Hi all, new on here, more about myself to follow but for now i would like to ask a question.
I have had a number of periods of sickness from work this past 12 months due to my diabetes. I work a three shift system which has lead to my diabetes being badly controlled. HR has made the decision to move me to a different department and put me on a day shift temporarily so that i can better control my illness. (Minimum of 3 months). This may be a good idea but unfortunately (after 30 years of shift) this will put me out of pocket by about £500 a month and place me in a bad financial situation, leading to stress which in actually making my control worse. (So much for Duty of care in the workplace eh?).
Anyway! I was chatting to a work colleague this morning whos wife just happens to work in HR for a different company, he was telling her what work was doing to me and she immediately replied, "They cant do that! They can move him to wherever they want, they can put him on any shift they want but under the Disabilities act 2010, because the move is not a business need, and because it is diabetes related, they cannot remove his shift pay even if put on days as this would be illegal as he is being discriminated against because of his disability!"
Does anybody know if this correct, and if so where can i get legal advise?
Thanks for listening people. Would be good to know your thoughts and advise about this. In the mean time, take care all, catch you again later.
Hi. Thanks for the information. I am treated with Triple therapy tablets, ( Metformin and gliclazide among others) also insulin.Under the Equality Act 2010, which replaced the Disability Discrimination Act, a person is disabled if they have a long term health condition that would have a significant adverse impact on their ability to carry out day to day activities if it weren't treated. So type 1 is definitely a disability because if it weren't treated, the person with type 1 would die, which has a fairly significant impact on the ability to do day to day activities. But type 2 is a bit of a grey area. It has been held that untreated type 2 is not a disability, because it's already untreated and day to day activity happens fine (Metroline travel ltd v Stoute). So, whether you type 2 diabetes is a disability depends on how it is treated. How is your diabetes treated?
Hi. Thanks for the information. I am treated with Triple therapy tablets, ( Metformin and gliclazide among others) also insulin.
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