 on 1st July so the issues occurred when I was not being treated and with bloods of 107 according to my HbA1c.
They are fully aware of my condition and have been since I found out.

The only thing that has happened is a phone call to a case manager who then spoke to a Doctor in the company. No proper examination or meeting with anyone medically trained. Their report is firmly based on future performance and not at all concerned with my existing condition untreated and without any medication.

I am thinking that this is not in accordance with DDA or as it is now the Equality policy as they have not established that my mistakes are not related to my condition. Everything I have read indicates that executive function, memory, concentration etc are linked to t2d(m). Clearly I don't want to lose my job, but am seriously concerned that this could be a way of pushing me out.

Can anyone help or give me something positive ?
 
S

Shar67

Guest
Unfortunately only type 2s who are insulin dependant are covered by DDA or equality act, do you have anything in your contract regarding health issues?
You could try ACAS for info
Advisory Conciliation and Arbitration Service (ACAS) help with employment relations issues and what employment rights legislation means in practice. Tel: 08457 47 47 47 www.acas.org.uk
 

catapillar

Well-Known Member
Messages
3,390
Type of diabetes
Type 1
Treatment type
Insulin
Whether type 2 diabetes is a disability for the purpose of the Equality Act 2010 is a bit of grey area. A disability under the Equality Act is something which, without treatment, would have a significant adverse impact on you ability to carry out day to day activities. Obviously, someone who is insulin dependent would be dead without their treatment, so they are caught by the equality act. I'm not sure whether there are any decisions on whether a type 2 diabetic on metformin falls under the equality act - but you are right, any such decision would have to turn on the particular facts of your case and your condition/s and (if you were to ever get as far as an employment tribunal) would likely require an assessment from a medical expert, at a cost.

http://www.footanstey.com/bulletins/2697-is-type-2-diabetes-a-disability-under-the-equality-act-2010

Do you have a union who might support you with advice at your meeting? Do you have insurance that might cover legal advice in an employment context? Check your policies - it might cover it.
 

DaveThompson

Member
Messages
23
I would have to say that there is a definite adverse effect or I wouldn't be in the situation I currently am. I get what you are saying though. Without my meds however I think I would struggle. In any case my issues are a result of unidentified and untreated diabetes and my employers have not done enough to rule that out.

Sent from my SM-G925F using Diabetes.co.uk Forum mobile app
 

AndBreathe

Master
Retired Moderator
Messages
11,323
Type of diabetes
I reversed my Type 2
Treatment type
Diet only
Hi all.

I have seen quite f ew threads here relating to work problems. Well I have some too. I was suspended in late June for poor performance, relating to remembering facts and following procedures in the last couple of months.. Work have now invited me to a hearing but as far as I can see have made no real attempt to establish if the issues were illness related. I was only diagnosed type 2 on 1st July so the issues occurred when I was not being treated and with bloods of 107 according to my HbA1c.
They are fully aware of my condition and have been since I found out.

The only thing that has happened is a phone call to a case manager who then spoke to a Doctor in the company. No proper examination or meeting with anyone medically trained. Their report is firmly based on future performance and not at all concerned with my existing condition untreated and without any medication.

I am thinking that this is not in accordance with DDA or as it is now the Equality policy as they have not established that my mistakes are not related to my condition. Everything I have read indicates that executive function, memory, concentration etc are linked to t2d(m). Clearly I don't want to lose my job, but am seriously concerned that this could be a way of pushing me out.

Can anyone help or give me something positive ?

Well, firstly, don't panic. The hearing could be to ask how you are, and assess whether you are ready to return to work, or not, and perhaps even to see if there is anything they (your employer) can do to help you feel better.

So, it seems since you have been suspended, you have been diagnosed? What were the circumstances of your diagnosis? Did you go to your Doc as a result of the cognitive symptoms you were having, resulting in your suspension? Do you go due to other symptoms?

What have you done about your T2 since diagnosis? Are you monitoring at home, to see what's going on on a daily basis?

These responses would be important to anything else I might say.

Don't go all gloom and doom.
 

DaveThompson

Member
Messages
23
I was suspended the day after my blood test. Got my results on the friday (3 days later) Several people commented on my drinking, not alcohol, and tiredness so I went to my GP. Was suspended the next day for issues which occurred in the preceeding couple of weeks and months. I didn't think anything was medically wrong though. Seems there was. I am self testing before and after each meal daily and on 1500mg metformin. I have no doubt that my work performance was as a result of my untreated t2.
As per ACAS I have kept work fully up to date.


Sent from my SM-G925F using Diabetes.co.uk Forum mobile app
 
S

Shar67

Guest
ACAS are brilliant at giving all options open to you, don't poo poo them without talking to them first
 

AndBreathe

Master
Retired Moderator
Messages
11,323
Type of diabetes
I reversed my Type 2
Treatment type
Diet only
And sadly, it is not a welfare check. The letter spells it out.

Sent from my SM-G925F using Diabetes.co.uk Forum mobile app

Without seeing the letter (and for clarity, I'm not asking to either) In that case, whatever happens you will have a right of appeal, should it all go horribly, horribly wrong.

You need to start building your case, if you haven't already. I would suggest you need to be focusing on the steps you are taking, and what improvements you have seen. If you can't do it from your meter, you need to build your blood test history and graph it, showing your positive advances (assuming they are).

I don't know what you do for a living, and what safety implications there might have been, for you or your colleagues, but they could and should be taken into account.

I am assuming your attendance and performance history has been fine with this employer? I don't know how long you've been with your employer, but assuming it's a little while, they will have those records. I would suggest, providing someone's attendance and performance has been good in the past, it'd be pretty unusual to go straight to dismissal. Usually there is a process of a number of stages, with specific targets and review points along the way which would influence whether the individual shuffled closer to the exit, or shuffled a little more closer to secure employment again. That process usually takes months, even when things are going less well. Depending on your employer's policies and your contract they may or may not choose to pay you whilst you are suspended.
 

infinitemantra

Active Member
Messages
31
Type of diabetes
Type 2
hi Dave

I don't know how best to fight your case or even if fighting is best ( get a better jib might be possible ) but can share my experience. i was diagnosed in may with h1ac 147 and have probably been ill for some time. And my memory and performance have definitely been affected have made some silly mistakes recently.

whatever you did forgive yourself you were dragging yourself out of bed to go to work, putting in extra hours after you were barely awake and had zero energy. So yeah you made a mistake, so what it happens. If this employer can't see your longer record then when you are weller might be time to get a new employer.

good luck
 
D

Deleted member 308541

Guest
I have not worked in the UK for close on fifty years so I am not up on the British workplace way.

What I can suggest you do is to get your union representative to come to the meeting. This way you will have a witness to whats said and whats not said, if you record this on your mobile phone.

Best of luck to you mate, and I hope it all turns out ok.