Boss making me stay longer for breaks I need for giving insulin and food

[Griffithsr13]

Hello all I’m after some advice if anyone could help. I work in a physical job and have type 1 diabetes and suffer with depression. My boss has changed our breaks from a 15 minute break in the morning and 30 minutes for lunch to just a 30 minute break for lunch which we don’t get paid for as most businesses. I’m not saying anything about the not getting paid for it bit I know most people don’t. We didn’t before that’s not the issue. My issue is that because of the physical work I do I need my morning break to eat something to stop hypos and sometimes I have hypos during the day. However he’s saying that I’m contracted to 40hrs a week and must do 40hrs which means I have to stay later to make up the time or make up the time on a weekend. He also does this if I have to go to the doctors for my appointments or for Counciling is this right. I can’t find any information on it under the equality at work act 2010.
Would be grateful of any advice or help to find the information.

Thank you

 

[KennyA]

Hi, I do wonder about some employers.

I'm more than a bit rusty with this so apologies if I don't make sense. Diabetes is a recognised "unseen" disability and would be covered by the Disability Discrimination Act 2010.

Your employer is in breach of the Act if he doesn't make reasonable adjustments for you at work. You don't need to ask for them or argue for/justify them - the burden to do what's needed is on the employer. I'm assuming from what you've said that your employer is aware you're T1.

These links might be a start.

Some people worry about what bearing their diabetes will have on their employment.

Some people worry about what bearing their diabetes will have on their employment.

www.diabetes.co.uk

What reasonable adjustments are - Reasonable adjustments at work - Acas

What reasonable adjustments are and when an employer must make them for someone with a disability.

www.acas.org.uk

I would think that any reasonable tribunal would agree that allowing you a break to eat to avoid hypo would be the minimum your employer should be doing. Ultimately these issues get decided at an employment tribunal, but there's now plenty of earlier cases

You might need to talk to Citizen's Advice or even get some free legal advice from an employment solicitor. Your employer can't sack or victimise you if you do so - some will try to, but courts and tribunals come down hard on them.

 

[AndBreathe]

Hello all I’m after some advice if anyone could help. I work in a physical job and have type 1 diabetes and suffer with depression. My boss has changed our breaks from a 15 minute break in the morning and 30 minutes for lunch to just a 30 minute break for lunch which we don’t get paid for as most businesses. I’m not saying anything about the not getting paid for it bit I know most people don’t. We didn’t before that’s not the issue. My issue is that because of the physical work I do I need my morning break to eat something to stop hypos and sometimes I have hypos during the day. However he’s saying that I’m contracted to 40hrs a week and must do 40hrs which means I have to stay later to make up the time or make up the time on a weekend. He also does this if I have to go to the doctors for my appointments or for Counciling is this right. I can’t find any information on it under the equality at work act 2010.
Would be grateful of any advice or help to find the information.

Thank you

To be honest, I'd give the Diabetes UK helpline a call. The numbers are in this link here: https://www.diabetes.org.uk/how_we_help/helpline

They will be up to date with the various ins and outs.

Your employer has a duty of care to ensure your safety, but that will usually involve conversations to agree what that might mean, in terms of your diabetes. For that discussion, it will be good to know what they must do, and also what compromises you might be expected to make in coming to an agreement. Not saying this is your attitude, because I have no clue, but going into such a conversation with a "you've got to change" attitude won't do either of you any favours.

An agreement may not be reached in a first conversation, so anything they might put on the table, I'd suggest you take it away for thoughts on how you can make it work, or why it won't work, so that any secondary conversation can be more meaningful.

First steps though: Diabetes UK Helpline.

Good luck with it all.

 

[aylalake]

Legally an employer does not have to allow you time off for medical appointments although as @AndBreathe says, they do have a duty of care.

Break-wise, you are legally entitled to an unpaid and unbroken 20 minute break within a 6-hour shift. Perhaps you could negotiate that you take a 10 minute break and a 20 minute lunch break, since you are being given 30 minutes anyway?

 

[Guilty]

You can contact ACAS for free advice on UK employment law. And how you can approach things like this with your employer. https://www.acas.org.uk/contact

 

[searley]

An employer has to make accommodations however permitting you to treat yourself and expecting you to make up the time at the end of the day so you have still worked your hours could easily be classed as a reasonable adjustment. Unless you can prove this is causing unreasonable disadvantages to you

 

[AndBreathe]

Legally an employer does not have to allow you time off for medical appointments although as @AndBreathe says, they do have a duty of care.

Break-wise, you are legally entitled to an unpaid and unbroken 20 minute break within a 6-hour shift. Perhaps you could negotiate that you take a 10 minute break and a 20 minute lunch break, since you are being given 30 minutes anyway?

My understanding is they have to allow time off (within reason, with credible notice), however, they do not have to pay for the time, or they cask ask the time is made up.

 

[searley]

My understanding is they have to allow time off (within reason, with credible notice), however, they do not have to pay for the time, or they cask ask the time is made up.

The law is vague and is typically decided by a judge.. the law states that reasonable adjustments must be made.. this can include extra breaks. Time off for appointments is also covered.. however it does not put the burden of these costs on the company.. so a day off for an appointment they are required to allow time off but are not required to pay you during that time

Extra breaks for food/treatment. These can be treated as reasonable adjustments but again the company is not required to fund this unless it agrees to, so you can be expected to make the time up, or be paid less, All depends on what the company agree’s or you go to tribunal and judge rules other wise

Best bet is to get the company to give you an occupational heath referral and discuss with them your daily needs.. the will help put it in writing that extra breaks etc are required, this advice can also be quite valuable should you need to go further

 

[AndBreathe]

The law is vague and is typically decided by a judge.. the law states that reasonable adjustments must be made.. this can include extra breaks. Time off for appointments is also covered.. however it does not put the burden of these costs on the company.. so a day off for an appointment they are required to allow time off but are not required to pay you during that time

Extra breaks for food/treatment. These can be treated as reasonable adjustments but again the company is not required to fund this unless it agrees to, so you can be expected to make the time up, or be paid less, All depends on what the company agree’s or you go to tribunal and judge rules other wise

Best bet is to get the company to give you an occupational heath referral and discuss with them your daily needs.. the will help put it in writing that extra breaks etc are required, this advice can also be quite valuable should you need to go further

I think we're saying the same thing there really. But good to know my grey matter is still holding some info.