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Employment

Discussion in 'Jobs and Employment' started by JustAsking 2, Apr 25, 2018.

  1. JustAsking 2

    JustAsking 2 Type 2 · Newbie

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    Hi. New here.
    Been diagnosed for 14 years or so. Been on the same meds all this time. (Sukkarto and Gliclizide.) Not really had a problem until the last couple of years.

    I've recently been diagnosed as having Gastroparesis(sp). I understand this is caused by diabetes. I'm pretty much intolerant of solids, and rely on supplements during the day, with one half portion main meal in the evening. I've also developed neck problems due to exhaustion.

    To cut to the chase, the only way it affects me, is in the distances I can drive.

    I discussed this with my employer, and after a bit of negotiation "we" agreed on a 200 mile limit per day. This was a three-way negotiation, between HR, myself and my own GP. My GP wanted less, they wanted more, and I accepted 200.

    However, my work is completely ignoring this. I've checked my mileages, and 60% of my working days this year alone are OVER 200 miles, sometimes as much as 100 miles.

    When I complained, they sent me to their own company doctor, and he actually recommends LESS than 200 miles.

    I'm wondering how this works with Disability Rights? Can I be declared "disabled" and therefore get a level of protection?

    Thanks.
     
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  2. donnellysdogs

    donnellysdogs Type 1 · Master

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    Cant help with the disability aspect much.. but have you got legal expenses/advice on household insurance at all. They really are good at helping in cases like this.

    GP incidentally is better managed with activity and standing. Its not necessarily linked to diabetes as non diabetics also get it.

    Did employers say that it was a permanent reduction of hours, or to be reviewed?
     
  3. callieuk

    callieuk Type 2 · Well-Known Member

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    Absolutely in terms of the definition of disability. The 200-mile limit seems like reasonable adjustments under this. However, as this is not being adhered to and is having a further impact on you, then this comes under a breach of the Equality Act 2010 and you could raise a grievance to your employer. Are you a member of a union or is there a union that could support you? If not then I would recommend that you speak with ACAS initially.
     
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  4. DCUKMod

    DCUKMod I reversed my Type 2 · Expert
    Staff Member Administrator

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    Hi there, I'm sorry you're having such issues with your diabetes and work.

    Whilst T2 isn't too routinely covered under the Equality Act 2010, it does come under the Act when severe complications come into play.

    When did you see the company doctor, and did they make recommendations?

    Diabetes UK have an advocacy service you might find useful. The contact details are towards the bottom of the link, here: https://www.diabetes.org.uk/guide-to-diabetes/life-with-diabetes/employment

    Good luck with it all.
     
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    #4 DCUKMod, Apr 25, 2018 at 10:59 PM
    Last edited: Apr 26, 2018
  5. JustAsking 2

    JustAsking 2 Type 2 · Newbie

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    Hi. To answer your questions. Sorry if they're out of order.

    The consultant says the GastroParesis is caused by nerve damage associated with my Diabetes. I agree, with the standing part, but when you're driving 6 hours a day, it's difficult, lol. I do tend to walk as much as possible but the feeling of nausea never goes away.

    Employer stated it was a permanent change. That was by the "Lead HR manager" - the HR manager now says it was temporary, but I have the emails stored. This manager also emails me stating they had adhered to the 200 mile rule, but a simple check shows that to be false 60% of my working days this year have been over 200 miles.

    I'm part of a Union, btw, so working with them too, but I thought I'd ask Diabetic related issues here.
     
  6. JustAsking 2

    JustAsking 2 Type 2 · Newbie

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    I'm a member of Unite, and we've gone through a grievance procedure.
    Employer demanded that I attend their own doctor, which I did. He stated that 200 miles was way too much in the circumstances, and was also contributing to a severe neck injury sustained while at work last June.

    The grievance has just (This morning) been rejected, and work is demanding a capability report.

    Thanks.
     
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