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Suspended due to Hypo - any help?

Collywog

Newbie
Messages
4
Type of diabetes
Type 1
Treatment type
Insulin
Hi everyone.
My name is Colin
I have type 1 diabetes caused by pancreatitis 7 years ago.
Generally never had a problem with it but started a new job recently and have been suspended for taking an unscheduled break while having a hypo.
Looking for some legal advice. , really. As I think this is unfair.
 
Not an expert, but I think it would depend on what you do for work? eg:- if your hypo' stopped an entire production line or prevented a fire engine from going to a shout?
 
Hi everyone, thank you for reading my post.
Here's my problem.

I started a new job in a hotel as a porter on 24/6/16
I informed H.R that I was type 1 diabetic and asked her to inform the relevant managers about my condition (I'm not shy about it and the more people who know, the safer it is for me)
The shift work (7am-3pm or 3pm-11pm) has been giving me hell with my diabetes control, but I've soldiered on.
Sometimes I can do a late shift foillowed by an early, I'm sure an 8 hour break is no longer legal according to the work time regulations, but that's not why I am here.
Anyway.
Yesterday (26/07/16) I started a 3pm-11pm shift but wasn't feeling great, I had a headache and was feeling confused & nausious. I went and informed H.R of this at about 4pm. I said that I think I will be ok to continue working, I just wanted her to know.
She told me to take care, take a break if I needed one and tell the duty manager if I needed to go home.
I continued to carry out my jobs, which involves a lot of heavy lifting and walking.
About 5pm, I felt absolutely rotten, I was having a pretty bad hypo. I've had hypos before so I didn't panic and knew what to do.
I went outside to cool down, have some fresh air and a sit down and a chocolate bar.
I was outside for less than 60 seconds when my pager rang and the general manager wanted to see me.
She proceeded to read me the riot act about taking unscheduled breaks.
She wouldn't let me explain why I was taking a break and told me to go home and ring H.R on Thursday (The lady in H.R has Wednesday off) so technically, I was suspended from duty for taking an unscheduled break.
I am humilated that I could potentially lose my job over something I had no control over.

Basically, I wondered if anybody could give me some advice on what I can do now. I feel that I have been unfairly treated.

Thank you for reading and I look forward to reading your comments.
 
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If you are a member of a union you could give them a call. If not, then you could consider calling the DUK Advocacy Service: https://www.diabetes.org.uk/How_we_help/Advocacy/ On that page, there's a link for diabetes in the workplace.

It could be the person who asked you to go home doesn't understand much about diabetes, so try not to go fast-forward in assuming it's all totally gloom and doom.
 

Sorry to hear you've had such a horrible experience.
From the way you describe the event, it sounds to me like your GM will be read the riot act - especially if they are aware of your diabetes. Going by the fact that they didn't allow you any time to explain the circumstances, it suggests to me that they were themselves under a lot of pressure and not coping with the stress. Perhaps you were a convenient pressure valve release for them?

Stay calm and reasonable - you did the responsible thing of informing HR when you felt unwell. I suspect that your phone call with HR tomorrow will result in an apology from their side. Going forward it's just a case of educating your GM so that they understand the issues you are faced with as somebody with diabetes. In fact, how about suggesting to HR that you give a presentation to the staff about what it means to have diabetes? Educated and informed staff will do a better job of looking after their guests.

Hope everything works out well for you tomorrow
 
Thank you for taking the time to reply and your support.
I will look at the links and have taken on board your advice.

In reply to some things, the GM is a nasty piece of work, there is, genuinely, nobody there who likes her because of her attitude and disrespect for her staff. (apart from the assistant manger who is her sister and the head chef who is her brother in law).

Due to the bad working atmosphere and the shift work playing hell with my diabetes control ("deal with your diabetes during your break time") I am hoping that I will be offered a redundancy package or something because it's not a happy place to work and now this situation will make my life hell.
 
Bearing in mind you've been there a month, you would not be entitled to redundancy, and to be redundancy your job has too have disappeared. If you were to be replaced on the same basis, they would be in breech.

What happens at a normal break time. Does another porter cover for you, or do porter services simply not happen whilst you're on a break?

Under normal circumstances there could either be a "this isn't going to work out too well. We should part company." conversation, due to the very brief period of your employment. You'd then, as I understand it, be due to be paid for the time you had worked, but nothing more. Most employers, in those circumstances might consider some rounding up, but if they believed you had had an unapproved break, I doubt that would apply.

If the Duty Manager has been told by HR that she has dropped a brick, then you may find them back-tracking on the suspension, and trying to agree how things can work, moving forward.

Have you read the documents on the DUK site where I posted the link?

Bearing in mind your comments above, what will you do if they backtrack and want to be a bit more flexible?
 
If you've only worked for a month then you won't be entitled to redundancy, your employer must make reasonable adjustments, so it is possible they will say you need to inform GM of hypo and need to take a break to treat.
 
Collywog said:
Basically, I wondered if anybody could give me some advice on what I can do now.
Click to expand...
Hi @Collwog Best advice in your situation is get in in writing. Create a paper trail that can be used as evidence in your favour.

Get everything in writing. But be as polite and accommodating as possible.
The Equalities act of 2010 prohibits punitive measures, victimisation and discrimination in the workplace.

Put a "special delivery" letter in to HR stating you were given permission from you're the company's representative (HR in your case) to take a break on the day if you needed it. Your employer hired you knowing you are diabetic; they are legally required to "make reasonable adjustments" to accommodate your condition under the Equalities act of 2010.

However that being said you may find as a new employee you are under a 3 month probation period where you can be "let go" with out any explanation during this period. no need for verbal or written warnings during the probation period.
If they do use your Diabetes as an excuse to let you go that is clear and provable discrimination and against the law you would have a case to take to a tribunal this will take months. Even if you do win there are limits in place for how much you could receive is you win, it's not a lot a couple of hundred.

The reality is you are probably in a no win situation your are trying to keep a job you don't like, hopefully your boss should have had time to understand the situation better realise they are in the wrong and try to find a way to back down, that allows them to save face without admitting they are in the wrong.

Don't go in to your meeting expecting the worse with all guns blazing give them a chance to save face and back down.

I hope things work out in your favour.
 
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You're replying to a post made in 2016, and may not get a response.
 
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