Work Related Diabetes Issue

[dodge13]

Hello everyone,

Not sure if anyone has ever experienced this but I work in a fairly demanding retail environment with a team of people who are generally very understanding and sympathetic with regards to how testing blood sugars etc is concerned. However in the last 6 months we have had a new manager who is quite frankly useless and kept sending me on lunchbreak last after everyone else at like 3:30pm and other annoying things like that and despite many protests and explanations as to why this can be dangerous to my daily sugar levels it still happens every now and then.

As a type 1 of only about 4 years (aged 24) I struggle a lot with my levels still due to complications such as psychological issues with food and as a result often have fairly poor results and when this kind of thing happens often I end up finding myself with a higher blood sugar for most of the day because when I get to eat lunch and inject I would normally have dinner just 3 or 4 hours later which means double dosing.

Anyway, my question is surrounding the legalities of the workplace, having been forced to speak to an occupational health representative about the condition (after having worked there for 3 years already...) I received a conclusive letter that explains the need for lunch breaks at certain times but as it isn't happening can you leave a job in the UK without giving the contracted notice period on the grounds of reckless health risks? In the sense that for as long as they ignore my need to have a regular lunch break (12-2 I thought was a pretty fair window to fit in a 30 minute break when only 3 or 4 of us work in one day anyway) and that causes risks to my health can I leave much sooner on the basis that their failure to comply or accomodate my health is causing detriment?

Sorry it's a bit of a technical one but I worry that a legal forum wouldn't understand the diabetes side of things, anyone experienced workplace issues with the condition?

Much appreciated

 

[Fayefaye1429]

Hiya O your work sound rubbish with the needs. Well as I believe to my knowledge diabetes comes under the disability act. If they are not conforming to it I would suggest seeing citerzins advice as you have a strong case. I am not to up in my legal side but I know work place have to be showing to accommodating otherwise they can be sued. Can your diabetic team help at all? Do you mind me asking it sounds like your on a struck pen diet? Could you explore more support physically and emotionally for you generally too? I use to work in a shop but I have to say they were good but it was health shop so. All I can say really in terms of leaving I would encourage to talk to your d team it s feel like you would have a good case for neglect of needs in the workplace and it might be worth exploring your options before leaving. Sorry I can't give more on this good luck

 

[graj0]

Sorry to hear that your new manager is such an a.$.h0le, do they have to go on a special course? It's a difficult one and I think proper legal advise is required. Is your firm big enough to have an HR department, if so, is that an avenue to pursue? Have you explained to your manager that you really have to be fed and injected within a certain time (generous allowance you give them too) and that failure could have unpleasant results for you and for his negligence?
Good luck, I wish there was a really simple answer.

 

[AndBreathe]

I think you need to consider and balance a number of factors in all of this. What is your notice period? If it is a week, or for that matter, even a month, what do you gain by walking early?

In my experience of changing jobs, although I have never worked in retail, few places are ready to start someone "next day" or next week in reality. If they need to do references or sort out admin, that can take up much of a couple of weeks anyway.

The other things to consider are: What would you say to your new employer? Would you tell them you are going to walk, and therefore can start on Monday? If you do, what sort of impression is that going to give, and how secure could they feel that you wouldn't do the same thing to them in a month or two, six, twelve? As a hiring manager, any statement like that would ring all manner of alarm bells and potentially make me reconsider an offer. In contractual terms, even when you have an offer, you don't have a contract of employment until you actually start work and begin to trade your skills, time and expertise for their cash, so pulling out between times can happen, albeit not that often.

Secondly; reputation. Your reputation with your current employer and others. It takes a lifetime to build a reputation for being a solid, honest individual who acts with integrity, but that reputation can be lost in an instant.

And finally, should you walk, your employer does have the right to sue you for their loss. It's hugely unlikely to happen as the cost of any such action is likely to be more than any potential award to them, bearing in mind that would take your contractual notice period into account. But, if you walk, I would suggest it to be extremely unlikely you would be paid for a moment longer than the service you had worked. Any accrued, untaken holiday pay would need to be settled, but they could be extremely tardy paying that on the basis of your behaviour; especially if your line manager is miffed with your behaviour.

I would suggest if you really feel you can't make the current situation work, you would be better to find yourself another job and leave with your head held high. If you have worked with your current employer for four years, it can't have been all bad. Leaving, without serving your notice would be likely to burn your bridges and effectively ruin any chance you might have to go back to that company in the future. Your current manager may move on at some point, and you might fancy going back if you liked it enough for four years.

Obviously, it makes sense to keep trying to resolve the issue, but better to leave with your heald held high knowing that you have behaved impeccably during the whole process, and not get into any "I'll show her" behaviour, which can come back and bite us on some tender parts.

Good luck with it all.

 

[tim2000s]

I'd also comment that from your post, you seem to have other issues going on. If you are on MDI (which is what it sounds like from what you've said), a four hour gap between insulin isn't really going to cause issues. Equally, the point of MDI is to make it easier to manage irregularities.

As it stands, not getting a lunch break at the time you think you need it doesn't really pose you a health risk, it's more of an inconvenience.

If you really can't cope with it, get out using normal means - find a new job and hand in your full notice. Don't walk away claiming reckless health risks, because in spite of your diabetes, I don't believe having erratic meal timing can really be considered in the same vain as sending someone into an asbestos ridden work place without appropriate protection, which is what you are suggesting.

 

[Ambersilva]

Hi @dodge13

With MDI we do gradually learn how to vary our injections for delayed or missed meals while keeping our blood glucose at good and safe levels. On a working day, I have a good breakfast at around 11:00 and miss lunch then have dinner at 19:00. Sometimes, I miss breakfast then have lunch at 13:00 and dinner at 20:00. Other days I consume three meals at six hour intervals.

 

[dodge13]

Hiya O your work sound rubbish with the needs. Well as I believe to my knowledge diabetes comes under the disability act. If they are not conforming to it I would suggest seeing citerzins advice as you have a strong case. I am not to up in my legal side but I know work place have to be showing to accommodating otherwise they can be sued. Can your diabetic team help at all? Do you mind me asking it sounds like your on a struck pen diet? Could you explore more support physically and emotionally for you generally too? I use to work in a shop but I have to say they were good but it was health shop so. All I can say really in terms of leaving I would encourage to talk to your d team it s feel like you would have a good case for neglect of needs in the workplace and it might be worth exploring your options before leaving. Sorry I can't give more on this good luck

Thanks, Fayefaye1429 - yeah I am really new to the Type 1 situation though which worries me quite a bit when things like this come up! I will seek advice for sure

Sorry to hear that your new manager is such an a.$.h0le, do they have to go on a special course? It's a difficult one and I think proper legal advise is required. Is your firm big enough to have an HR department, if so, is that an avenue to pursue? Have you explained to your manager that you really have to be fed and injected within a certain time (generous allowance you give them too) and that failure could have unpleasant results for you and for his negligence?
Good luck, I wish there was a really simple answer.

Thanks I will do my best to seek legal advice as you have suggested, they do indeed have an HR department which I may well call and find out more!

I think you need to consider and balance a number of factors in all of this. What is your notice period? If it is a week, or for that matter, even a month, what do you gain by walking early?

In my experience of changing jobs, although I have never worked in retail, few places are ready to start someone "next day" or next week in reality. If they need to do references or sort out admin, that can take up much of a couple of weeks anyway.

And finally, should you walk, your employer does have the right to sue you for their loss. It's hugely unlikely to happen as the cost of any such action is likely to be more than any potential award to them, bearing in mind that would take your contractual notice period into account. But, if you walk, I would suggest it to be extremely unlikely you would be paid for a moment longer than the service you had worked. Any accrued, untaken holiday pay would need to be settled, but they could be extremely tardy paying that on the basis of your behaviour; especially if your line manager is miffed with your behaviour.

I would suggest if you really feel you can't make the current situation work, you would be better to find yourself another job and leave with your head held high. If you have worked with your current employer for four years, it can't have been all bad. Leaving, without serving your notice would be likely to burn your bridges and effectively ruin any chance you might have to go back to that company in the future. Your current manager may move on at some point, and you might fancy going back if you liked it enough for four years.

Obviously, it makes sense to keep trying to resolve the issue, but better to leave with your heald held high knowing that you have behaved impeccably during the whole process, and not get into any "I'll show her" behaviour, which can come back and bite us on some tender parts.

Good luck with it all.

Hey, my notice period is 30 days which I may as well just see out at this point because it seems taking the employer on over it seems like too much hassle, and I don't really gain anything except gaining my own control over my mealtimes / injections etc.

In terms of reputation, it's a major chain in the UK with thousands of employees, and I absolutely have no interest in returning another time so I do think this won't be a problem (my line manager and previous manager's have provided references gladly)

and thanks for your supportive advice

I'd also comment that from your post, you seem to have other issues going on. If you are on MDI (which is what it sounds like from what you've said), a four hour gap between insulin isn't really going to cause issues. Equally, the point of MDI is to make it easier to manage irregularities.

As it stands, not getting a lunch break at the time you think you need it doesn't really pose you a health risk, it's more of an inconvenience.

If you really can't cope with it, get out using normal means - find a new job and hand in your full notice. Don't walk away claiming reckless health risks, because in spite of your diabetes, I don't believe having erratic meal timing can really be considered in the same vain as sending someone into an asbestos ridden work place without appropriate protection, which is what you are suggesting.

Thanks for your reply but I must disagree, I am not suggesting that my situation is the same as that at all, but when occupational health lay out what they believe is an acceptable and required plan, and the manager chooses to ignore it, there lies a problem. I have only had type 1 for around 4 years and I struggle knowing what to inject and when sometimes as we all can do, and diabetes practitioners and in my case nurses have written letters for my employer that explain the importance to have lunch between 12pm and 2pm, none of that was my input - I am only taking advice being given to me, if that's all wrong then I may as well stop pursuing it now which I will do if that is the case!

Hi @dodge13

With MDI we do gradually learn how to vary our injections for delayed or missed meals while keeping our blood glucose at good and safe levels. On a working day, I have a good breakfast at around 11:00 and miss lunch then have dinner at 19:00. Sometimes, I miss breakfast then have lunch at 13:00 and dinner at 20:00. Other days I consume three meals at six hour intervals.

Thanks for this, I haven't had it very long really and I still struggle with it especially knowing injections and amounts etc.

 

[Bobbie096]

Hello Dodge13

Type 1 diabetes is covered by the Equalities Act 2010. This places a legal obligation on employers to make changes to the work place or working conditions in order to assist a disabled/diabetic employee to perform their role effectively. Any such change to accommodate the disability should be considered and undertaken if this is reasonable for the employer to do. Reasonableness is not specifically defined in law but will involve consideration of factors such as cost and the practicality of making any change required. In your case it would seem likely that adjusting your lunchbreak to accommodate your diabetes would be a 'reasonable' thing to do, especially if you have medical evidence in support of this. Any failure to apply a reasonable change on the part of your employer could give you grounds for complaint to an employment tribunal on grounds of disability discrimination. the onus is on the employer to prove that they have not discriminated.

Having said all of this in terms of the legal position this should very much be seen as a position of last resort, not least because it costs money to lodge a tribunal claim. I certainly would also not walk out of your job without serving your notice period asthis could be construed as a breach of contract on your part. If you are planning to leave the I would recommend serving your notice period and leaving amicably if you can - for all of the reasons outlined by 'and breathe' earlier. Not least because you need good references for your next job. My best advice is to try and resolve this issue in your current workplace through a calm and rational discussion with you manager, preferably with an HR officer present and see if you can work this issue outwith reference to the medical advice in your possession. At a formal meeting of this type you may be entitled to bring a trade union represntative or a colleague with you. If your colleages are understanding of your condition and willing to assist you may be able to work out amicable lunchtime arrangements between yourselves and presnt this to your manager as a proposal? Just a thought.

 

[AnnaCollis]

My advice is to call ACAS, they are they experts on employment law and the number is free to call. The employee Sickness Issues number is 0808 252 0567.