disability discrimanation

[tarj]

i started work for a company in march 2008 and had told the trainers,fellow staff members and marked on my application form i was a diabetic.during the 11 months i was there i was absent from work (3 days due to a flu) (14 days due to chest pains,arythmia) (2 days for a virral infection) all covered by gp sick notes and medical letters.even so,i was given extended probation periods,a written warning and finally dismissed.my diabetes during this time was not perfect but there was no support or understanding from my company.i have my case starting in jan 2010 for disability disc. and would like someone to tell me:

1 - am i more vunerable to infections if my diabetes is unstable?
2- am i in the right as my employers presume they are?
3 - do i have to mark i have a disability on my application form because i pressumed diabetes was a hidden disability?

 

[cugila]

i started work for a company in march 2008 and had told the trainers,fellow staff members and marked on my application form i was a diabetic.during the 11 months i was there i was absent from work (3 days due to a flu) (14 days due to chest pains,arythmia) (2 days for a virral infection) all covered by gp sick notes and medical letters.even so,i was given extended probation periods,a written warning and finally dismissed.my diabetes during this time was not perfect but there was no support or understanding from my company.i have my case starting in jan 2010 for disability disc. and would like someone to tell me:

1 - am i more vunerable to infections if my diabetes is unstable?
2- am i in the right as my employers presume they are?
3 - do i have to mark i have a disability on my application form because i pressumed diabetes was a hidden disability?

1. Very likely. You are more vulnerable.
2. That is something only an Industrial Tribunal can determine.
3. If you were asked a question in a form/verbally etc and you did not answer it truthfully and disclose it to your Employer, that was NOT a good idea. Diabetes IS a Disability, there is no such thing as a 'hidden disability.' You either have the condition or you don't.

You seem to be contradicting yourself....did you mark the form as having a Disability or not ??

 

[tarj]

i ticked no to having a disabilty but circled i was diabetic.i had told everyone from day 1 about my illness.

 

[cugila]

i ticked no to having a disabilty but circled i was diabetic.i had told everyone from day 1 about my illness.

Unfortunately tarj, that was not the right thing to do. Might give you some chance at the Tribunal if you can convice them it was a genuine mistake ? Not deliberate on your part.....

 

[kegstore]

i ticked no to having a disabilty but circled i was diabetic.i had told everyone from day 1 about my illness.

The point here is that you DID communicate the details of your condition, it's there on your application form. The fact that you weren't aware of it being covered by the DDA is less relevant, this is more about perspective - at the time you didn't regard diabetes as a disability. I ticked a similar box in my case, but it was a simple matter to show to the tribunal that I had made all the relevant people aware of my condition (verbally only).

Don't be disheartened by your ex-employer's (or anyone else's) attitude, of course they're gonna think they're right. That's what a tribunal is there for - to weigh up the evidence and make this determination.