disciplined for diabetes side effect causing absence.

candiloo

Well-Known Member
Messages
72
Hi - I have worked for a food company for 16 years. When I joined I signed a 'Food Handlers Agreement' in which I am required to ensure I tell them of any gastro intestinal issues, and not to come in if it is likely to contaminate our product. If we come in we will be disciplined. I have diabetes caused by pancreatitis, which is taking me a long time to get over, and the diabetes is virtually uncontrollable. This is because sometimes, my pancreas works, so anything I work out carb counting/insulin dosage-wise, goes all up the Swanee! I either have high levels to go to work to ensure I don't have a hypo, or I am within parameters and have a hypo - it is an active job where I pack pots for supermarkets, with cold pasta/cous cous - within an hour of being at work. I have to take metformin as it turns out I am insulin resistant. A lot of people will be familiar with this - sometimes I get the very unpleasant tummy upsets/flatulance/cramps - this is more often that not, and means I go from constipated to not on a daily basis. Now as I had come back from Egypt when this bout of tummy issues occurred, I was told I needed to do a test sample to ensure I did not have gastroenteritis before I could come back to work. I did the test (Oh dear God how horrible that is!) and was advised that it was clear, but the normal 2 day thing then ok scenario, lasted for 4 weeks before settling down, so I was unable to go to work. I had exhaustive tests to make sure I had not picked up anything else or that there were other issues, but it is the metformin. I would never have gotten out of the factory - please can someone take over from me? thank you - I am just going out to the loo, leave area to the dressing area, remove overall, step over barrier, put personal equipment in locker so no-one steals it, leave factory, remove hat and bin it, walk across courtyard to the loo........ I would never have made it past remove overall, as this takes me ages due to poorly shoulders. I was off for 8 weeks, during which time, I did all in my power to try to get better - tried pancreatic enzymes which my doctor had not even considered, raised my B12 myself when my doctor said I was within parameters despite the fact that 232 does not suit me and means I fall over a lot and forget things, found something that soothes the flatulance and the pain and finally got the trots under control. Bearing in mind all this, I was disciplined on my return for my absence - for doing what I was told. I am being punished for my disability, because if it were not for that, I would not have been absent. I am told that if I am off again within the next 6 months, I will be disciplined again, so if my eyesight is affected by high levels and I can't see properly to drive, I have to go in, if I have a stinking cold, which it says on the clocking in station I should not go in with, I must go in, if I have a tummy upset, I will have to go in and get disciplined for going in, or be off and get disciplined. Anyone else victimized over their diabetes?
 

jesta1865

Member
Messages
6
Type of diabetes
Treatment type
Insulin
Dislikes
walking, dieting
I would join a union asap, if you have followed their rules and been signed off by a doctor I don't see how they can do this.

I used to work somewhere that was draconian in their attitude about being off sick, but sometimes it just can't be helped. Despite being diabetic I suspect they used my sick record against me when I was made redundant. Stupid thing is in the last year I was there I had 14 days off sick all related to diabetes. In the last 8 months since, and I have gone self employed with all those worries I have had 1 day when I felt rough enough to say no work today.

Get in a union I don't think they are being reasonable.

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Patch

Well-Known Member
Messages
2,981
Type of diabetes
Treatment type
Insulin
There are a few posts around here similar to this.

Your company can not do what they are trying to do.

There is legislation to stop them doing it - have a look around the web, and track it down.

Ask them to confirm what they have told you in writing. My bet is that they would not DARE commit in writing what they have told you verbally.

Your other option, is to write to THEM, asking them how they would like you to deal with the situations listed above. Again - they will not DARE commit in writing what they have told you verbally.

if you can demonstrate that you have requested guidance, and the company has ignored y our requests, then should t he worst come to teh worst, at leact you'll have evidence that you have tried to do everything right.

You need to make absolutely sure that you tell them that running your BG high in order to attend work is NOT AN OPTION. You should not even consider this. Your company would not dare suggest that you should do this - and so you should make sure that you have evidence of them telling you NOT to run high BG's in order to maintain attendance!

Make formal, written requests of your company, and ensure that you get formal, written responses.

Good luck to you, mate.
 

smidge

Well-Known Member
Messages
1,761
Type of diabetes
LADA
Treatment type
Insulin
Hi Candiloo!

Patch is right - diabetes is a disability and the company cannot behave like this - they cannot discipline you for being ill. They must be reasonable and they must consider 'reasonable adjustments' to allow you to continue to work - otherwise they will be in breach of the DDA and DEA. For example, a reasonable adjustment might be to let you work in a different role that does not require handling food and is closer to a toilet. They only have to consider this where it is deemed 'reasonable', but to dismiss you legally, they must show that they have given consideration to your disability. The law is not prescriptive on what is 'reasonable', so it can get very difficult. Get everything in writing.

However, any employer is permitted to dismiss a person whose illness means they are not able to carry out the job they are contracted to do. This is not a disciplinary situation, but a fitness to work situation - you can be dismissed on the grounds of ill health, but you cannot be disciplined.

If I were you, I would ring the Diabetes UK Advocacy helpline. I am sure they are used to dealing with this type of issue and might be able to advise you.

Smidge
 

Daibell

Master
Messages
12,652
Type of diabetes
LADA
Treatment type
Insulin
Hi. You haven't mentioned if you are overweight and whether you are on a low-carb diet? Also, are you on Slow Release (SR) Metformin; this is a must if you have stomach problems. If you are intolerant of Metformin and can get any excess weight down with a good low-carb, low-GI diet then maybe you may be able to dispense with the Metformin with your doc's agreement as any insulin resistance may fade away?
 

Lesley r

Active Member
Messages
44
I worked for a well known supermarket and had diabetic complications they made such a fuss. My husband was union rep so couldn't represent me. I quit!! People are so insensitive to what they don't understand!


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