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Type 1 work legal viewpoint

S

Seanbagel

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Hi. My wife is a type 1 diabetic with pernicious anemia. I don't have diabetes and have been working at home since 24/03.

Towards the end of may my firm does an annual stock check which may involve me having to go in and assist.

Assuming we still have lockdown measures in place, does anyone know where I would stand legally if I refused to go in for fear of risking her getting infected?

Thanks,

Sean
 
You stand in the same situation as anyone else. Diabetics have not been told the must isolate for 12 weeks like those at extreme risk.

So the legal standing is that so long as the company respects the social distancing requirements then you are ok to work.

If you fail to goto work then you could be classed as absent without leave and subject to your companies disciplinary procedure
 
Diabetics of any type are just classed as a bit more vulnerable than the genpop, so legally I doubt you can refuse. You can always ask, they can only say no. Many diabetics are themselves working, as it's not regarded as enough of a reason by itself to not be.
 
I took legal advice and medical advice

The advice was just be careful with the social distancing.

I did actually end up making a complaint to HR as the local depot didn’t understand social distancing and the increased risk of some staff members.. the local manager got a major telling off and things changed.

Also locally I’ve seen a few cases of people that were furloughed now being brought back and they feel the have the right to stay at home.. but unfortunately this is not the case and it’s been made clear to them that unless the have a sick note or the letter telling them to isolate that they will be expected in or risk disciplinary action.

Your best bet is to speak to your employers state the increased risk and that you expect good measures in place to protect you. If you turn up and the measures are not suitable you can then refuse to work on the grounds of health and safety.

If you are lucky when you explain the increased risk they may say stay away
 
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