Is this discrimination??

[gusto]

I am an offshore worker who has recently been diagnosed with type 1 and as such i can no longer travel offshore as I cannot get medical certification until I can prove I have had my condition under control for at least 6 months.

Now,
My company have told me I can no longer work offshore as the rig operators will not accept responsibility for me and they have been through this before with them which is kind of acceptable but they have offered me a shore based job at a lower rate than I was getting before, obviously, but the rate they are offering is one third of what I was making offshore.

I have been an employee for 13 years and I thought I would have been some value to the company but now it looks like I am being low balled with a salary so I ****** off and never bother them again.

Would I have a discrimination case??

 

[bowell]

Diabetes UK Advocacy pack
Link below

http://uk.sitestat.com/diabetes/web...ts/Advocacy/Employment_Advocacy_Pack_2010.pdf

Try union and CAB
ACAS
http://www.acas.org.uk/index.aspx?articleid=1410

Best off luck

 

[Margi]

I just had a scan through the info link you put up, Bowell, but I can't see anything in it about changing positions and reducing pay. :?

Gusto, I rather imagine, but I have no idea if it is the legal position, that if they change your job, they should not be allowed to reduce your salary. Have they given any actual reason for their refusal to let you work off shore, or have they made a generalised assumption that it would be dangerous either to other people, your environment, or to you?

If you look at page 9 on the UK advocacy pack that Bowell has linked to, I think that might be the most relevant bit. The Health and Safety at Work chapter. The bit that matters is where it says that the risk assessment has to look at the individual and not make assumptions about how the condition might affect you. They have to look at the reality. I don't see that there can be any need for you to prove you have been controlled for six months: surely the onus is on your employer to prove that it isn't and that you are, therefore, a danger to yourself etc.

That's just my opinions on it though, and not legal knowledge at all. But maybe the thoughts are something you can gnash your teeth at them with.

Many professions that were barred to diabetics years ago are now available to us. Even down to the emergency services - although I have to admit I don't agree with that one, but that's another story. I am now training to be a driving instructor, for instance, but I was not permitted to do that until recently.

 

[RussG]

Hi gusto,

Clearly, we are not legal experts and can't give you formal advice, but from personal experience managing people. I would say that if you need a temporary reassignment until occupational health or whoever signs you off, then that should be at your full pay. What I think might be an issue here is whether your basic pay is substantially added to by shift allowances, offshore pay etc. that are dependent on you doing the type of work you do now and that isn't a part of the role on shore. That's more tricky I think. Either way, I would say that you need legal advice on this one from someone who is an expert in employment and discrimination law.

There is a difference between treating someone worse because of a disability (T1 is covered under the disability discrimination act) and a risk assessment that says some people can't do a specific job with medical condition (try telling BA you can be a pilot if you're blind or have no arms; that's a silly example, obviously but hopefully you get the point).

None of us here know enough to say with your specific circumstances, so you definitely need legal advice. I would also ask them for written copies of any policies relating to diabetes at work, and any risks assessments carried out. I would also say that the six months sounds a bit arbitrary; however if that's their policy, it may be that the policy needs changing. The organisation has a duty to look after your health and safety and that of those you work with, and if the job's dangerous, I could understand a temporary reassignment - obviously at what pay level is an issue to be worked out.

 

[Fencer]

Hi Gusto. Yeah, this sucks! I don't think it is discrimination though, IMO. If I went offshore doing the same job that I am currently doing, my company would pay me roughly three times what I am on just now. The difference really is that great.

Would it be an option for you to suck it out for 6 months until you get your certificate?

 

[gusto]

Thanks to everyone for your input.
Looks like I will just have to suck it up for 6 months and hope my proportionate benefit insurance poilcy pays out handsomely!!!

 

[Osidge]

Hi Gusto

If you are a trade union member you might want to run this past them. If not, and you have household contents insurance, many policies include payouts for legal fees in relation to employment issues. You could seek advice from the solicitors of your insurers.

Regards

Doug