hi everybody i have been diagnosed with type 1 for about 18 months and i live in darlington in june ihad ahypo that resulted in me going to hospitol on my return to work i had to see the works doctor who put me on medical suspention for 3 months after 2 months my own doctor said i was now capable of returning back to work and i informed my employes of this last week i was called into work and was told that my contract was been terminated because of the condition i have i have been told that i can appeal against the decision of which i am going to do i have only breifly summerised my situation to the main points and there are numerous other points to many to mention has anyone been in a similer situation or know if arelative or friend has i would just like some advice to see where i stand and which avenue to go down next and what the probable outcme could be many thanks ian
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i need some advice
- Thread starter darlo
- Start Date
Dennis
Well-Known Member
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- West Sussex
- Type of diabetes
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- Non-insulin injectable medication (incretin mimetics)
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- People who join web forums to be agressive and cause trouble
Hi Darlo,
If you are an employee of a company (that is your employer pays you a wage or salary and deducts tax and NI from what you are paid) then you are protected by the Disability Discrimination Act 2005. If your employer has dismissed you on the grounds of ill-health then not only has he broken the law but you will be entitled to compensation.
Your first step should be to either see a solicitor (look for one in Yellow Pages that specialises in employment law) or alternatively get an appointment to speak to someone at your local Citizen's Advice Bureau (CAB). They deal with this type of case all the time and they generally have access to local solicitors who will provide a limited amount of free advice - long enough to determine whether there is a case against your employers.
Whatever you do, don't have any dealings with the legal sharks who operate on a no win no fee basis. If they win the case for you their fee will be around 90% of whatever compensation you receive! That's how they can afford to finance the cases they don't win!
This government website gives some basis information regarding your legal rights.
http://www.direct.gov.uk/en/DisabledPeo ... DG_4001071
If you are an employee of a company (that is your employer pays you a wage or salary and deducts tax and NI from what you are paid) then you are protected by the Disability Discrimination Act 2005. If your employer has dismissed you on the grounds of ill-health then not only has he broken the law but you will be entitled to compensation.
Your first step should be to either see a solicitor (look for one in Yellow Pages that specialises in employment law) or alternatively get an appointment to speak to someone at your local Citizen's Advice Bureau (CAB). They deal with this type of case all the time and they generally have access to local solicitors who will provide a limited amount of free advice - long enough to determine whether there is a case against your employers.
Whatever you do, don't have any dealings with the legal sharks who operate on a no win no fee basis. If they win the case for you their fee will be around 90% of whatever compensation you receive! That's how they can afford to finance the cases they don't win!
This government website gives some basis information regarding your legal rights.
http://www.direct.gov.uk/en/DisabledPeo ... DG_4001071
hi i agree they have not treated you fairly and Dennis is right to say see a lawyer (ignore the fact that i am one no vested interest in this!)
you should be able to take them to a tribunal under the DDA they will have to justify why you were terminated and prove that they were not justified in doing so, ie you work on chimney stacks and were not safe to do so, but even then they have to try and find you something else to do
they sound like a right bunch of arses :twisted:
log onto either the law society website or legalservices.gov.uk to find a lawyer in your area Legal services will help you find a specialist legal aid lawyer and even if you don't get legal aid they will know what they are doing (there are not many of them around these days but worth it for the specialism)
remember you only have about 3 months from dismissal in which to lodge a claim so you need to do it asap
good luck and keep us posted x
you should be able to take them to a tribunal under the DDA they will have to justify why you were terminated and prove that they were not justified in doing so, ie you work on chimney stacks and were not safe to do so, but even then they have to try and find you something else to do
they sound like a right bunch of arses :twisted:
log onto either the law society website or legalservices.gov.uk to find a lawyer in your area Legal services will help you find a specialist legal aid lawyer and even if you don't get legal aid they will know what they are doing (there are not many of them around these days but worth it for the specialism)
remember you only have about 3 months from dismissal in which to lodge a claim so you need to do it asap
good luck and keep us posted x
nathansdiary
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- Non diabetics who think they know better and people who keep asking me "are you allowed to eat that?"
That is awful, I can't believe any company could be that bad. I say defiantely follow the advice of these guys......go in guns blazing and kick their asses into shape!
Go for it !!!, I had my Managers contract terminated recently by JD Wetherspoons due to me being off ill due to my neuropathy in my feet because the pills I was taking for it made me like a zombie and after 5 weeks I was called in for an interview with the AM and my contract was terminated on the grounds of failiure to complete my probationary period due to illness !!!
I have looked into this and aparently if you are in a probationary period they can do this........ :cry:
I have looked into this and aparently if you are in a probationary period they can do this........ :cry:
bigredruss
Member
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- 21
:shock: that's terrible, i had it the other way my company wanted to employ me full time (previously worked for agency)even though i was diagnosed with diabetes and was off for 3 month.
Some occupations are not suitable if you are using insulin / or have hypos.
Eg driving, front line policing (you can usually be deployed elsewhere however), working with potentially dangerous machinery.
You need to find out why they are going to terminate your contract and if this seems to be for a good reason could you be re-deployed?
Being in a trade union can help.
Eg driving, front line policing (you can usually be deployed elsewhere however), working with potentially dangerous machinery.
You need to find out why they are going to terminate your contract and if this seems to be for a good reason could you be re-deployed?
Being in a trade union can help.
thanks everybody for the advice you have given me i am having an appeal on yhursday this is not an industrial tribunial but an appeal against my termination of contract i am a member of the g m b union and a official will be there to help me in my case iwill keep you all updated later on the outcome of the situation thanks darlo
