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Diabetes and DDA

J

Johnsie

Newbie
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4
Hi,

I was diagnosed in Feb with Type 2 diabetes. I am currently trying the diet alone approach.

I have high blood pressure, high cholesterol and Asthma as well.

The doctor prescribed an Exercise/Education Referral to the local council gym with a Diabetic nurse in attendance at every session.

My work have referred me to Occupational Health who stated today that I should not be given the time off as my diabetes is not medicated and one a day to day basis there is no effects to me if I stop or start the exercise.

Is this correct? Do you have to be on medication to be covered under DDA?

This means all my appointments, podiatrist, eyes, diabetic nurse, HBac1 appointments are not covered.

They did say my Asthma was covered under DDA but as the exercise/education and appointments were not to do with that I would not be covered.

I'm a civil servant but don't hold that against me...

What are your views?
 
Hi.
First of all as a Diabetic, whether treated by meds or not you are covered by the Disabilty Discrimination Act. Your HR Dept should be aware of this. Perhaps you should gently remind them of this. As you have been prescribed 'exercise' then that is considered treatment.

Here is a link to up to date info on the DDA.
http://www.direct.gov.uk/en/DisabledPeo ... DG_4001071

Here is a specific extract:
Disabled people Employment rights and the Disability Discrimination Act Disabled workers share the same general employment rights as other workers, but there are also some special provisions for them under the Disability Discrimination Act (DDA). One important aspect of this is the right to reasonable adjustments in the workplace.
The Disability Discrimination Act
Under the DDA, it is unlawful for employers to discriminate against disabled people for a reason related to their disability, in all aspects of employment, unless this can be justified. The Act covers things like:

Reasonable adjustments in the workplace
Under the DDA, your employer has a duty to make 'reasonable adjustments' to make sure you're not put at a substantial disadvantage by employment arrangements or any physical feature of the workplace.

Examples of the sort of adjustments your employer should consider, in consultation with you, include:

allocating some of your work to someone else
transferring you to another post or another place of work
making adjustments to the buildings where you work
being flexible about your hours - allowing you to have different core working hours and to be away from the office for assessment, treatment or rehabilitation
providing training or retraining if you cannot do your current job any longer
providing modified equipment
making instructions and manuals more accessible
providing a reader or interpreter

Hope that helps.
 
Thanks but their arguement is that I am not covered under the DDA.

The exercise that is prescribed is not something that if I stopped would have a detrimental effect in my day to day life....long term yes but not on a daily basis.

So as I have nothing to stop that would effect my daily life immediately they deem it not to be protected by the DDA.

They advised that if I was on insulin then I would be covered as if I stopped taking insulin there would be an effect immediately....

It seems drastically unfair...Until I find somewhere that states it does not matter if you are on medication or not then I will not get it....

Thanks...
 
As a Diabetic you ARE covered by the DDA. They need to read the Act and the guidelines in the post I made earlier. They may be interpreting it that way, doesn't mean they are right. As you are prescribed treatment then it may be they are disregarding that. That is something ACAS and an Employment Tribunal will advise you more correctly on. You will either have to accept the companies decision or take it further to test it ?

Here is a link which details the actions to take if you feel you are being discriminated against.
http://www.direct.gov.uk/en/DisabledPeo ... DG_4001073

That will settle the matter once and for all. Personally I find their argument flawed.
 
Johnsie
My husband is a longtime T1 and also a civil servant.
He manages to get all his appointments in on his flexitime.
Perhaps your local sports centre has an instructor trained to work with people with health issues. Ours has. then the diabetes Nurse might not be necessary and you might get more freedom of time choices.
Hana
 
Hi Hana,

Thanks for your reply.

The local gym, also the place I have been "prescribed" to attend will not allow me to join or attend unless it is during the Diabetic session which has two nurses present, they tell me the risk for a heart attack etc is too high in my case and that they would not be covered.

It essentially means if I die they are responsible and they will not take that responsibility, most gyms are the same, if I am honest on their forms they want a written confirmation from the doctor as to what I can do and some even just refuse the membership...

I'm type 2, type 1 is automatically covered.

J
 
Johnsie, you need to talk to your union.

No medication is not a no treatment option, and it isn't a less severe form of diabetes. Diet and excercise alone is a much more intensive management option than just taking pills.

Your occupational health dept do not know what they are talking about. You could also contact the equalities watchdog and get specialist advice from them. Who made this decision? Being medically qualified des not mean that they know the law.

You also have the option of telling lies - get a prescription and say you are taking them. Would that make it more real for them? Although I'd always suggest honesty being the best policy. I'm not clever enough and my memory isn't good enough to remeber lies.
 
Hi Spiral,

The union are aware of the response, I await the full report from the Health Referral and will take it further from there. The union are worse than useless as far as i can see, they made no comment when I emailed them after the meeting I had with the alleged independent health referral company...

My manager knows I will take it further but will do nothing to help, they have read the online guides and just say that DDA is so wide and it does not tie down what is covered and is not according to them.

Thanks


John
 
I wonder if your delightful employer would be prepared to formally test their assertion regarding your coverage under the DDA? They might find it costs them rather a lot of money.
 
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