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diabetes and redundancy

C

chop363

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Re:diabetes and redundncy


hello i have recently been made redundant i have had diabetes type 1 for 24 years i worked for the company for 17 years last year i was off work for 3 months with a foot ulcer i returned to light duties in janurary doing computer work as the company were getting me some special made shoes for my ulcer during this time my job was covered by another person as i was on light duties and off sick before i was unable to train on 2 machines which lost me out on my score in the matrix for redundancy the company never said this was the case and said they had not taken my absence into account does this class as prejudice towards my diabetes
 
Hiya, sorry to hear that you've been made redundant. I would suggest you contact ACAS. They should be able to tell you whether your employer was within their rights to lay you off. Hope you get things sorted soon! Take care. Em
 
Elc1112 said:
Hiya, sorry to hear that you've been made redundant. I would suggest you contact ACAS. They should be able to tell you whether your employer was within their rights to lay you off. Hope you get things sorted soon! Take care. Em
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thanks em
 
Hiya!

Well, if you are not capable of carrying out your duties due to illl health, your employer is within their rights to dismiss you on grounds of ill health as you are not able to perform the duties you are contracted to perform. However, this has absolutely nothing to do with redundancy and must be handled completely separately.

Your employer must not use your diabetes against you when it comes to making redundancies - that would be disability discrimination. If they have used a points system to decide who gets made redundant, they must ensure that you were not disadvantaged in that system because of your disability. So, for example, if they are giving points for attendance, they must disregard absences due to disability and award your points on th,e basis of other absences. Therefore, if you haven't had the training in two machines because you were absent due to your disability, I think they have to disregard that. It's a tricky one, but they are certainly very close to discrimination.

If I were you, I'd ring Diabetes UK advocacy service. They will be able to give you the full facts and help you find out whether you have a case.

Good luck

Smidge
 
smidge said:
Hiya!

Well, if you are not capable of carrying out your duties due to illl health, your employer is within their rights to dismiss you on grounds of ill health as you are not able to perform the duties you are contracted to perform. However, this has absolutely nothing to do with redundancy and must be handled completely separately.

Your employer must not use your diabetes against you when it comes to making redundancies - that would be disability discrimination. If they have used a points system to decide who gets made redundant, they must ensure that you were not disadvantaged in that system because of your disability. So, for example, if they are giving points for attendance, they must disregard absences due to disability and award your points on th,e basis of other absences. Therefore, if you haven't had the training in two machines because you were absent due to your disability, I think they have to disregard that. It's a tricky one, but they are certainly very close to discrimination.

If I were you, I'd ring Diabetes UK advocacy service. They will be able to give you the full facts and help you find out whether you have a case.

Good luck

Smidge
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