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<blockquote data-quote="jopar" data-source="post: 719101" data-attributes="member: 11712"><p>Hi Roberta</p><p></p><p>I work in specialist dementia care, my company won't allow me to work nights due to my diabetes, must admit I'm more than happy about this so haven't argued against this decision.</p><p></p><p>I assume the 'fit' was caused by a diabetic hypo...</p><p></p><p>The interview is likely to be a blog standard 'Return to Work' interview standard policy for almost all companies now when an employee has missed as missed at least a part of a days work due to illness! </p><p></p><p>It is possible that your company may decide the 'risk' of you suffering a diabetic hypo that will incapacitate you to continue to fulfill your duties while on night shift would endanger the residents welfare leaving staffing levels dangerously short.</p><p></p><p>Under these circumstances any action they take has to comply with the Equality Act... Which now covers both discrimination and disability acts</p><p></p><p>They would have to either offer you alternative position within the company, if that wasn't possible they could make you redundant..</p><p></p><p>If they decide to make you redundant, they do have to follow redundancy law, but they also have to pay you compensation to any redundancy entitlement you might have. Which in your case you wouldn't be entitlement for any redundancy payment you haven't be employed by them long enough. But they would still have to compensate you though.</p><p></p><p>If you decide that a alternative position isn't what you want for what ever reason, then the company will have to follow the redundancy procedure and still compensate you... They can't say we won't pay up.</p><p></p><p>I would speak with CAB and ACCAS, ACCAS won't automatically take up your case but will advise you along the way and when you reach a certain point with your employers they will then take up your case if necessary.</p><p></p><p>With ACCAS as my hubby found out (he's a T1'er as well) when he was having problems with his employer after over 20 years of service with them, then when it came to the that ACCAS needed to step in, it took one phone call from ACCAS and the company left skid marks they back tracked so fast</p></blockquote><p></p>
[QUOTE="jopar, post: 719101, member: 11712"] Hi Roberta I work in specialist dementia care, my company won't allow me to work nights due to my diabetes, must admit I'm more than happy about this so haven't argued against this decision. I assume the 'fit' was caused by a diabetic hypo... The interview is likely to be a blog standard 'Return to Work' interview standard policy for almost all companies now when an employee has missed as missed at least a part of a days work due to illness! It is possible that your company may decide the 'risk' of you suffering a diabetic hypo that will incapacitate you to continue to fulfill your duties while on night shift would endanger the residents welfare leaving staffing levels dangerously short. Under these circumstances any action they take has to comply with the Equality Act... Which now covers both discrimination and disability acts They would have to either offer you alternative position within the company, if that wasn't possible they could make you redundant.. If they decide to make you redundant, they do have to follow redundancy law, but they also have to pay you compensation to any redundancy entitlement you might have. Which in your case you wouldn't be entitlement for any redundancy payment you haven't be employed by them long enough. But they would still have to compensate you though. If you decide that a alternative position isn't what you want for what ever reason, then the company will have to follow the redundancy procedure and still compensate you... They can't say we won't pay up. I would speak with CAB and ACCAS, ACCAS won't automatically take up your case but will advise you along the way and when you reach a certain point with your employers they will then take up your case if necessary. With ACCAS as my hubby found out (he's a T1'er as well) when he was having problems with his employer after over 20 years of service with them, then when it came to the that ACCAS needed to step in, it took one phone call from ACCAS and the company left skid marks they back tracked so fast [/QUOTE]
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