Diabetic fit and work

[Roberta]

Hello there,
I recently had a diabetic fit and couldn't do my night shift at work. I've never been off this job for my diabetes but now my boss is saying she s going to give me another interview just because of this. I feel quite let down as my boss doesn't care that I've had a fit only if I turn up to work. I was just wondering can I get sacked just because I've had a couple of days off due to my diabetes?

 

[Patricia21]

Hello Roberta and welcome to the forum.
No you cant get sacked for being ill.
Do you have a contract or are you on zero hours?
Did you tell them you are diabetic on the health form with your application form?
I had to do back to work interviews,to show my concern,but never to sack anyone.

 

[Clivethedrive]

Hi Roberta,have you seen your doctor to get a medical certificate? As I understand it, the first 3 days do not need one , ps welcome to the forum:)

 

[urbanracer]

What do you mean by 'interview'? My employer routinely does Return to work interviews after periods of sickness and has been doing so for about 2 years now. Just another hairbrained scheme to justify the existence of the Human Remains department.

 

[Roberta]

No I'm not on a contract, yes they knew I was diabetic before I got the job. It's on my application form. I'm normally very good with my diabetes and I told the boss this in my interview. But with doing night shifts I've had to change a few insulin routines and it's been trial and error with getting my blood sugars right. I haven't had a day off yet for my diabetes. Then I had a fit, I told my boss and she said ' you told me you were good with your diabetes'. Which I normally am but everyone has their days. So now just because of this she's going to give me another interview for my job. Even though I'm good at my job and have recently been given a pay rise. But just because I had a diabetic fit and couldn't do that shift its caused all this. Making me feel like ****

 

[Roberta]

Oh right so the interview could just be to see what's happened? She told me she's disappointed in me though :/

 

[Patricia21]

It sounds like you may work in care.
I was a home manager before i retired and everyone had contracts.
I dont know much about zero hours.but she has no right to say she is disappointed in you.
If you are good at your job why noy try to get a job with a contract.
I could advise if I know what you do .

 

[urbanracer]

No I'm not on a contract, yes they knew I was diabetic before I got the job. It's on my application form. I'm normally very good with my diabetes and I told the boss this in my interview. But with doing night shifts I've had to change a few insulin routines and it's been trial and error with getting my blood sugars right. I haven't had a day off yet for my diabetes. Then I had a fit, I told my boss and she said ' you told me you were good with your diabetes'. Which I normally am but everyone has their days. So now just because of this she's going to give me another interview for my job. Even though I'm good at my job and have recently been given a pay rise. But just because I had a diabetic fit and couldn't do that shift its caused all this. Making me feel like ****

From my limited understanding of employment law, I find this a bit worrying. Going solely from your description it sounds like she might be implying that you lied at the first interview and therefore the company would have grounds to dismiss you. Hopefully it's a simple case of her not understanding the trials and tribulations of managing diabetes and that once you explain it to her she'll back off.

You wrote that you haven't had a day off for diabetes, over how long a period have you been employed at this company? Did you have the 'fit' ( which I assume means hypo), at work or were you at home? If at work, did you manage the hypo yourself or did it require the intervention of others ? And does your job put you in control of people and or machinery or other equipment with safety implications?

 

[Roberta]

I had the fit at home, I've worked there for nearly 5 months now. I work at a care home as a care assistant.

 

[Patricia21]

Why have you not got a contract?

 

[urbanracer]

Have you got past the basic trial period which from experience is usually 3 months in most companies but could be longer in your job? This is quite important as companies can get away with interpreting employment law less rigidly upto this point.

It might be that they simply want to reassure themselves that you are safe to be left alone in charge of elderly and infirmed people. If you look at it from the company's point of view that's a risk for them as well, but if you told them at the beginning then they excepted that risk. If they were not aware of the risk then you can't be held accountable for their ignorance.

So see how your 'interview' plays out, you may need to emphasise that you're prepared for hypo's and normally get plenty of warning (if that's true) and that you have time to take an energy drink or whatever you use to correct your BG's. Use your log book as evidence of your BG levels.

My partner works in an EMI care home also. I know from my experience with my partner Jess, that care home employment rules can be a bit sketchy to say the least. I don't think that her employment contract is worth the paper it's written on but you might be in a better position.

Let us know how you get on. When's the interview?

 

[jack412]

diabetes is classed as a disability in work law..discrimination is frowned upon and subject to hefty fines..someone here will know who to ring or search for similar topics

 

[AndBreathe]

I think we're all adding two and two and reaching our own individual totals here.

If you're back at work I would enquire about this "interview" and ask what it is proposed to achieve before deciding on foul play. It could be a meeting to understand if she (the employer) need to make any adjustments or allowances for you in order that you can safely perform your duties for all we know.

I would also be asking for confirmation of the"interview" in writing; to include the date, time, duration and objective. You can then review it in your own space, and if it feels unfair, you can seek advice based on your employer'so documentation, not your memory or interpretation. You can also then decide if you would like someone else present during the meeting.

Good luck with this, but please don't go into a vortex of gloom and gloom until things are a good deal clearer.

 

[donnellysdogs]

All places that I have worked and my hubby too have to do return to work interviews. This is a requirement to ensure that everybody is treated fairly.

The wording of an interview is an oddity without saying a return to work interview. They do have to ensure that you are fit to work and it could be that they could suggest that you just work day shifts only in the future.. And that would be reasonable as on night shifts in care homes there are very few staff and it would be reasonable for your health to be maintained that they could make suggestions on how to help you and them.

It could also be deemed fair for them to extend any probationery time too as I know one large organisation of care homes have a 6 month probation time and no sickness is allowed.. If it does occur then your probation could be extended by a further 3 months..

Even if you are zero contacted hours as many care homes do nowadays then you still should have a contract stating zero hours. Employers used to have 14 weeks I think to do this, but its probably changed to less than that now.

Even a hypo at home that stops you going to your shift is needing a RTW interview.

My hubby has enormous qtys of these to do on staff and they have to cover every single eventuality... Very thoroughly...

 

[urbanracer]

All places that I have worked and my hubby too have to do return to work interviews. This is a requirement to ensure that everybody is treated fairly.

My hubby has enormous qtys of these to do on staff and they have to cover every single eventuality... Very thoroughly...

Whatever your company tells you, the RTW concept was originally introduced as a tool to disuade persistant sick note employees from taking time off. Basically they are looking for skivers and the policy has been shown to work well in large companies where the total number of sick days booked usually falls dramatically after the scheme is introduced. It has nothing to do with fairness and is typical of HR policies that treat people as a resource rather than human beings.

 

[AndBreathe]

Whatever your company tells you, the RTW concept was originally introduced as a tool to disuade persistant sick note employees from taking time off. Basically they are looking for skivers and the policy has been shown to work well in large companies where the total number of sick days booked usually falls dramatically after the scheme is introduced. It has nothing to do with fairness and is typical of HR policies that treat people as a resource rather than human beings.

As a former manager of significant numbers of people, it is also important to understand what is going on for others. You might be surprised what clues a manager can get on these return to work interviews.

But, whatever it is, and whatever its objective, I think @Roberta needs to ensure she gets the best out of it for herself, as well as any other company led objectives. By starting robust record-keeping now, she will be best prepared to deal with whatever she finds to be the case, and she she is serious about the situation she finds herself in.

 

[Brunneria]

I should have a little think before you have your Return To Work interview,

Her 'disappointed' comment seems out of order. And she may repeat it in the interview.

A little planning beforehand will provide you with a polite, professional, response.
It could make all the difference between her treating you as a target, or a colleague in the future (bullies, like sharks, are stimulated by the scent of blood in the water).

May I suggest one of the following (whichever is most appropriate):

'Well, as you know, my diabetic control is usually excellent. I know why it happened and have taken steps to prevent it happening again.'
or
Said with a smile 'Well I'm disappointed that you are disappointed. I've been working here xxxx long, and this hasn't happened before, so you know this is a one off event.'

The other thing you have to factor in is that managers have a natural (human) tendency to assume that most young people who take sick days around Xmas, new year, and on Mondays, are suffering from self inflicted hangovers. Of course this isn't always the case. But sometimes it is. It certainly happens where I work. And the the question must always lurk in the back of their minds...

 

[donnellysdogs]

Whatever your company tells you, the RTW concept was originally introduced as a tool to disuade persistant sick note employees from taking time off. Basically they are looking for skivers and the policy has been shown to work well in large companies where the total number of sick days booked usually falls dramatically after the scheme is introduced. It has nothing to do with fairness and is typical of HR policies that treat people as a resource rather than human beings.

The large companies that we worked for as in all organisations do have skivers but also leading on from RTW's especially with fit to work notes then they are used to primarily to ensure that people are all treated fairly especially with disability, pregnancy. It is no good someone coming back to work after a diagnosis if say diabetes as an example and for the Company to not realise that there is a period of adjustment that is needed.. Especially for people on medication etc that can affect their ability to drive fork lift trucks etc.

I know my hubby and a HR manager I know do everything they can at an interview to ensure people are treated as people... Not as a resource. I did the same in my days of management. We all have wormed skivers out but personally I have never known anybody to be wormed out due to any critical illness. There are many illnesses like diagnosis of cancer, MS etc that have to be dealt with in the most careful manner with the employee to respect their dignity and respect etc... Ie how would you feel like going back to work with an ileostomy bag that can leak, smell and explode???

RTW's should not be feared unless you have bad management at the helm..... I disagree with person in the quote, sorry.

 

[noblehead]

No I'm not on a contract, yes they knew I was diabetic before I got the job. It's on my application form. I'm normally very good with my diabetes and I told the boss this in my interview. But with doing night shifts I've had to change a few insulin routines and it's been trial and error with getting my blood sugars right. I haven't had a day off yet for my diabetes. Then I had a fit, I told my boss and she said ' you told me you were good with your diabetes'. Which I normally am but everyone has their days. So now just because of this she's going to give me another interview for my job. Even though I'm good at my job and have recently been given a pay rise. But just because I had a diabetic fit and couldn't do that shift its caused all this. Making me feel like ****

Just see what is said at the works interview and take things from there if need be, as said by others, most work places do return to work interviews when a employee has been absent, you may just be worrying yourself needlessly.

 

[jopar]

Hi Roberta

I work in specialist dementia care, my company won't allow me to work nights due to my diabetes, must admit I'm more than happy about this so haven't argued against this decision.

I assume the 'fit' was caused by a diabetic hypo...

The interview is likely to be a blog standard 'Return to Work' interview standard policy for almost all companies now when an employee has missed as missed at least a part of a days work due to illness!

It is possible that your company may decide the 'risk' of you suffering a diabetic hypo that will incapacitate you to continue to fulfill your duties while on night shift would endanger the residents welfare leaving staffing levels dangerously short.

Under these circumstances any action they take has to comply with the Equality Act... Which now covers both discrimination and disability acts

They would have to either offer you alternative position within the company, if that wasn't possible they could make you redundant..

If they decide to make you redundant, they do have to follow redundancy law, but they also have to pay you compensation to any redundancy entitlement you might have. Which in your case you wouldn't be entitlement for any redundancy payment you haven't be employed by them long enough. But they would still have to compensate you though.

If you decide that a alternative position isn't what you want for what ever reason, then the company will have to follow the redundancy procedure and still compensate you... They can't say we won't pay up.

I would speak with CAB and ACCAS, ACCAS won't automatically take up your case but will advise you along the way and when you reach a certain point with your employers they will then take up your case if necessary.

With ACCAS as my hubby found out (he's a T1'er as well) when he was having problems with his employer after over 20 years of service with them, then when it came to the that ACCAS needed to step in, it took one phone call from ACCAS and the company left skid marks they back tracked so fast