Employment and written warning !

[mo1905]

Hi, I am recently diagnosed, male 46 yr old type 1. I was diagnosed 2nd Jan 2013. Initially, I had approx 6 weeks certified sick as blood sugars very high. I am employed as a full time MoD Crew Manager in the Fire Service and also a retained firefighter with Cambs Fire & Rescue Service. My full time job has me on modified duties as 6 months monitoring is required prior to returning to operational duty. My retained service is on hold as they do not recognise modified duties. I am not currently "sick" but the Occupational Health docs won't let me return to work. A couple of days ago, my Station Commander telephoned me to ask how I was. He also informed me that I had reached a "trigger" point regarding sickness. More than 8 days off in 12 months. He said when I return to duty, I will get a written warning ! Is this allowed ? I have a very good sickness record up til my diabetes diagnosis. Seems a little harsh to me ! What do you think ?

 

[SewK8]

Hello

So sorry to hear this story. I had work issues in the past and it doesn't help you feel any better!

I would call ACAS or ur union if you have one. ACAS helped me and put me intouch with an employment solicitor who helped me so much.

Sorry I can't be of much help but I do hope things work out for you.

Kat




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[mo1905]

Thanks Kat !


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[justjay]

Pm sent to you. I don't agree with these triggers - they are frequently misused like this. They should be in place for ppl that "extract the urine" shall we say, not people that have chronic illnesses to deal with everyday, unless they take the wotsit though

 

[lynde89]

Hi Mo,

Probably not much help but my brother is currently getting med boarded (RAF) after being diagnosed with T1, so been trying to look into the system & support there. I know it's probably not much comfort but I'm pleased they don't seem to be doing the same with you so you can carry on doing the job you are good at & enjoy.

Also, I'm in Cambs so wanted to say thank you for the job you do/have done & taking care of us! I will keep an eye out for any fire engines & give a wave incase it might be you! Lol. Especially around the bases


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[mo1905]

Thanks Lynde ! I'll be the one with the diet coke ;-)

 

[Riri]

I agree with Justjay regarding the trigger points - as I understand it though a reasonable employer can re-evaluate these for people with chronic diseases and set the level higher (HR left mine as they were though so how many employers do use common sense I don't know). I went through a bad patch over a year ago as I had hit the 'trigger point'. They bought in the OHS but all this turned out to be was a phone consultation with one of their nurses but really nothing too formal. She was just wanting reassurance that my workplace were helping me with everything I needed, which they were.
I really don't think they are in a position to give you any kind of written warning at this point as there are specific steps they have to follow to help you back to work - not threaten you with a letter of this kind. I would speak to your HR department as your immediate Line Manager may have got his wires crossed and mis-understood maybe? If HR don't help then I would go and get advice from your union if you're a member.

 

[mo1905]

Thanks Riri. I agree with your points. Trouble is nowadays, if something is written down somewhere, it's seems to become "law". There are trigger points and, in some cases, they are there for a reason. If you follow the rule literally, my initial sickness puts me over the target and this automatically leads to Stage 1 sickness which is the first process along disciplinary proceedings. I believe there is scope there for line manager to deviate if he/she wishes but ultimately it's their decision. I just thought we may have had some protection under The Disabilities Act but I cannot find anything specific. Thanks for your advice though.

 

[catherinecherub]

Hi mo,

I don't know if there is anything in this document that will help you.
EMPLOYMENT AND DISABILITY>
Your rights at work. http://www.diabetes.org.uk/Documents/Ad ... k-0412.pdf
You could phone DUK and ask for some help. They are very good at sorting out these sorts of problems.

CC.

 

[mo1905]

Thanks Catherine, I'll give it a read.

 

[izzzi]

Hi Mo1905,

telephoned me to ask how I was. He also informed me that I had reached a "trigger" point regarding sickness. More than 8 days off in 12 months. He said when I return to duty, I will get a written warning !

This already has started as a negligent action against an employee.(things like this make my blood boil,lord knows how you feel)
I would dearly like a recording of this telephone communication.
Lets hope ACAS helps you in what should be a straight forward error by your employer.

Good Luck

Roy.

 

[mo1905]

Thanks Roy. Must admit, it appears to be backdoor harrassment in my opinion. Couldn't even wait til I returned to duty. I know how these people operate though, if I make a complaint now, he would deny it ! Wish I had a recording too !


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[phoenix]

This organisation also might be able to help.
It was originally set up to fight discrimination against people with T1 in the fire service. I can't find the answer to your specific question as much of the site is about dealing with attempts at dismissal but presumably they are well versed in dealing with the various regulations .

http://irfduk.net/

 

[mo1905]

Thanks Phoenix, interesting link !


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[justjay]

I agree with Justjay regarding the trigger points - as I understand it though a reasonable employer can re-evaluate these for people with chronic diseases and set the level higher (HR left mine as they were though so how many employers do use common sense I don't know).

I had mine "readjusted" from 4 periods or 12 days to 5 periods and 15 days. Such a huge difference there.... :shock: I find many employers don't seem to appreciate how recovery times can vary and even how this illness can affect people differently.

 

[elaine77]

Diabetes is recognised as a disability under the Equality Act 2010 and is a protected characteristic, it does therefore entitle you to protection under the law for any sanctions imposed upon you for something arising from your disability. If you have a union I would contact them as you do have protection under that legal act for your diabetes.


Diagnosed with GD in 2010, Completely disappeared postpartum. Re-diagnosed December 2012 with type 1.5 diabetes, age 26, BMI 23 currently controlled by only Metformin, 500mg twice a day.

 

[mo1905]

Thanks Elaine. I know it's a disability but when you actually read it there are lots of "woolly" areas as usual ! A lot of it is how it's interpreted by an individual. I will get in touch with Union Rep though. Thanks ;-)


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[Albert27]

Its totally depends on the company rules and regulation. think you must consult with the solicitor or union in your organization.That help you better according to your organization as well as according to labor law in your area.

 

[izzzi]

Its totally depends on the company rules and regulation. think you must consult with the solicitor or union in your organization.That help you better according to your organization as well as according to labor law in your area.

This is good advice, also labour law in your area will be well advised with European labour legislation.

Roy.

 

[BarbaraMc]

I'm not well up on Law, but had an Oral Warning (in writing-don't know how that works) for Sleep Apnoea at the same time T2 Diabetes was diagnosed, despite meeting targets and no time off sick. The union supported me at meetings and with submitting a Grievance, but it was eventually down to a more sensible, sensitive manager to get it removed from my records when someone higher up the ladder pointed out that I could sue them under the Disabilities Act.
On the other hand, my friend with MS was allowed an increase in her trigger points, but when she didn't take any sick, they scrapped it, despite her having a seriously progressive disease !
The main thing is . . . don't let the B xxxxxxds grind you down !