can they keep me from working if i been deemed fit

Tommy. Are there other Type 1 diabetics where you work? I am pretty sure there will be, or if not at least Type 2 insulin dependent diabetics. Is there anyway you can speak to them to find out if they have any restrictions and how they go about working with these restrictions.

You may also need to re look at the Occupational Health report again. The restrictions they imply are usually specific and not just related to the type of shift you do.

I have been diagnosed diabetic for a little over 1 month. I initiated an Occupational Health report with my company just to "cover my back". I felt that if anything happened after I was diagnosed at work, I could be disciplined for not bringing my change in health to my employers notice.

I was given a "Fit for Work" notice, however they also made restrictions that I was not allowed to work alone, despite as a Type 2 diabetic with blood glucose running high, I have more change winning the lottery than having a hypo. They have said that they will review this restriction when I make a follow up visit 6 weeks later.

I am loathe to side with your employer however, working in a safety critical job with machinery may not be suitable for you if you are at risk of a hypo. I am no expert on Type 1 diabetes but I believe there is a CGM (Constant Glucose Monitor which will emit an alarm if your blood sugar goes below a certain level. Maybe if you have this type of monitor attached to you, your employer will feel more confident with your safety and allow you back to work. Would this be worth discussing with your employer?

tommyg2014 said:

hi they have said they cant have me back even tho everybody has said im ok. i have had to get a doctors note till the 26th when i have the next visit with OH, i had to get it or i wouldn't get any money but i have got a copy of the OH report and it even has a tick in restricted box and not the absent box, i rang them and they said its because they cant accommodate the restrictions even tho i dont need to be on nights till after the appointment date.
all i can do is wait till that date and if they still don't let me go back i will have to look into finding out how i start the process of a discrimination case.

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Hi@tommyg2014,

I've only just logged in and seen this since being off line for almost 2 months...

Type 1 diabetes is classed as a disability and comes under the protection of the Equality Act 2010. You need to contact CAB (Citizens Advice Bureau) with the details because this sounds like discrimination based upon fear and ignorance.

You mentioned you're a permanent temp/agency worker - I'm not entirely sure what you mean by that, but am I right in guessing you've been working through them for at least a year?

CAB will be able to give you solid legal advice based upon your circumstance and I think you need to get that before taking the next step. Once you get that info, you need to contact a senior manager at the agency and discuss your situation... disability discrimination is as sad and pathetic and illegal as race and sex discrimination, so getting the legal advice will help you resolve your case.

The agency and the car manufacturer have a legal obligation to make suitable adaptations or alternative arrangements to your working environment - if, as you say, there is someone else there from the agency being permitted to work day shifts whilst you are not, then that is potentially discrimination against you on the basis of your disability.

You have no need to resign or do something else drastic - yet! Contact CAB and get their impartial (and free) advice, then go from there.

Good luck, and keep us posted.

Best wishes,
Conrad

tommyg2014 said:

Looks like I'm gonna go cab tomorrow see if they can advise me anymore thanks again

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Anytime. Good luck with CAB - they are overstretched and underfunded, but you will get impartial advice that can direct you elsewhere.

Hi@tommyg2014

How are things? Did you get an appt with CAB?

tommyg2014 said:

Hi again Conrad. I went toy local CAB on Tue but they was too busy too see me and they was closed the next day. I was going to go back on Thursday but work rang me and said they have got me a medical on Tue so I think I will attend that first. I have feeling they gonna get me back in.
I spoke to a work mate a few days ago and he told me between my first meeting and the 2nd part of it they announced in work I had been laid off and then 2-3 later said there had been a mistake and I was still off sick. Which I'm not happy about. I defo think they planned to get rid of me and realised they would be in a bad position if they did.
Oh well we will see on Tue hopefully I can just go back in and carry on as normal. Thanks again tommy

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I would suggest that you really look after yourself in the intervening period, so that you minimise any potential for unexpected findings. On the day, I would ask for a copy of the medical report, at the same time as it is sent to the Agency. Whichever way it goes, you will want to see what they see.

Personally, if you can get into the CAB on Monday, I might be inclined to go and learn from them anyway. Knowledge is power and all that.

tommyg2014 said:

hi all well i just been to occ health and they have said im fit for shift work and agency has said i can go back in tomorrow on nights hopefully i can just get back on with life again now and earn some money, thanks for all the support guys and girls
Tommy

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That's an excellent result Tommy. You must be relieved.

Fantastic news, what a ****** experience though...........


Any chance of a claim for lost earnings...............

novorapidboi26 said:

Fantastic news, what a ****** experience though...........


Any chance of a claim for lost earnings...............

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I was just thinking exactly the same thing!

Otherwise, great news Tommy - good luck with getting back into the swing of things.

Fantastic news Tommy!!! Really pleased for you!!! X

Hiya Tommy. Sorry to hear about your terrible experience.
There are a couple of points I would like to raise -
Firstly (after many years in recruitment with agengies) I am not sure about your employment status, do you work for the agency or the car manufacturer? Who pays your wages and issues you with your payslips (and should have given you a P60 shortly after May 2014) etc,? In my experience (unless they've drastically moved the goalposts since I left my last agency) you would either be a temporary worker, paid by the agency on an hourly basis OR a permanent employee. paid by the car manufacturer directly, either on a weekly or monthly wage. Either you have not been properly advised of your employment rights and status, you have misunderstood what you've been told or you have been mislead by someone.
Secondly, on the face of it (and I have no in-depth knowledge of employment law) there appear to be good grounds for some kind of action (by you) to recover your lost income from whoever prevented you from doing the job you HAD been paid to do up until you informed them of your diagnosis. It's worth checking out with the CAB and/or get some free advice from an employment law solicitor.
Glad you're back at work, hope it continues for as long as YOU want it to and also hope you manage to get some compensation for your inconvenience.