OMG! That's weird, I was just reading about this case in work, it might be useful to you >>
Bonfield v West Yorkshire Probation Board ET/1808833/09.
Link :
http://www.clarkslegal.com/Legal_Up...undancy_scoring_was_disability_discrimination
It basically related to a redundancy procedure that the Company used and there was a legal obligation of the employer to consider discounting any disability related absences such as Diabetes when creating an absence score.
In your case however, there are a couple of things to consider. The above case was only a discrimination because the employer was previously aware of the employees Diabetes and the OH confirmed it was likely to be a disability related condition in accordance with the Equality Act 2010. Secondly, you would need OH to confirm that your absences were linked to your Type 2 Diabetes. there has been much debate in Employment Law recently as to whether Type 2 is considered a "Disability" in accordance with the Equality Act 2010 >
http://www.footanstey.com/bulletins/2697-is-type-2-diabetes-a-disability-under-the-equality-act-2010. The Equality Act 2010 defines disability as :
Disability
(1)A person (P) has a disability if—
(a)P has a physical or mental impairment, and
(b)the impairment has a substantial and long-term adverse effect on P's ability to carry out normal day-to-day activities. (
http://www.legislation.gov.uk/ukpga/2010/15/section/6)
This is a definition in accordance with the Equality Act 2010 which is used in the purpose of Employment Law. An OH advisor can confirm if you are likely or unlikely to be covered under the Equality Act 2010. If you already have this confirmed then your Employer should consider discounting any Diabetic related absence as a reasonable adjustment and the the purpose of redundancy scoring processes. It might be a good idea to print off the above links and taken them into work to show your Employer. If it's more than 20 redundancies, your Trade Union should be consulted, therefore if so you may wish to show this to your Trade Union who can challenge the Employer's scoring criteria.