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type 1 employment problems

Discussion in 'Jobs and Employment' started by Mary k, Feb 19, 2009.

  1. Mary k

    Mary k · Member

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    I am 38 and have been type 1 for 27 years. I generally have very good control, although I do have kidney damage due to problem some years ago. Recently I have started having hypos at work with little or no recognition which has become a problem with my employers. I am worried they will sack me even though I am doing regular tests, which is limited by the type of work I do. Has anyone else experienced similar problems or come up against this "no win" situation?
     
  2. Katharine

    Katharine · Well-Known Member

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    At only 38, you will certainly want to stay in employment for a lot longer.

    Some diabetics have found that their hypo awarness gets better by:

    Analysis of what is contributing to the hypos and fixing what aspects you can.
    Meticulous correction of bs lower than 4.
    Changing to animal based insulins.
    Going on the DAFNE course.
    Getting an insulin pump.

    Any ideas what is contributing to the hypos?
     
  3. jopar

    jopar · Well-Known Member

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    Yes I thought my old employer for just over 3 years due to there perception that having a hypo in my work environment could endanger me and/or other staffs near me… They can not sack or medically terminate your contract as such…

    You have the Disability Discrimination Act 200?, In which the employer must with in reasonable cost etc equip, alter a employees work environment or conditions and practices to accommodate there disability…

    My manager sent me off to the Occupational Health, who can determine the dangers of your medical condition, and any alteration to work pattern. Practice that might help you, and if the go down this route, then they are obliged to implement any suggestions that can be deemed to be of reasonable cost to implement…
     
  4. Mary k

    Mary k · Member

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    My dental nurse job involves extremely busy times where I have to literally run to keep up with NHS patient targets. The problem is that my dentist is very intolerant of my diabetic needs of having to stop for a few seconds to take glucose. It is difficult to maintain a steady blood sugar when employers make you feel guilty for having a hypo! Otherwise my control is very good. I have a horrible feeling that they will get rid of me soon and I am not on a contract but only paid for the hours I work.
     
  5. hermit104

    hermit104 · Member

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    You ARE on a contract if they employ you, even if only paid for hours you work. I suggest you ask for a Statement of your main Terms & Cconditions - employers are legally obliged to provide this.

    You have rights under the Disability Discrimination Act and also if you have been employed for more than two years you can take your employer to a tribunal for unfair dismissal without the DDA Act.
     
  6. Mary k

    Mary k · Member

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    I was sacked last week because I was deemed "to much of a risk to patients"! It seems that because of ignorance and laziness, my employer did not want to learn to reconise the difference between a hypo and a headache! Every time I mentioned that I had a headache, or felt mildly under the weather they would jumpt to conclusion and run about panicking with hypostop. Despite every attempt to provide the appropriate information and even doing blood tests in front of them to show that all was normal, they decided not to believe me. I feel this is a crushing injustice, (although I obviously don't want to return!). How can employers be so blatently ignorant and get away with it?
     
  7. sugarless sue

    sugarless sue · Master

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  8. timewarp

    timewarp · Active Member

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    Type 1 Diabetes with Insulin is definitely classified as a disability under the DDA 1995 amended 2006.

    Therefore reasonable adjustments have to be made for the employee.

    Based on your posts it would appear that you could mount a Tribunal Case based on DDA and from what you have said unfair dismissal. It really depends on all the circumstances.

    What I can say to you is that if you feel you have been wronged - challenge it! Go for it, some employers would have to weigh the cost of tribunal against that of making a payment etc.

    Their (IT) website takes you through your employment history to determine whether you can lodge a case.

    Good luck :roll:
     
  9. Mary k

    Mary k · Member

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    I will look into it. They could say that I was having hypos too often and I have no solid proof otherwise. I'll check their website first and see where I stand. Thanks!
     
  10. Mary k

    Mary k · Member

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    I have been told that I can only claim unfair dismissal under the DDA 1995 only if I have been employed by the company for for 1 year. Does anyone know any different? I was only employed for 7 months.
     
  11. fairplayuk

    fairplayuk · Member

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    Hi Mary k,

    Type 1 is a disability under the DDA. You can work for less than 12 months if you have a disability before you raise an Employment Tribunal known as an ET1....That is valid

    ....BUT it is very important that you get it in less than 3 months from the last act of discrimination.
    You state that you were dismissed in May. You really do need to make sure you submit a claim before 3 months if that is what you want to do. :?:

    Did they actually put in writing that you were dismissed because you were a risk to patients?
    How did they come to that conclusion?
    Did they get any medical info about you ?
    Did they discuss reasonable adjustments?

    Re being dismissed..
    Step1 Did they they invite you to a disciplinary meeting telling you that they had concerns about your work/health? Did they have an investigation?
    Step 2 Was there a meeting to which you were invited to consider whether or not you could continue at work and did they invite you to be accompanied...in writing? Did they put forward a case based on evidence why you were a risk to patients?
    Step 3 After they dismissed you what did they put in writing and did they give you the chance to appeal?

    All very important!

    If they haven't followed the new ACAS guidance and you go to an Employment Tribunal and win, there is no limit on the amount you can be given (although usually it is not very much)..But it can be increased by 25% if they haven't followed the new ACAS guidance.

    You may ask at your appeal that medication be considered to see if a suitable way forward can be found - otherwise an ET is the only way. Have they discussed a reference?




    Were you called to a hearing with the right to be accompanied?
    Did they say in writing that they were considering dismissal? Have they asked for a medical resport?
     
  12. danbob

    danbob · Newbie

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    Hi

    I am new to this forum but thought I'd let you know about worrying things I have come across with regards to my condition of type 1 diabetes & thyroid problems and my employers. Where I work we have very strict absence triggers. 3 triggers in a 12 month cycle mean you get an absence stage 1 interview and so on. I seem to be hitting these quite a lot recently with erratic diabetic control and thyroid problems meaning I am very tired all the time. I am working on this with my medical experts.

    My question is the following:

    "Should my employer be considering my episodes of absence due to diabetes as sickness triggers or diabetes related and therefore be exempt?

    I seem to be hitting these triggers all the time and its stressing me out. I feel they think I am taking the Mick but I have been in work when I really cannot function at all some days, just to stop these triggers.I have had managers who asked me to provide them with literature explaining what my condition was about and how it could make me feel ill, and affect my health. I refused this due to the pure cheek of it. If they wish to know more, let them find this out for themselves or send me to Mediscreen.
    Luckily I have a manager who has introduced working from home and flexible working and more in the real world and understandable.

    Best wishes
     
  13. catherinecherub

    catherinecherub · Guest

    Hi danbob,

    I do not have any advice to offer but will bump your post up in the hope that you get a reply.

    Catherine.
     
  14. Pandy54

    Pandy54 · Member

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    Hi Danbob

    Diabetes is covered by the DDA, the employer has a duty to make 'reasonable adjustments' to help with the condition.

    'Reasonable' is hard to define - and even harder to put into practice. In my book, it would mean being flexible about rest periods, working hours and the work environment. Ask to be referred to an Occupational Therapist, they will evaluate your situation and make 3rd-party recommendations which should be taken notice of!

    After those adjustments have been implemented, if your absence levels do not improve, an employer may consider that the level of absence is detrimental to the business and attempt to dismiss on capability grounds. This has nothing at all to do with the reason for your absence, only about the effect that absence has on the business.

    The law is good as far as it goes, employers are not doctors and know little or nothing about your condition, I would suggest that you do what you can to raise their awareness. I know that this doesn't seem fair but it might help!

    Good luck :)
     
  15. danbob

    danbob · Newbie

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    Thanks for the reply. I think I will ask about occupational therapist referral with my manager. Its in both our interest to get this sorted. I need to be more willing about raising awareness as well.

    Thanks again for your suggestions.

    Danbob
     
  16. fairplayuk

    fairplayuk · Member

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    Dear Danbob,


    It is good that you are asking for a referral to occupational therapy.

    You do, however, need to ask for reasonable adjustments including that your diabetes and thyroid health problems, that make you absent from work, are recorded differently from other absences.

    That way ,if they wish to dismiss you because of health problems, they will only count absences which are not related to your disabilities.

    If they refuse to do that and do dismiss you, you should be able to claim direct disability discrimination according to a new piece of case law which determined that failing to make resonable adjustments to prevent a detriment, is direct disability discrimination.


    Better to work with your employer if possible but asking for the above will help you significantly. They can then only count the days sick which are completely unconnected with your disabilities.

    If you are absolutely unable to work because of your disability related health problems, rather than sack you, request a health breakdown retirement. This is expensive for them but they can add 7 years to your pension and you can get your pension immediately.?

    FPUK
     
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