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Employer and time off - I’M REALLY FED UP

Discussion in 'Jobs and Employment' started by robotears, Jan 31, 2019.

  1. Listlad

    Listlad Prediabetes · Well-Known Member

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    He had the same contract as the rest of us and there was nothing specific in that contract about such matters.

    Though solicitors are very expensive. There is of course the potential for a tribunal.

    I do not believe the then employer would have done it out of sheer kind hearted ness.
    I have a Compromise Agreement with that company so cannot name them but they are a huge American corporation who’s CEO was not so long ago Republican Vice President of the USA - these companies are not known for giving money away when they don’t need to.

    Coincidentally a different work colleague of mine in a different company has Type 1 diabetes. The employer bends over backwards to accommodate her and she has had a lot of concessions made by him in that regard. There are often other factors that come into play.
     
    #21 Listlad, Jan 31, 2019 at 7:39 PM
    Last edited: Jan 31, 2019
  2. Listlad

    Listlad Prediabetes · Well-Known Member

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    I believe that to be the case.
     
  3. KK123

    KK123 Type 1 · Well-Known Member

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    Listlad, that's not true. My employer for example can fire people who have been off sick as it comes under the 'unsatisfactory performance' regulations.
     
  4. DCUKMod

    DCUKMod I reversed my Type 2 · Expert
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    If you have a Compromise Agreement in place is this a company you want to work with anyway? Those usually come into when a one-off agreement is reached in some form of dispute.

    As you say, there are a lot of factors in play. Solicitors are expensive. A solicitor in employment law will be about £400 an hour, but if you were to end up in Tribunal, you would usually need a Barrister too.

    It really is avoiding Tribunal if you can. It's an all-round unpleasant experience. OK, if you win, you might recover your costs, but if you don't won, you could be required to pay the other side's costs. Bearing in mind it sounds like your employer is substantial, their pockets will be deep, in terms of protecting their position.

    I have attended Tribunal, on the the employers side. It is highly stressful, for all concerned. Obviously, I wouldn't consider telling you not to go there, but it wouldn't be for me.
     
  5. DCUKMod

    DCUKMod I reversed my Type 2 · Expert
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    Most businesses, and their management will refer to it as "Managing Out".
     
  6. Listlad

    Listlad Prediabetes · Well-Known Member

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    What do those regulations state exactly?
     
  7. KK123

    KK123 Type 1 · Well-Known Member

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    Hi Robotears, what work do you do as a matter of interest.
     
  8. Listlad

    Listlad Prediabetes · Well-Known Member

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    The Compromise agreement is usually agreed upon at a point of exit.

    They are often used as a matter of routine at a point of lay off and acts as a sweetner to keep quiet. Jose Mourinho has something similar. :)
     
  9. KK123

    KK123 Type 1 · Well-Known Member

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    Blimey, I haven't got time to list them verbatim or in response to a curt reply (there are hundreds of pages) but one absence if it is over 7 days or 2 within a period of 6 months, gets you on a stage one (a warning). Another absence after that within 12 months gets you onto stage 2. One more after that and it's stage 3 and dismissal. Obviously each case is different when it comes to whether there are any extenuating circumstances but each of the stages apply to ALL employees. Not all companies have the same regulations either but obviously they all have to abide by the disability act.
     
  10. DCUKMod

    DCUKMod I reversed my Type 2 · Expert
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    Yes, I know what a compromise agreement it. They're not solely used at the point of exit, but often used as a lever to an exit.
     
  11. Listlad

    Listlad Prediabetes · Well-Known Member

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    Often you can get free legal advice from an Employment Law solicitor. But ACAS specialise in employment law so would be a good port of call.
     
  12. Listlad

    Listlad Prediabetes · Well-Known Member

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    Exactly.
     
  13. Tipetoo

    Tipetoo Type 2 · Expert

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    You say the union will not represent you, why is that, and why do you have a issue joining a union?

    The union will have free legal advice for a member.
     
  14. Listlad

    Listlad Prediabetes · Well-Known Member

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    @robotears

    This seems quite useful - not sure if it has already been posted as a link :

    https://www.diabetes.co.uk/diabetes-and-jobs-faqs.html

    Quoting from the source:

    Does my diabetes allow me to take time off work?
    Diabetes should allow you to take time off work where necessary.

    The law does not dictate that the time off should necessarily be paid, however, some firms may be happy to do so. Time off work is covered by the Disability Discrimination Act, stating that an employer should make reasonable adjustments to stop you being disadvantaged in comparison with non-diabetic workers.”

    That sounds encouraging.
     
    #34 Listlad, Jan 31, 2019 at 9:36 PM
    Last edited: Jan 31, 2019
  15. robotears

    robotears Type 1 · Member

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    I work for a large firm that provides services for local authorities. My own work is as a Tree Surveyor. So it’s fairly difficult to switch out to different employers and I have to travel a fair distance to my place of work anyway.
     
  16. robotears

    robotears Type 1 · Member

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    I’ve been really appreciating the responses here and have felt very supported by you all, so thank you.

    One thing that occurs to me is to pass on the little known fact that most mortgages will have an allowance for legal fees when it comes to employment disputes. I had no idea until I was told a while back by an employment law specialist to check my own policy paperwork when I was being harassed by a bullying supervisor. I didn’t pursue it in the end (as the supervisor was let go due to failing a d&a test) but that was the experience that put me in touch with ACAS who were very good and also the thing about not being able to join a union with a pre-existing issue - though I may have the wrong end of the stick with this as it was a very difficult time ☹️

    But my overall position at this time (I’m awaiting the letter of invitation to the stage 2) is that I am going to prepare myself to ask for the compromise regards my diabetic appointments so that I don’t feel so pressured. If this isn’t discussed in a reasonable fashion then I shall certainly be looking at a DDA enquiry via ACAS again.

    None of us asked for this condition! None of us have brought it upon ourselves!
    So therefore surely it is unfair to be made to lose holiday time just to attend legitimate appointments (I always provide copies of the letters) as well as having to manage this all the time.
     
  17. Listlad

    Listlad Prediabetes · Well-Known Member

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    I was told that too.

    Also some credit card arrangements have a similar facility. Mine did a few years back.

    These points were pointed out to me by an employment law solicitor a few years ago.

    That bit about joining the Union is correct, btw.
     
    #37 Listlad, Feb 1, 2019 at 1:29 PM
    Last edited: Feb 1, 2019
  18. squeezelouise400

    squeezelouise400 Type 1 · Active Member

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    At your stage 2, inform them that Diabetes is covered by the equality act. Any employer with any sense will back away and see this as a warning to them.
     
  19. Debbie_p

    Debbie_p Type 2 · Newbie

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    Not Royal Mail they just kept issuing stages and don’t take any condition into a count like feet operation and say diabeties isn’t covered by disability act am begin to give up
     
  20. DCUKMod

    DCUKMod I reversed my Type 2 · Expert
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    Debbie - In many instance Type 2 diabetes isn't considered a disability in the same way as Type 1. It partly depends on the type of medication you take, and whetyher you have any significant complications of your T2.

    I don't know what sort of operation you had, or if the operation was related to your diabetes at all, but if you are a member of a union, it could be useful to engage with them as soon as possible.
     
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