Shift work problems

[Dave4jackie]

I am a bus driver and have type 2 diabetes and am on insulin, I work a 2 days 2 nights 4 off shift system and have done so for over 2 years. Last year I had 2 bad HBA1C results of 78. I was having fatigue problems so went to see the company’s occupational health doctor who reported I was fit to continue working with reasonable adjustments and that they considered the disability clauses of the duty of care act would apply in my case they gave me days only for a month and I managed to mutually swap my nights so did only days for about 4 months. My HBA1C results during this time dropped to 54. Went back to occupational health doctor again and his report stated I should be kept off of doing nights as the improvement shows that working nights was detrimental to my health The other driver I swapped with wanted to go back to the normal shift pattern so I had to return to the shifts also but my HBA1C has now climbed to 65 in less than 2 months. I went to my company again and asked for flexible working doing just days but they have refused stating needs of the business, additional costs and problems employing staff. I feel they have not taken my health condition into account and they are making my position with the company untenable. Has anyone any advice as to what I should do now.

 

[Outlier]

Do you have a union. I think TUC covers bus drivers.

 

[Dave4jackie]

If occupational health already documented that night shifts worsen your condition, it might help to formally raise this with HR or a union representative. They can sometimes advise whether the company should consider reasonable adjustments under workplace health policies.

I have already tried this and they have refused to make any adjustments stating the needs of the business

 

[Dave4jackie]

I have already tried this and they have refused to make any adjustments stating the needs of the business. I have also made a request under flexible working which they have also refused. I am considering going to citizens advice as diabetes is considered a disability under the Equality Act and I feel the company are not complying with the duty of care regulations and by refusing to make any reasonable adjustments to help me control my diabetes better they are making it impossible for me to remain in my job. I believe I could have a case for constructive dismissal.

 

[Deemedi]

My understanding, from experience is that reasonable adjustments apply if they can be put in place. eg if they can demonstrate that it's hard or much more expensive to find people who can cover your nights. On the other hand if they can easily cover your nights but refuse they are being unreasonable.
I worked in situation where it wouldn't have been possible to make such adjustments permanently, covering all night shifts (short staffed, hard to recruit skilled night staff, locum too expensive), but also in different places where it was achievable.
If you can't fulfil a contract, and reasonable adjustments are not possible, you can legally be dismissed.
I hope this information is useful, and good luck!