Dismissal due to diabetes related sickness

[TraceyJ]

Hi

I've returned to work today after a long spell off (5 months) due to complications with my diabetes.

I was told by my manager that if I am off again with anything diabetes related it will result in dismissal.

Up till this long episode of illness my sickness record has been good.

Can it be right that my work are expecting me never to have any sickness related to my type 1 incurable condition until I retire?

Tx

 

[BioHaZarD]

I believe that they Cannot say this and definatley not do it. It's discrimination. I can not think of the right phrase to use but I am sure someone here will.

 

[catherinecherub]

Hi tracey,

Sorry to hear you have not been well.

You have rights at work. Most of us do not see diabetes as a disability but we are covered by the 2010 Equality Act. This document explains it very well.

http://www.diabetes.org.uk/Documents/Ad ... 202012.pdf

If you are in a Union they will be able to help. CAB are also good at dealing with these sorts of things and http://www.diabetes.org.uk will give you plenty of advice.

 

[the_anticarb]

Having diabetes doesn't mean you can't be dismissed for taking time off sick due to it, but your employer would need to give you special leeway compared to someone who doesn't have an illness classed as a disability under the equality act. So for example, if the normal company rules would be to dismiss someone after x% absence, they may look to increase this in the case of someone with diabetes related absence. It is called a reasonable adjustment. Obviously there would come a point where it wasn't reasonable for the employer to make any more allowances, for example if you were off a great deal -at that point a dismissal would probably be fair. In this case, if you've had one long absence I'd say that they should allow a reasonable amount of short term absence, but if you were off for another several months, say in the next year or so then they may have a case for dismissing you as they could not be expected to put up with such a long absence again.

 

[izzzi]

Hi Tracey,

You need to ask for this in writing so that you have a record of exactly what is stated.

Then you can get knowledge of proper procedure relating to dismissal.

Also, have you got a written contract of employment. If not please request one.

Many small employer's and employee's have verbal contracts which can become very untidy.

However my understanding of what I have read in your news thread, should be a form of bullying in the workplace.

Good Luck, Roy :thumbup:

 

[npanesar]

Ring acas helpline for advice - they also do pre claim conciliation if they do dismiss you or check the website out, also the employment tribunal website just in case you need to submit a claim. Make sure all procedures are followed inc grievances and submitting an appeal. Remember there are time limits for submitting a claim to the employment tribunal. My sick absence is split according to diabetes related illness.

Good luck!!

 

[Osidge]

Diabetes is, as has already been stated, a disability under the Equality Act. your employer is obliged to consider adjustments to your role or your conditions of service. The employer is only obliged,however,to put into place adjustments that are reasonable. Go instance,long periods of sickness may be reasonable in the case of a large employer as they would be easier to cover. For a smaller employer who would probably find it more difficult to cover extended absences a tribunal may fund that such an adjustment was not reasonable.

Hope this helps.

Doug