hypo at work - told to get back to work by boss

[blonagael]

Hi folks, any advice about this would be great:

I'm age 48, with type 1 for 28 years.

I had a hypo at work (big company) (2nd time this has happened in 22 years) and went to the tearoom to sort myself out. I was in a state of confusion with just enough brain power to know I needed glucose. I ate some sweets from my pocket on the way there.

I was then confronted by my manager while drinking lucozade and had just taken a blood test - 2.9

My boss knows I'm diabetic and had previously been witnessed trying to bully me.

He said "What do you think you're doing?" I told him. He told me to get back to work. I told him again I was having a hypo and couldn't work. He scolded me and told me to get back to work again. I lost my temper and swore at him.

A few minutes later he had me in the office. I offered to show him the blood test reading which he refused, saying I was taking the p**s. Then his boss came in and I offered him the blood test meter as evidence. He refused it too.

Now in my conduct case they are saying they want the meter as evidence, and I can't find it.

There are other witnesses who saw me and say I looked pale and unwell, but the person holding the conduct case seems hostile and has accepted these manager's testimony that there was nothing wrong with me.

They have said I was exaggerating the severity of the hypo and reached this conclusion by the fact that I can remember a lot of details and was able to walk around and go home afterwards.

Another line of attack they are using is that I was also trying to disrupt the work process, and have a colleague who has said this is his opinion.

Now I am worried that I will lose my job. I'm in the union and they're involved. I've also taken advice from Employee Medical Advisory Service who support me and inspected my work and told them they have to make reasonable adjustments such as having a private place to take medication.

Anyone with good advice would be good to hear from.

 

[HLW]

Just wanted to say good luck. Your manager sounds like an a**e. Hopefully your union will be helpful. Re: the severity of the hypo - 1.9 or 3.9 it would still need treating, so I don't get why they are bothering about how severe it is or not. Lowest hypo I had was below 3, my clothes were literally wet with sweat and I was shaking so much, but I could remember everything and walk OK, so I don't get why they are complaining the you can remember and walk.

 

[bowell]

I Wish you Good luck
Your Boss sounds like a real Bar-steward


Your union should help you with this Get Regional union help not your works union rep get him to call in the Regional big guns on something like this

You should also get free legal help with your union membership , you may wish to take this all the way

CAB can help advise you
You may also wish to contact the disability rights commission for more advice
England 0845 604 6610

http://www.equalityhumanrights.com/advice-and-guidance/your-rights/disability/

 

[krs1958]

Good luck with your case. If I treated any of my staff in this way I would be rightly dismissed.

Everyone has a right to respect in and out of the workplace. I have seen the effect of hypos on people and know you have to treat urgently.

 

[noblehead]

This is disgraceful behaviour from your employer and you should accept nothing less that a written apology, your union rep should seek guidance from the local branch secretary or if needed from head office on how best to deal with this matter. Good luck with this and don't back down or be intimidated by these two ignorant bullies, by taking a stance this will hopefully benefit you and others in the future who have to leave their work due to a medical emergency.

Nigel

 

[Dillinger]

This is absolutely unacceptable behaviour from your employers.

You must get assistance with the conduct case.

The main issue is; did you have a hypo? You say you did, and you blood test verified it, your colleagues saw you pale and unwell, and you were aggressive with your boss. All of those things say; hypo. Is it reasonable for your employer to say all of the foregoing were not actually evidence of a hypo? If they are saying that then on what grounds?

Whether you have your test meter or not after the event is not the key thing. If you do then great; you have proof, but if not then that is not your problem. You offered your employers the chance of seeing that evidence at the time and they refused it.

Their views on what constitutes a hypo and/or the severity of it are absolutely irrelevant; they have no medical training and no specialist knowledge of diabetes.

I would get a letter from your GP explaining the symptoms of a hypo and what the appropriate response is.

Keep in mind, had you for some strange reason, followed your employer's instructions and gone back to work without treating your hypo then you could have been in a very serious medical condition and been a risk certainly to yourself and possibly to your colleagues. This means, everything else aside, that you were rightfully disregarding negligent instructions from your employer. If you are punished for that I would suggest you have a clear legal claim against them.

Also, you were undergoing a hypo, and being forced to deal with ridiculous demands at the time and that explains why you swore at your boss, what are his justifications for swearing at you?

I'm horrified by this whole thing; good luck. Don't let them get away with this.

Dillinger

 

[Talos]

In my experience the fact that you swore at your supervisor is classed as misconduct for which you can be dismissed, the reasons for your behaviour do not need to be considered. Of course if this were to happen you may have good grounds to sue for wrongful dismissal when the reasons for your behaviour would be taken into consideration. You need the help of a good union behind you, dont try to go it alone, but above all KEEP YOUR COOL, a heated exchange at this point would only serve to strenthen the companies case, and make sure you attend all meetings with a union rep or/and an independant witness.
Best of luck

 

[sugar2]

:shock:
I think they are trying to get you, before you get them! Bu get I mean prosecute.

Severity of symptoms do not always tie up directly with bg reading. Should you ahve called for a first aider to sort out> Perhaps, but that would have disturbed 2 peoples working day. The fact that you acted according to all medical advice, to make sure that a hypo...needing treatment and say, 20 minutes out of your working day, did not turn into a incident where you passed out, and needed an ambulance...disrupting everyone, and meaning you may have been off work for teh next day or so it to be commended.

As far as I can see, the possible only thing you may have done slightly wrong...and this is not a major thing at all, but I know where I work, they would have expected me to get lucazade (or whatever) let security know, and then sit in teh first aid room until I was fit for work againg, rather than teh coffee...but again, the tea room is the less fuss, back to work quicker option.


Your manager is a disgrace. get professional legal help.

best of luck!

 

[ags1983]

In my experience the fact that you swore at your supervisor is classed as misconduct for which you can be dismissed, the reasons for your behavior do not need to be considered. Of course if this were to happen you may have good grounds to sue for wrongful dismissal when the reasons for your behavior would be taken into consideration. You need the help of a good union behind you, don't try to go it alone, but above all KEEP YOUR COOL, a heated exchange at this point would only serve to strengthen the companies case, and make sure you attend all meetings with a union rep or/and an independent witness.
Best of luck

I know what your getting at, but one of the many effects of hypos (as many would probably agree) can be aggressive, almost drunk, behavior. If that was backed up by a HCP and mentioned to them hopefully it needn't go as far as being sacked and having to peruse an unfair dismissal case!

just my 2 pence.=)

 

[Talos]

In my experience the fact that you swore at your supervisor is classed as misconduct for which you can be dismissed, the reasons for your behavior do not need to be considered. Of course if this were to happen you may have good grounds to sue for wrongful dismissal when the reasons for your behavior would be taken into consideration. You need the help of a good union behind you, don't try to go it alone, but above all KEEP YOUR COOL, a heated exchange at this point would only serve to strengthen the companies case, and make sure you attend all meetings with a union rep or/and an independent witness.
Best of luck

I know what your getting at, but one of the many effects of hypos (as many would probably agree) can be aggressive, almost drunk, behavior. If that was backed up by a HCP and mentioned to them hopefully it needn't go as far as being sacked and having to peruse an unfair dismissal case!

just my 2 pence.=)

I fully agree, but the supervisor does not need to know that information and should have sent him home immediately, a lot depends on the greivence procedure of the company, and if they decide to go "by the book" or not. If the company hears that a hypo causes aggression, they may decide the job he is employed in is not suitable, I hope he made the company aware of his condition when he was interviewed for the job, or was first diagnosed.

 

[blonagael]

Thanks for all the comments.

My employer and managers were fully aware of my condition. The chap that ordered me back to work is a first-aider, too. He also continued to provoke me after I had tried to explain twice that I was having a hypo.

He didn't concern himself with my wellbeing in the slightest, he was after a confrontation. I needed help, or at least to be allowed to help myself.

I was amazed by their hostility towards me and found it hard to believe at first. Now I'm fighting my case as well as I can.

Cheers, blonagael.

 

[noblehead]

I was amazed by their hostility towards me and found it hard to believe at first. Now I'm fighting my case as well as I can.

Good luck with the case and please come back on here with the outcome.

Nigel

 

[Talos]

Thanks for all the comments.

My employer and managers were fully aware of my condition. The chap that ordered me back to work is a first-aider, too. He also continued to provoke me after I had tried to explain twice that I was having a hypo.

He didn't concern himself with my wellbeing in the slightest, he was after a confrontation. I needed help, or at least to be allowed to help myself.

I was amazed by their hostility towards me and found it hard to believe at first. Now I'm fighting my case as well as I can.

Cheers, blonagael.

Based on what you have said here, I believe you may have a very good case, but you need to start rounding up some reliable witnesses, is your union behind you?, if yes I would insist they prosecute this case with the utmost vigor but dont be tempted to go to the press ( although it would make good reading) yet, it may prejudice your case.

 

[bowell]

just been thinking
Your manager hasn't taken your BG meter out of your locker has he :?:
If hes that nasty would not put it past him

If he swears at you first that is classed as bulling



A small tale to cheer you up

When i was younger I did swear at my manager (He was nasty man not only to me)
the next morning in front of all my workmates He handed me my final pay packet :cry:

I said "THANK YOU VERY MUCH, AND HERE IS YOUR RECEIPT!" :twisted:
I then punched him on the nose as hard as i could
he fell to the floor with the sound of laughter from all my workmates :wink:

That was over 25 years ago you cant do that kinda thing now,,,can you :roll:

 

[Talos]

That was over 25 years ago you cant do that kinda thing now,,,can you

Unhappily NO! Unless you want an assault charge on your hands :shock:

 

[TopCat_999]

Everybody seems to have ingnored a very important piece of legislation that came into force on 1 October 2010 - namely the Disability and Equality Act 2010!

 

[TopCat_999]

You may like to read the following document about the Disability and Equality Act, from Diabetes UK.

diabetes.org.uk/Documents/Advocacy/Employment_Advocacy_Pack_2010.pdf

 

[blonagael]

Thanks very much. I've been reading the article and it's very useful. Well done TopCat.

 

[primmers]

Just to say that in a civil case the standard of proof is 'On the balance of probabilitites', rather than the criminal standard 'Beyond All Reasonable Doubt' so the missing meter is not a huge issue. How probable is it that you would deliberately lose or destroy your meter when you need it to be safe?

Best of luck with this one, I would echo the advice to involve a union HQ type person. The law is on your side but sometimes local reps get bytracked by local issue and forget the bigger picture. I used to be a fairly senior union bod and would have loved a case like yours...

 

[blonagael]

Found the meter! And I've emailed pictures of the reading too. It's now being considered.