Insulin and Blood Testing- legalities

Hi Helen,

I'd be concerned about this. Obviously we don't know where you work and what sort of work but I do not think this is reasonable. Insulin dependent diabetes should be covered under the disability discrimination act and thus your employer should have to make reasonable adjustments to allow you to inject / test in safety and comfort. I do not think anyone would consider in your car at night to qualify. If there are serious security concerns about having needles at work (and frankly I don't see what they would be) you should be able to keep your kit securely somewhere. Testing should pose no issue at all.

If you have a union, I would definitely ask them for some advice. Personally I would ask for another meeting with HR / management and politely ask them to explain why and discuss how you can come up with a suitable arrangement that suits everyone. Ask to see the relevant policies covering injecting at work. Ask for a note to be taken at the meeting and for them to put reasons in writing. Definitely stay calm and positive - I would believe you to have a good case, so you don't need all guns blazing right now. This may all be easily resolved and be due to one person’s bad advice.

You should be able to have someone else with you in that meeting, including either a friend, colleague or union rep. You may be well advised to seek some formal legal advice on this.

Here is the DiabetesUK general advice on discrimination.
http://www.diabetes.org.uk/Guide-to-diabetes/Living_with_diabetes/Discrimination/
There's a guide in there to your rights at work.

Congratulations on your pregnancy.

This is a clear breach of the Disability Discrimination Act.
From http://www.direct.gov.uk/en/DisabledPeo ... DG_4001071 (my bolding):

The Equality Act 2010 makes it unlawful for an employer to discriminate against or harass a disabled person. Also an employer must make reasonable adjustments for disabled people.

Under the Equality Act 2010 an employer has a duty to make reasonable changes for disabled applicants and employees. These are know as 'reasonable adjustments'. Adjustments should be made to avoid you being put at a disadvantage compared to non-disabled people.

The need to make reasonable adjustments can apply to the working arrangements or any physical aspects of the workplace. For example, adjusting your working hours or providing you with an adapted piece of equipment to help you to do the job. Physical adjustments might include replacing steps with a ramp.

Also, if it is reasonable, the employer needs to provide an extra aid to ensure the disabled worker is not disadvantaged. This might mean providing special or adapted equipment to do the job.

Click to expand...

So basically, whatever policies they have in place to prevent you bringing needles into the workplace and injecting, need to be altered to respect your disability.

As Russ says, a calm measured approach is usually the best way forward in situations like these.

Is there any partiular reason why needles/injecting would be a problem in work?

There would be some area's where yes you wouldn't be allowed to inject/blood test such as sterile working areas, food preparation area's or envirnoments where chemical etc are being used.

But your employer has to give you easy access to your insulin/meter/hypo kit at all times, also have somewhere where you can inject, take a blood test and/or treat an hypo this can be staff room, office etc.. And the bog isn't included in the list

I think that your employer would find it extremely difficult to explain why needles aren't allowed in side their establishment.. I really can't think of a reason which would make a responable excuse for them.

I think that from what you say your company is acting and is discriminating against you from the word go..

FWIW,

I think it is very likely to be a breach of the act but we can't say for certain it is right now, inasmuch as there is no formal definition of what qualifies as reasonable adjustment, which is person and organisation specific and we don't know the background to the situation (and neither I nor borofergie are the body to decide what is reasonable). Having thought about it, there may be a legitimate reason for not allowing needles in the workplace (such as a security risk from working with violent offenders or in a mental health facility perhaps), but having to inject in the car is very unlikely to be considered reasonable and there must be other adjustments possible.

I would always be slightly wary about giving a situation like this both barrels about the DDA as a first step. Sometimes that causes management to recoil from having a reasonable discussion and instead slam down the barriers. If there isn't a positive outcome from a further discussion, then I'd be putting the complain in writing, citing the act and suggesting reasonable adjustments for consideration. Obviously you need to get the right result for your diabetes care, but maintaining as good a relationship as possible with your employer is also important.

Obviously Helen you will need to make a judgement call based on your knowledge of and relationship with the organisation and particular circumstances.

Borofergie is right to point out that reasonable adjustments can include the lifting or non-application of organisational policies in certain circumstances.

PS: yes congrats on your pregnancy!

Yes. Of course Russ is right. Nothing legal is ever as clear cut as it seems, and you should never rely entirely on legal advice given on an internet forum.

It does sound altogether unreasonable, but I'm sure your employer isn't doing this out of spite, so try to find out the logic behind their decision.

What would happen if you didn't drive to work? Would you have then been expected to inject in the street?

Let us know how you get on with this.

Hi and congrats on your pregnancy.

Rus is right with his advice and i would suggest that you ask the union about the diabetes and being pregnant as well.

As the pregnancy progresses you could take a peek at the Gestational Diabetes forum as well.

Congrats on your baby news

I'm actually shocked about your work's reaction (I was a manager for 7 years). To make a statement about bringing needles into work implies that you're going to brandish them about and carelessly leave them around - what do they think will happen? You're only administering treatment like popping a pill, just it's injections. Although I don't inject, isn't the disposal of the needles safe generally because it simply has to be?

I really don't understand how it's any worse than a stapler or drawing pins and there's plenty of those in work. The meter is all very discrete as well and you can probably shove a tiny tub in to the zip up bag so you can dump the lancets/strips in, less of a needle showing on the lancet than office stationary 8)

Your work needs to tread very carefully on three counts, one that your pregnant - they need to ensure you're allowed time off and need to support you and allow some flexibility as you progress through your pregnancy.

The other is you've been diagnosed with an illness too so they need to ensure they are providing some form of adaptive measures 'reasonable adjustment' to ensure you are comfortable and supported.

Lastly, their current action can be construed as harrassment and/or discrimination, you've got enough on your plate and don't need the added concerns of having to go to your car at night. Do you have to go alone and are there stairs? When you get the 6, 7, 8 months then what? Also, have they considered the weather? Last year here in Glasgow, we had a bad time with the snow, there's a hazard in itself.

Best to read up on your organisation's HR policy first, no doubt there will be a contact you can call confidentially. Or sit down an explain to your boss how you feel the suggestion made. Or if he/she is a number crunching type, point out too that from a work efficiency perspective how much time is going to be spent going to your car and probably have to be accompanied by another member of staff, as opposed to being allowed to do on the office floor at your desk or in a room.

God forbid you bring your wee baby in for all to see and then need to breast feed him/her right in front of everyone!

Helen,

Sounds like you have a sympathetic employer!

Can't say much more than the excellent advice you've been given already, congratulations on the pregnancy and hope all goes well!

Nigel