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Lost job due to hypo effects.
- Thread starter Sparkly
- Start Date
Thanks for letting me know. Seem to be heading to tribunal. My lawyer said a disability clause which would be applicable here. Any other help from persons who are on this forum would be gratefully received, as sometimes we are more experienced than the professionals as we deal with it every day.
mistee71
Well-Known Member
- Messages
- 368
- Location
- Cornwall
- Dislikes
- FOOTBALL. MY husband is a sports fanatic and watches everything. Most i can put up with just not football.
I think before you do anything legal, write to your ex-employer warning them that you will be taking things further. A simular thing happened to me once. I put it in writting then got a phone call asking me to go in and see them. I got an appology and an offer to work in any department i chose. It work out great for me. If you feel you are in the right, i think a letter would be a great start and if nothing comes of that, then get legal advice. Make sure you have a copy of the letter with dates on to take as proof that you tried doing this the easy way. At the end of the day you have nothing to lose
Thanks. Your outcome certainly sounds a positive one.
Its frustrating as they are also holding me to a restriction within my contract saying I cannot go to work for a.n.other competitor, even though they were the ones who fired me. My lawyer looked at this first and said they can't hold me to this.
Its frustrating as they are also holding me to a restriction within my contract saying I cannot go to work for a.n.other competitor, even though they were the ones who fired me. My lawyer looked at this first and said they can't hold me to this.
C
catherinecherub
Guest
Don't put pen to paper until you have talked it over with someone.
http://www.diabetes.org.uk may be able to advise you or tell you what to do next.
http://www.diabetes.org.uk may be able to advise you or tell you what to do next.
A
Anonymous
Guest
Hi Sparkly,
What a rubbish thing to happen.
You need to start by looking at your employee handbook and/or your contract of employment. The employee handbook should have details of what constitutes gross misconduct and you will have to see if anything shown there is similar in severity to the implications of your mistake.
If you do not have an employee handbook then look at your contract. If you have neither then you need to ask, politely, for the companies human resources manager to forward you these asap.
Was the company aware of your diabetes and that you were at risk of a hypo - if so you should consider the steps that they and you had taken to reduce the risk to your work and by implication the company. If they were not aware, is it because you did not tell them or because you have not been asked. Most application forms havea mdical history section but I have a feeling they're not allowed to ask this any more.
I am not an expert - though I run my own company and so have to do these things for my own staff. My only concrete piece of advice (other than getting proper advice) is that you write EVERYTHING down - exactly what happened, who said what and when and then keep writing everything down until it is resolved.
good luck
S
What a rubbish thing to happen.
You need to start by looking at your employee handbook and/or your contract of employment. The employee handbook should have details of what constitutes gross misconduct and you will have to see if anything shown there is similar in severity to the implications of your mistake.
If you do not have an employee handbook then look at your contract. If you have neither then you need to ask, politely, for the companies human resources manager to forward you these asap.
Was the company aware of your diabetes and that you were at risk of a hypo - if so you should consider the steps that they and you had taken to reduce the risk to your work and by implication the company. If they were not aware, is it because you did not tell them or because you have not been asked. Most application forms havea mdical history section but I have a feeling they're not allowed to ask this any more.
I am not an expert - though I run my own company and so have to do these things for my own staff. My only concrete piece of advice (other than getting proper advice) is that you write EVERYTHING down - exactly what happened, who said what and when and then keep writing everything down until it is resolved.
good luck
S
Thankyou.
My company have known from day 1 that I am diabetic. Grounds for gross misconduct are deliberate, which would be true if I went out of my way to do something like this rather than it being an effect of a hypo. That's my point, that gross misconduct implies deliberate actions. If they fire me it should not be for gross misconduct and a summary dismissal.
My company have known from day 1 that I am diabetic. Grounds for gross misconduct are deliberate, which would be true if I went out of my way to do something like this rather than it being an effect of a hypo. That's my point, that gross misconduct implies deliberate actions. If they fire me it should not be for gross misconduct and a summary dismissal.
chrismk
Member
Everybody's advice is sound. But, no-one has mentioned the Disability Discrimination Act. I think there are cases around whether diabetes is recognised as a disability (it should be!) in which case employers have to make a "reasonable adjustment" for you - this sounds a bit vague so suggest you read it up! Employment law is a minefield and you can end up having to pay the other party's costs so it definitely needs legal advice to establish the strength of your case. CAB weren't taking the easy way out but should be able to recommend an employment specialist lawyer in your area.
Hope this helps!
Hope this helps!
etmsreec
Well-Known Member
- Messages
- 112
- Type of diabetes
- Type 1
- Treatment type
- Insulin
Hey Sparkly,
That sounds bad. Type 1 diabetes is seen as an unseen disability so it makes sense that the lawyer is thinking along those lines. I'd expect an employer to make suitable adjustments to cater for your circumstances so if your employer knows then shouldn't they make those changes?
Steve
That sounds bad. Type 1 diabetes is seen as an unseen disability so it makes sense that the lawyer is thinking along those lines. I'd expect an employer to make suitable adjustments to cater for your circumstances so if your employer knows then shouldn't they make those changes?
Steve
AdrianBaughan
Member
- Messages
- 9
- Location
- Oxford
Sorry about your dismissal - lots of good advice on this forum.
Re: Non compete clauses. Firstly I am not a lawyer and you should seek advice, but I have a lot of experience of non compete clauses as an employee and company director. The general concensus is that even if you leave a job of your own accord a non compete clause is not enforceable beyond 3-6 months and when these cases have appeared in court the employer has never won. In your case they have actually broken your contract and so it is not at all valid unless you have signed something additional, but the Gross misconduct charge (as you rightly point out) is the reason they think they can get away with it!!?
You could ask for a 'compromise agreement' based on the mitigating circumstances, then you might walk away with a payout to put you on gardening leave or at the least get your contractual notice in which case you should note any payment is usually tax free - you will usually get a good reference as well. Generally these legal agreements are fairly amicable and pander to both sides needs to tidy the situation up. It's much better and cheaper for everyone than going to court. You will need a lawyer though.
I am sorry to say this but it appears your employer just no longer wants your services perhaps just due to the poor economic climate? Gross misconduct is the only sure fire way to 'sack' someone nowadays but I would say you have a very strong case to get a compromise agreement.
Good luck
Re: Non compete clauses. Firstly I am not a lawyer and you should seek advice, but I have a lot of experience of non compete clauses as an employee and company director. The general concensus is that even if you leave a job of your own accord a non compete clause is not enforceable beyond 3-6 months and when these cases have appeared in court the employer has never won. In your case they have actually broken your contract and so it is not at all valid unless you have signed something additional, but the Gross misconduct charge (as you rightly point out) is the reason they think they can get away with it!!?
You could ask for a 'compromise agreement' based on the mitigating circumstances, then you might walk away with a payout to put you on gardening leave or at the least get your contractual notice in which case you should note any payment is usually tax free - you will usually get a good reference as well. Generally these legal agreements are fairly amicable and pander to both sides needs to tidy the situation up. It's much better and cheaper for everyone than going to court. You will need a lawyer though.
I am sorry to say this but it appears your employer just no longer wants your services perhaps just due to the poor economic climate? Gross misconduct is the only sure fire way to 'sack' someone nowadays but I would say you have a very strong case to get a compromise agreement.
Good luck
AdrianBaughan
Member
- Messages
- 9
- Location
- Oxford
One more thing: If you do get a compromise agreement you shouldn't talk about it to anyone or especially on here - that will be part of the conditions your lawyer will advise. You can find a guide here http://www.compromiseagreement.org.uk/
C
chris lowe
Guest
Hi, As an ex- trade union branch secretary I can tell you that you are covered under the Disability Discrimination Act. Hopefully they were aware that you were diabetic. Contact your CAB and get advise and some advise on wording then write to your employer and tell them that under DDA it is illegal to discriminate against you because of your illness, and that you intend to take them to an industrial tribunal. I think they've changed the name now but it's the same thing.
I would advise anyone working to join a trade union. I know they get a bad press but I looked on my subs as an insurance policy to protect me against unscrupulous employer and I was able to fight the corner for lots of members (including a diabetic who was getting grief for the time she spent in the loo checking her bs levels and injecting insulin). If your employer doesn't recognise a union you can pay subs by direct debit and though they can't represent you with the company they can give lots of good advise. Good luck.
I would advise anyone working to join a trade union. I know they get a bad press but I looked on my subs as an insurance policy to protect me against unscrupulous employer and I was able to fight the corner for lots of members (including a diabetic who was getting grief for the time she spent in the loo checking her bs levels and injecting insulin). If your employer doesn't recognise a union you can pay subs by direct debit and though they can't represent you with the company they can give lots of good advise. Good luck.
al_leister
Well-Known Member
- Messages
- 856
- Location
- northern Ireland
- Type of diabetes
- Type 2
- Treatment type
- Tablets (oral)
- Dislikes
- Greedy Humans.....greedy animals I don't mind. I do like meat and fish but choose not to eat it!
It would be a sensible decision for all diabetics to have membership of a union.
Adrian and Chris, huge thanks for your input.
I have now also contacted a few bodies (including the equality and human rights commission) who have agreed that I should be able to proceed to tribunal if comes to that stage. I hope that my employer has the wherewithall to make amends at that point.
Fingers crosses that sense and justice prevails. I'll keep checking this message board and will let you know any outcome...
x
I have now also contacted a few bodies (including the equality and human rights commission) who have agreed that I should be able to proceed to tribunal if comes to that stage. I hope that my employer has the wherewithall to make amends at that point.
Fingers crosses that sense and justice prevails. I'll keep checking this message board and will let you know any outcome...
x
duranie
Well-Known Member
something else which you should definitely negotiate on here is them giving you a reference, as gross misconduct will seriously impede your ability to get another job, tbh this is what would concern me most. as has been suggested, write to your employers first - my cuurent/soon to be ex-employers started making noises about dismissing me on the grounds of ill health, so I negotiated that if I were to resign, they would provide a favourable reference.
AdrianBaughan
Member
- Messages
- 9
- Location
- Oxford
I hope your employer takes the sensible route after your appeal. A compromise agreement protects both parties and there can be no comebacks either way. I forgot to tell you that not only you might save tax on any payment, your company will also save on company NIC contributions so it is less expensive than they will think as well. I suggest you should negotiate a favourable reference, holiday pay, any pension contributions or other remuneration that you will have lost in to the tax free package. With regards to any non compete clause, these will be fully enforcable within a compromise agreement but if they really are worried about it and want to impose it for an extended period that can also be used for negotiating a larger payout as 'gardening leave'.
Best of luck.
Best of luck.
