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

blonagael said:
Found the meter! And I've emailed pictures of the reading too. It's now being considered.
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Some good news then as the meter reading will be stored in the memory for all to see. :)

Nigel
 
What a to**er for a boss.
Theres a little paragraph in the health and safety act that states you are responsible for the health and safety of yourself and those around you. It might pay you to have a discreet chat with a health and safety officer as if you had neglected to take your measure and had a immoblising hypo you could harm yourself or someone else hope this helps mate good luck (ps write everything down :!: )
JF
 
Yes you're right about that point.

And it probably shows that he put me at risk and possibly others around me when he told me to get to work. I was trying to remedy the hypo when he interrupted me and tried to scold me.

Still waiting for news after having supplied the evidence from the meter. There's an ominous silence in my email account.

Cheers.
 
On the subject of Health and Safety, look further down this forum, there is a thread with the title "Health and Safety", read it its quite interesting and may help your case! It was posted before the DEA 2010 came into force!
 
hi, something similar to that has happened to me! im t1 only been diagnosed 12 months . i started a new job in june 10 ,i told them i was diabetic on my application form and also in my interview . i had really good control with hbca1 6.3 . my last test was 10.9 this is due to my manager not allowing me breaks to take food and insulin. i had a hypo once at work she came in to the tea room and shouted me for keaving the shop floor! i explained to her that i was having a hypo and she said u know u are not allowed to leave the shop floor!!!!!!!!!!!!!! i was so shocked and upset by what she said.
 
marie.l.t said:
hi, something similar to that has happened to me! im t1 only been diagnosed 12 months . i started a new job in june 10 ,i told them i was diabetic on my application form and also in my interview . i had really good control with hbca1 6.3 . my last test was 10.9 this is due to my manager not allowing me breaks to take food and insulin. i had a hypo once at work she came in to the tea room and shouted me for keaving the shop floor! i explained to her that i was having a hypo and she said u know u are not allowed to leave the shop floor!!!!!!!!!!!!!! i was so shocked and upset by what she said.
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Dont leave us in suspense :shock: What was the outcome? :?:
 
i spoke to my diabetic nurse who asked me for the head office phone number . i didnt have it on me but i told her i would try to sort it myself as i had only been there 2 months and didnt want any trouble! so i spoke to my manager and told her that diabetes comes under dda .she has sort of backed off me a bit but the assistant manager hasnt but he is leaving tommorrow yippppeeeeeeeeeeeelol
 
on another occasion she threw my lucozade in the bin! when i asked her about it she said lets go and fish it out of the bin!!!!! then said that i am her bare bug with my diabetes !!!!!
 
Download this and hand to your employer
say this may be to there benefit to look over

doc below covers
Direct and indirect discrimination
Reasonable adjustments to remove barriers for disabled people and avoiding
discrimination arising from disability


http://www.equalityhumanrights.com/uploaded_files/EqualityAct/employees_working_hours.pdf

Full site
http://www.equalityhumanrights.com

For interest i have been looking up the court successes rate came by some interesting stats:
DDA - A Case Study BT V Diabetic
http://www.chamberhr.co.uk/hrmain.asp?file=fyx65xzcpy14
White v Clitheroe
http://www.eortrial.co.uk/default.aspx?id=1035916


The employees with the highest success rates at tribunal were those who alleged that they
had diabetes
Most cases heard by a tribunal concerned dismissal or reasonable adjustments -(24.9 per
cent and per cent respectively), Most - cases –concerning dismissal (42.7 per cent) and
reasonable adjustments (38.3 per cent) were resolved through conciliation.


The incidence of withdrawals and private settlements was highest in detriment cases (41.2
per cent) and recruitment cases (40 per cent).

The claims with the highest success rates concerned reasonable adjustments (with a
success rate of 25.7 per cent) and detriment (23.7 per cent). Fewer cases concerning
recruitment (15.2 per cent) and dismissal (19.8 per cent) were successful at tribunal
hearings than other jurisdictions.




Bob
 
I've lodged an employment tribunal form. The investigation by my employer included a statement that the standard of evidence needed to be based on the balance of probabilities, and not beyond all reasonable doubt as may apply in court. Does anyone have any ideas what this should mean? It seems I have been held to the highest standard of evidence and everything I have said has been questioned with disbelief; even in the face of corroborating witness statements and the evidence of my blood test device.

The ET form asks what compensation I want. I don't know the answer to this. Several months off sick, as well as the bullying and discrimination. I've no idea what the outcome will be, but if it is based on the truth and evidence I can provide then I feel confident of the facts.

Thanks.
 
Sorry I can't help with any advice but I wish you the best of luck in pursuing this matter and standing up for your rights. Your treatment was terrible and the sooner your employer realises it the better.
Good luck, let us know what the outcome is.
Regards
Angie
 
See a CAB/lawyer but basically there are two concepts you need to get your head around:

Burden of proof - ie whose responsibility it is to prove something. In criminal cases it is the Crown (Prosecution) who have the burden of proof ie they have to prove the accused is guilty, s/he doesn't have to prove they are innocent. In civil cases it is the person who brings the case to court who has the burden of proof.

Standard of proof - ie how persuasive the evidence needs to be.

Civil cases normally operate to a standard of proof that is 'On the balance of probabilities' ie which account is the more probable to be true. There can be significant doubt as to whether the losing account might be true and it still be found to be more probable that the other account is correct. Sorry, that's not worded too clearly, I'm just saying that the evidence in a civil case doesn't need to be watertight.

Criminal cases normally require the case to be proved 'Beyond reasonable doubt' ie would a reasonable person accept that the evidence established guilt or might the reasonable person be doubtful of guilt because the defence had shown there were 'holes' in the prosecution's case.

You can see from this that the civil standard of proof is easier to meet.

If you are taking a case against your employer then the burden of proof lies with you to establish your employer did what you are complaining about. You will almost certainly need to establish this to the civil standard ie 'on the balance of probabilities' but this is where my knowledge runs out and you need to check with someone qualified. My gut feeling is that the reference to the standard of proof is just a formulaic inclusion.

As to how much compo, you definitely need advice, people tend to undervalue the damage they've suffered. Many CABs have advice sessions with local lawyers, check it out.
 
Does anyone know if it would be reasonable to ask about the previous conduct record of those managers involved? I know at least two of them have previous records with significant conduct penalties for harassment. Would this be relevant in an employment tribunal and can I divulge this?


Cheers
 
I doubt if you can request such information, but your representative at the tribunal can and should if they are any good, this is why you need a good union rep behind you.
 
blonagael said:
Does anyone know if it would be reasonable to ask about the previous conduct record of those managers involved? I know at least two of them have previous records with significant conduct penalties for harassment. Would this be relevant in an employment tribunal and can I divulge this?


Cheers
Click to expand...

You CAN ask and it is a matter for the Tribunal whether or not the documents have to be provided. The rules of a Tribunal Hearing are not as strict as Criminal Law or Civil Law cases. It is more informal.

You can mention anything you wish in your statement and it is up to the respondent to answer the points raised. The Tribunal Chairman will decide if it is relevant or not. You should contact the Tribunal Office and ask for advice to see if the documents can be requested prior to the hearing. They are usually VERY helpful.

I would hope that you have representation and are not doing this on your own ? I used my Household Legal Expenses Insurance Cover to obtain the services of a top Barrister for my Son's Employment Tribunal. We won the case. It is not something that I would recommend anybody does single handedly.........
 
Hi, why dont you google "disability discrimination questionnaire" . There is a section on there where you can ask any question you want.
If your employer doesnt provide full answers within 2 months then the Tribunal can draw an adverse inference.
Obviously this will only work if your questions are relevant and specific, but its a good way to get answers.

Caveat to this is that my mb is currently 3.2 & im trying to eat a muller rice.
 
some of the findings of my case were:

1) the hypo was not as severe as I claimed and my behaviour (swearing) is not mitigated.

2) I must inform my boss if I have a hypo

My disagreement with this was:

1) that my meter has the reading as evidence.

2) I have only had two hypos at work and in each one I was unable to tell anyone as I
had become so confused.

3) my health and safety was put at risk by the manager when I needed help

Now the appeal has been heard.

Some of the findings are:

1) My hypo was as severe as I claimed as the device shows (no mention of the swear word I used)

2) The previous case conclusion is upheld with no change.

3) My health and safety was not at risk as I did not get injured (?!?)

I just wonder if I am insane?
 
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