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work disiplinary , re: diabetes

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Edelweiss65

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I have just been summoned to a disciplinary hearing next week re. time off sick from work because of my diabetes & related illness`s ...I have been trying to find out on internet where I stand re; my rights .

can they dismiss me for sick time ...

All my time off work has been medically confirmed by my GP ...can anyone give any advice or know websites to go to !!
 
Read your staff handbook, statement of terms and conditions or whatever about the company policies on sickness, absence etc.

"Frustration of contract" is a mechanism for firing someone who is away from work excessively, but most companies would be reluctant to go down that path and be seen to be harsh on a sick person.
 
Hi,Edelweiss65 ,

Just ensure you have as much information that you may need and copies of sick notes etc;

Procedures regarding "diabetes" & "related illness`s" may cause concern for the company, regarding other staff and safety rules.

I not sure how far this has gone or at what stage, you may even request to have a witness at this meeting.

If there is indication Prior to this meeting that dismissal may happen or any employment query that you have, then you should contact "Acas" for advice.
Call their Helpline on 08457 47 47 47.
Monday-Friday, 8am-8pm and Saturday, 9am-1pm
can they dismiss me for sick time ..
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Yes they can,but if unjustified you can take further action for wrongful dismissal.

Just make sure you attend well prepared for this meeting.

best of luck,

Roy.
 
I'd also try the EASS helplibe as they advice specifically on the equality act. I don't know their number but a quick Google will do the job.

Sent from the Diabetes Forum App
 
thanks everyone for your replies ....It pisses me off when the company`s following procedure re; my sickness , but when it comes to them , paying my wages correctly & ensuring I get a break during a 10 hour shift or time to monitor my blood sugars , they are somewhat lapse !

! work as a delivery driver starting at 7am , sometimes only managing to get a few minutes break about 2pm ,the rest of the time I just eat as I`m driving around all day , with little if any time to stop & rest .!

thanks for the advice ,I will be going to hearing better prepared now I think.
 
Hi, again

When you say delivery driver, you may have opened a can of worms in your favour.

For example has the vehicle been fitted with a tachograph. how many breaks you get between timed deliveries etc; I know you may drive a van but there is a practice your company may not be complying to.

As I said before make sure you are well prepared.

Roy.
 
Can you take someone with you (as a witness or to remember what was said) if your in a union you would be as well to request that an official accompany you ( just to keep proceeding honest )
 
Just thinking about the driving being a part of your job, and that your employer may try to claim that you are medically unfit for the job on that basis.

Is there anything about your diabetes or other conditions that may possibly impair your ability to drive or put your right to hold a licence under question? If so, you may want to be armed with the knowledge that your doctor would be willing to declare that in his/her opinion you are safe to driving. As well as your doctors opinion of what resonable requests you could make of your employer that would keep you safe and healthy.
 
I am fit to drive , & DVLA says so , my absence from work has not all been sick , but to attend hospital appointments of which I have had to take annual leave , but they say I took the days off sick !!...
 
Under the Equality act (Previously the Disability Discrimination Act) your diabetes counts as a disability, because it is a long term progressive condition, that will become more serious if not treated. Your employer is legally bound to give you time off for all medical appointments. They don't have to pay you.


Sent from the Diabetes Forum App
 
I was sacked 8 weeks ago for diabetes related illness i had 41 days in 2009 prediagnosis then 40 days over 3,5 yrs i go to appeal in a couple of weeks is there any suggestions of anything i can use to prove that its not all my fault.
 
Catz51 See what Danyparc wrote on a previous thread, may help.
If you are disabled and your employer dismisses you for taking time off sick for a reason connected with your disability, your employer could be breaking the law. You may be able to make a complaint to an employment tribunal for disability discrimination.
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You could also contact your local job centre and they will put you in the right direction.
A lot depends if your Diabetes is a disability.

"However a lot of what you say might not totally relate directly to sickness".

Best of luck.
Roy.
 
As Roy says, take a witness with you. Make your notes for and against the employee. You are entitled to your breaks whether you are driving or not and if you arent getting them then they could be breaking your contract so look carefully at your contract and working conditions. Also check your rights as I am now expert regarding breaks and lunch breaks.

Good luck
 
Please be very careful what you say, what you do.
It happened to me, even though they are obliged to have 'a duty of care' towards sick staff.
I have a mental health disability, worked for a local london authority for 21 years - member of union - was dismissed in 2010 - they put it down to 'capability due to ill health'. Unison betrayed me, management bullied and harrassed me, combined sickness records together over 2 years, used and abused me verbally and physically, went to C.A.B. whose solicitors got involved then telling me i was too late - you only have 3 months after dismissal to file for a tribunal hearing, and you need evidence of such.
I didnt get my application back in time due to my mental state - had all sickness notes from doctor, psychiatrist etc. Was not enough. I wrote to Ester Ranzon then the bullying campaigner, MPs, no one wanted to get involved. I was told it was only my perception of things!!!!!! Im still unemployed in 2013.

So please be careful who you trust or get involved with. God be with you! xxxxx
P.S. Unison disability rep never turned up at absence meetings, i was highly stressed coping with managements question firing - they had each other - there was only me. Highly stressful.
 
All my illnesses have been caused by stress levels. Including my diabetes, underactive thyroid, stress incontinence, mental health, cholesterol, meds cause weight gain, housing conditions, rejection, family feuds, work pressure.

Ive now become a burden for everyone - i was told stand on your own two feet!!!!!
 
yes, keep a diary of everything that happens or said.

Each company has a duty of care towards you meaning that they have to make reasonable adjustments to your job.

Make sure that their sickness policy etc is up to date - mine wasnt.

And, sorry to say this, but I found out that the doctors word/note is not final.

I am still feeling angry about my dismissal.

I told management one day ' i may have a disability, but my brain, eyes and ears still function'!!!!!! They didnt like it.
They told me to remember who paid my wages - i commented the same back, i warned them!!!!! Didnt like me standing up for myself. I pray it doesnt happen to you, Good Luck.
 
Shooter007 said:
Can you take someone with you (as a witness or to remember what was said) if your in a union you would be as well to request that an official accompany you ( just to keep proceeding honest )
Click to expand...

I was not allowed to bring in someone from outside - just someone from within staff.

It was not policy.
 
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