Final written warning

[lmsk]

Hi,
I'm looking for some advice. I have just been placed on a final written warning by my workplace of 7 years due to my sickness. As we all know being type 1 affects us with getting Ill and it takes longer to recover etc and although none of my sickness has been directly due to my diabetes it definitely is affected by it. Is there anything I can do?
Thanks everyone!

 

[Hopeful34]

Sorry to hear that @Imsk
Maybe contact your union if you're in one, or the hospital diabetes team, or citizens advice, or diabetes uk helpline, for advice. Were HR or Occupational Health involved in this decision?
Also check that your workplace followed your work contract in terms of warnings etc?

 

[lmsk]

Sorry to hear that @Imsk
Maybe contact your union if you're in one, or the hospital diabetes team, or citizens advice, or diabetes uk helpline, for advice. Were HR or Occupational Health involved in this decision?
Also check that your workplace followed your work contract in terms of warnings etc?

Yes, I have been referred to occ health 3 times in the nearly 7 years I've worked there. They have replied to say that I will be Ill more often than others and to make reasonable adjustments. I think I will have to find a union rep. I've never felt the need for a union till now as I work for a company that usually really looks after its employees! I feel like they are trying to push me out and it's not fair. I have had bouts of laryngitis and as my work is phone based they have told me I need to go off sick, I tried to work through it but was told I couldn't do my usual job so must go off sick.

 

[Deleted member 527103]

I second contacting Diabetes UK Helpline.
They offer employment advocacy.

 

[Deleted member 475901]

I am always annoyed about workplaces that don't understand the law.
Ex Union disability rep here: and under the Equality Act 2010 your workplace must make reasonable adjustments, and any adjustments that relate to time off sick should be agreed then given to you in writing. If you did not have any adjustments then you can challenge that.

A union may not cover you for support in existing complaints but can give you advice.
And as others said, the helpline is possibly more useful than Citizens advice, who can give you generic advice but not always T1 specific.

 

[AndBreathe]

Do you have the company's sickness policy written down? If not, please get it, and check your absences against your own records, to ensure their counting is accurate and they have applied their own procedures.

I'd second, third or however many, calling the Diabetes UK Helpline to ask for advice. I'd also suggest you call ACAS who have incredible banks of experience on tap on their phonelines.

Reasonable adjustents is a bit of a woolly term, but understandably so, where each individual is unique, in terms of what they do or don't need in order to manage their diabetes in the workplace.

".... Employers must make reasonable adjustments to make sure workers with disabilities, or physical or mental health conditions, are not substantially disadvantaged when doing their jobs....."

The harsh reality is the Equality Act doesn't mean a person living with a disability or a condition impacting their ability to work cannot be dismissed or have a job for life. The business or organisation has to be able to continue with their trade or profession.

In the meantime, consider if there is anything you can do to minimalise the impact of your diabetes on your working life. You may already be doing everything in your power, but if there is any room for improvement, now might be the time to double down, whilst fighting your corner.

 

[lmsk]

I'm going to appeal the decision as the sickness policy says there was other decisions they could have made. I will speak to the helpline and also join a union to get a rep to help me too. I'm not taking this lying down. I love my job...

 

[Hopeful34]

Hope you get the help you need, and the right decision will be made.

 

[KennyA]

I'm going to appeal the decision as the sickness policy says there was other decisions they could have made. I will speak to the helpline and also join a union to get a rep to help me too. I'm not taking this lying down. I love my job...

I second what TriciaWs and AndBreathe have said. Diabetes as a long term illness is covered by the Equality Act and while the Act unhelpfully does not define what a reasonable adjustment should be (or much else, I don't think it's a shining example of how to do law) the onus is on the employer to change its own rules to enable the affected individual to work as normally as possible. There are an increasing number of cases available to have a look at on line where employment tribunals have given judgement. Some have also been subsequently confirmed by the High Court. This link gives some background: https://www.acas.org.uk/reasonable-adjustments

best of luck

 

[CatsFive]

I'm going to appeal the decision as the sickness policy says there was other decisions they could have made. I will speak to the helpline and also join a union to get a rep to help me too. I'm not taking this lying down. I love my job...

Good move, but make sure you have all your ducks lined up. Lots of ideas for necessary bits of information above.

 

[AndBreathe]

I'm going to appeal the decision as the sickness policy says there was other decisions they could have made. I will speak to the helpline and also join a union to get a rep to help me too. I'm not taking this lying down. I love my job...

Please don't take my response as having a go at you, because I'm not. I am being Devil's Advocate.

I think it is important that you realise that because there were other options open to your employer, it does not mean they have to take them, if they have followed their various procedural steps.

I do hope you can find a positive way forward.

 

[searley]

I had major issues with my company not making reasonable adjustments as requested

I took me opening an official grievance against my managers, enclosing extracts from the equality act, along with copies of communications from diabetes uk and the equality act support service point out that I was being discriminated against. I also had letters from occupational health pointing out what was needed.. so I also referred to this in the grievance, stating my next step would be to contact ACAS to start legal action for discrimination.

Since that everything has been much better..

The letter from occupational health is you key here, as it points out that you will be ill and they need to accept that

 

[lmsk]

Hi everyone.
So I lodged an appeal and during the meeting I let them know I had taken advice from ACAS and wanted to also lodge an informal grievance. The meeting went well and I feel they listened to me. I also provided some info about the many things that affect control etc.
Outcome was the final warning was rescinded and they are also going to look at putting extra triggers in for me. So happy. Thank you all for your support and helpful information!!

 

[Hopeful34]

Brilliant news @lmsk I'm so pleased for you.