Problems at work

[Dragonflye]

Hey i seem to be going through a bad patch regarding my diabetes (talking a long term bad patch) and now its effecting the way im being treated at work and I have no idea where to start fighting...

Long story short, according to my doc (in a very nice letter to my employer) my diabetes control is very good at the moment BUT I am having bad nocturnal hypo's which, due to length (8hrs+) and severity,I have had to take a few random days off work sick. In the past year I have had 8 days off and 5 of these have been because of hypo's.

Work requested a letter to see if my standard objectives were achievable and he's said not at the moment BUT objectives are reasonable and we are working towards it being achievable. I've been told today that they will not change my objectives and ultimately if I am off 3 more times within the next 12 months, I will loose my job (off for any reason, not just diabetes)

I've heard that diabetes is covered under DDA etc but I have no idea how this effects me and was hoping someone could help or point me in the right direction for information

 

[mo1905]

You are covered under The Equality Act and diabetes is classified as a disability so you are afforded certain extra rights. Have you spoken to HR ? Do you belong to a Union ? I had similar issues a long while back and fortunately my employers treated me fairly but I had to mention "disability" etc. I did read The Act though and although it is always referred to as something which we can all pull as a trump card it is a very woolly document and is not easy to find hard and fast rules. DCUK can also offer assistance if you contact them.


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[Dragonflye]

Thanks, i think i will contact them and it was HR who have said my objectives would not be amended, I have another meeting on Monday to formally discuss it. yes I belong to a union, though not sure how much help they will be, they havent had a good reputation in the past for other people

 

[catherinecherub]

This document might help.
http://www.diabetes.org.uk/upload/How we help/Avocacy/Employment-advocacy-pack-2013.pdf


DUK have a careline for you to get in touch
https://www.diabetes.org.uk/How_we_help/Talk-to-someone/Careline/

 

[iHs]

Dragonflye..... hasnt the Veo pump helped at all with the nightime hypos?

 

[Dragonflye]

It helped amazingly with the daytime but not the night time I have the cgm funded and that has reduced the hypos but we are still talking 1 or 2 a month long (8hr+) hypos in which I normally siezure at some point during them even if i have spent the last few hours treating them - ultimately the reason a pancreas transplant has now been mentioned as an option. It's these 1 or 2 a month thats now causing the problem, ive managed to get to work and work to a certain extent exhausted and not able to concentrate but on the more severe ones (where im still hypo at my start time or am suffering effects i seem to have after some of the longer ones which is uncontrollable shivering and it takes a LOT to warm me) I have had to call in sick. I did go in on 1 of these occasions, however was sent home as i was that bad.

 

[AndBreathe]

What sort of work do you do, Dragonfly? Could you work flexi-time?

 

[Dragonflye]

im a systems analyst for a fair sized financial organisation, we do operate some form of flexible working, in that i can choose when i start work (as long as its before 10) and choose how long I want for lunch

 

[iHs]

What would happen if you had something carby before going to bed or do a reduced TBR? Would that prevent the hypo or have you tried that already?

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[AndBreathe]

I don't know enough about you or the organisation, but that might be something to consider. Can you build up time on flexi that could be taken ad hoc, to allow you to flex around Hess crises?

Most organisations have sick policies, such as you outline, but a decent manager will also want to work with his/her direct reports to keep them in situ.

If you have an intranet at work, you should be able to access the HR policies. Have a good look through the sickness and flexible working policies and see what you can find. Although flexible working policies are often couched around child/dependant care, read them with an open mind.

 

[Dragonflye]

iHs the doc and I have tried almost everything :/
AndBreath we can built up a few hours a month flexi, but we we are not able to carry anything over that amount to the next month AND we are only able to use the extra hours we have worked up to take a day of 1x every 2 months so even having 1 hypo a month during the work week I wouldnt have the available flexi time to use... plus trying to buoild up this time is hard, id have to sacrifice any time with my young children to be able to do this I've read quite a bit over the last few hours and if required, based on the outcome of my meeting on monday, i will be seeking legal advise along the routes that, even with my doctor answering their questions, they are not willing to take the letter into consideration and will not make reasonable adjustments... i have offered to work from home on these occasions, but if your face dont fit, you dont get that luxury

 

[mo1905]

Your company is by law expected to make "reasonable adjustment" for your diabetes. In my case, this was to make allowances in the sickness policy. Initially my sickness flagged up for a disciplinary but this was soon rejected. The problems arise if your company goes down the line of suggesting your skckness is down to poor control. Not saying it is but it's so difficult to prove. Ultimately, if my control is poor, I lose my job.


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[Scandichic]

Thanks, i think i will contact them and it was HR who have said my objectives would not be amended, I have another meeting on Monday to formally discuss it. yes I belong to a union, though not sure how much help they will be, they havent had a good reputation in the past for other people

Do you mind me asking what you do? In teaching there are 3 unions and some are more effective than others. Sometimes you just need to go to the next level up. There is also the possibility of industrial tribunal although I hope it doesn't get to that stage for you.

 

[Scandichic]

Thanks, i think i will contact them and it was HR who have said my objectives would not be amended, I have another meeting on Monday to formally discuss it. yes I belong to a union, though not sure how much help they will be, they havent had a good reputation in the past for other people

Why don't you postpone your meeting until your representative can be there. You are entitled to do this in teaching. Don't know if you can in other jobs? Sounds like workplace bullying?

 

[Scandichic]

Do you mind me asking what you do? In teaching there are 3 unions and some are more effective than others. Sometimes you just need to go to the next level up. There is also the possibility of industrial tribunal although I hope it doesn't get to that stage for you.

Sorry - posted this before I'd read all the posts. I really want to go into rant mode on your behalf but I'd be preaching to the converted! My work gave me a lecture in the middle of a hyper and accused me of eating dangerously. Sent me home to sort myself out (first week of diagnosis when I was eating low carb) and then I had to sit in the docs surgery for 2 hours before speaking to a complete cow of a dn. No one explained that the hyper like symptoms were a side effect of the tablets! good luck!

 

[AndBreathe]

Dragonflye - make sure you have all your proposals, and your employer's rejection in writing. Should you move to a grievance, or worse still an employment tribunal these will be viewed by someone independent to your circumstances, and the view could be"if it isn't written Dow, it didn't happen". Especially as the human memory can be frail when a reluctant subject is asked a difficult question.

Good luck with it all.

 

[Dogbutler]

Hi
3 years ago I was off sick for 11 months due to several endocrine conditions ambushing me at once. I got called in for 'that' interview when I was told that they were going to pension me off. I said that I thought with some adjustments I could come back to work and asked if their occ health dept and my gp could get together to work out a strategy.
It worked really well as the agreed approach was for me to work from home whenever I didn't have to be in work (I'm a college lecturer) and so far so good.
I see that you know about the DDA and the employer's responsibility to make reasonable adjustments, allowing an employee to work from home is one of the most common adjustments used. I don't think your employer would have a leg to stand on if they deny you that option.
All the best and let us know how you get on.

 

[Dragonflye]

Thanks... AndBReath I am glad you mentioned that about having written confirmation, ive added it to my checklist I am taking with me to be sure, i wouldnt (and hadnt) even thought about something so simple like that
They do let certain people work from home (only the "if your face fits" kinda people) but its going to be 1 of my suggestions, lucky most of my work is monotonous so I can get that bit done while head is still gaga and the important testing/checking can be done once ive recovered (and it means I wouldnt have to sacrifice seeing my kids because i have to work to 9pm+ to make hours back

 

[Scandichic]

Dragonflye - make sure you have all your proposals, and your employer's rejection in writing. Should you move to a grievance, or worse still an employment tribunal these will be viewed by someone independent to your circumstances, and the view could be"if it isn't written Dow, it didn't happen". Especially as the human memory can be frail when a reluctant subject is asked a difficult question.

Good luck with it all.

And this is why this forum is so awesome!

 

[AndBreathe]

One thing I would mention though is that flexible working requests must be viewed on a case by case basis, which means that just because someone has been granted a working pattern, it does mean it has to be granted to you. Conversely, if someone, even in similar circumstances, has been refused, that alone is no basis for refusing you, so a response of existing precedents is not a valid one.

Unless your company policy differs from those I have been familiar with, you are not entitled to know the reason why a decision is reached; although that information, can often be forcefully released by way of a Data Subject Access request. If you go to that length you really are up against it and your dilemma is a bit different.

As well as asking for home working, I suggest you also try to write up, for yourself, the pros and cons of that, and critically, consider the downsides to your employer, because this is where your arguments will come from. Then if/when you are asked for a formal proposal you will have the prep done and should be prepared to couch a case without delay.

One thing I keep coming back to in my head is your statement "work requested a letter to see if my standard objectives were achievable". Who wrote the letter, then who made the negative assessment, and (if you don't mind disclosing), what was considered unachievable? And finally, when do these objectives have to be met by, and maybe rhetorically, how have past performance appraisals gone?

Do try to reach some form of agreement or compromise without going down the grievance route. That can be so damaging to working relationships, but I fully understand you probably do need to work and therefore will be interested in continuation of service, rather than just finding another job, where shorter term you would have no security. But, your worse case scenario preparation has to start now. I would advise you document everything that has happened to date, including any documents, emails, reports you have. I would also,email it to myself, at home.