Packed lunches and meal breaks

[davidtlmann]

My work involves shifts and anti social hours resulting in the fact that I eat a lot of fast food at unregular times and at times we even miss out on meals. On other times I am supplied with a packed lunch and although I request a diabetic pack this is ignored as there is no such thing as a diabetic pack. So I am left in a position where I am given 1x pack of sandwiches white bread, 1x 500ml bottle of water, 1x 500ml bottle of energy drink, 1x packet of crisps, 1x chocolate bar, 1x piece of cake, 1x piece of fruit, 1x pot of custard or rice pudding all of which is advised to be eaten within 4 hours. Have I a case to take to a tribunal as my employer has no facilities in place for providing a Diabetic friendly pack lunch and proper meal breaks. The inability for me to get suitable breaks and food has affected my health and ability to conduct my duties.
Are there any stated cases in law where an employer has failed in their duty of care towards diabetics?

 

[paul.bailey69]

Hi David without knowing exactly what you do for a living its hard to comment. You are entitled to reasonable adjustments and this can include meal breaks if your covered under the equality act, I don't know for sure if all type 2's are covered maybe someone else with type 2 can answer that. As for the pack lunch I don't mean to sound out of turn here but I am sure where ever you go with this you will be asked the same question, can you not take your own pack lunch? Or even some things just to swap with the things that you shouldn't be eating?

 

[catherinecherub]

Without knowing your job and why you have to rely on your employer to supply your meals makes it difficult to answer.

The obvious answer would be to supply your own food. Is there some reason as to why you cannot do this?

 

[lovinglife]

Hi David

As to providing a diabetic meal your employer has no obligation - in fact no employer has to provide anyone with food - even in the food industry - and if they do provide a "free" meal it is a taxable benefit so it may not be productive for you to persue that part of your grievance!

Like Paul & Catherine say can you not take your own food? - you can get very cheap sanwiches/food boxes that you can put in the freezer overnight (they have a gel in them) and they keep your food cold for at least 6 hours- the food will still be good for a couple of hours after that - I got a sandwich one and a cearal one with a seperate comparment for milk but use it for salads and dressing and even strawberries and cream - they were a £1 each in a £shop - wide neck flasks are good for soups and stews

As to providing you with breaks times have a look at this link it tells you all your statuatory rights on breaks
http://www.direct.gov.uk/en/Employment/ ... G_10029451
they can't give you less than statuatory but can enhance them

- this can problably be reasonably adjusted under DDA rules - it is difficult to answer this part of your question as you haven't said what it is you do - different rules apply to certain jobs