Work not allowing breaks at reasonable times

[brandooon]

I'm essentially wondering if i am being discriminated against here, the situation, makes me feel i am being bullied..

I have been diabetic for 15 years, and every job I've worked at has allowed me to take breaks as and when i need them for injections and eating, even on shorter shifts where you usually wouldn't be given a break.

9 months ago i started a job as a chef (i know the industry can be a little fast paced) when i started i informed the manager that i have diabetes and may need to take breaks at certain times for my insulin injection and to have a bite to eat.

But a new manager started 6 months ago, and since then I'm findind myself on 14 hour shifts, and when I've said to the head chef or assistant manager, "I need a break to take my injection" the response has always been the same "I've not had a break" and not allowing me my break when i need to inject and eat. So one time when i was 8 hours into my 15 hour shift, i ask the assistant manager, "can i go have my break I NEED to inject and eat" to which i get the same response... "I haven't had one, now this time, it had been happening so long people saying that to me when i say i need a break, that i started shouting at him, telling him he already knows I'm diabetic and should know that i need my breaks at certain times, which i had said when i started working there...

He sends me on my break, and the head chef comes up to me complaining about me having a break because again he hadnt had one... next thing i know the new manager pulls me aside and tells me, i cant speak to them that way, because I'm allowed my break when it suits the company, not when it suits me. and goes on to say he's not going to treat me any differently to the other because of my condition because it's "unfair"

Then i got seriously ill a few weeks back, because i kept being put on 8 hour shifts without a break, meaning i was having to miss that dose of insulin when i was working, out of fear that my blood sugars may drop too low, and id be able to do nothing about it, because he refused to treat me any differently. So i came down with Ketoacidosis, had blood tests done at the doctors, managed to get my blood sugars back to normal while off work by taking extra injections, and drinking lots of water.

since then, I've mainly been put on 8 hour shifts with no break or shorter shifts, because of me having shouted at the head chef and assistant manager i believe. But today was put on a ten hour shift, and was saying about my break to him, and he turned around and said, "you need to go to your doctor and get them to write down the times you need to take your injections, before i can do anything" I mean sure, that's easy enough for me to do, but that also meant me not being able to take my injection, until thirty minutes before my shift ended... and not being able to take a break on my 8 hour shift tomorrow to take my injection and eat, meaning i'm going to end up with ketoacidosis again.

I know i could just take a smaller amount of insulin, but knowing that no-one i work with cares if i get a break or not scares me out of doing that, because even if i take a smaller dose, the fast paced environment, could cause low blood sugars...

Going to sound stupid, but i dont think i can work this job any longer since its constantly making me ill, does this sound like bullying or discrimination or am i just being stupid?

And if it does sound like bullying or discrimination, what are the chances of the job centre accepting me for JSA while i search for a new job where i wont be treated this way?

May sound like i just want to be lazy and claim JSA, but i absolutely hate being out of work, and can't stand being on JSA, everytime i've been on it, its only been for a month while i'm searching for a new job...

 

[Crimsonclient]

There are laws to protect you and someone will be along with the exact law in a bit, if you quit your job I don't think you will be able to get JSA, however you may be able to get ESA if your doctor signed you off sick, but most importantly what they are doing is illegal and I would go and get legal advice due to the fact you may have a case for constructive dismissal


Sent from my iPad

 

[AndBreathe]

What did you do before you became a chef? And did you leave one job to go to another, or had you been out of work before this job?

 

[brandooon]

thank you, i think i will seek legal advice to be honest. Do you think the doctor could speak to the job centre about it and maybe get some leeway here?
because it's getting to a point where I'm just getting depressed about it, and it's really affecting my life..

Before i became a chef, i worked wherever would take me on, just before becoming a chef i worked for sainsbury's and they were very nice to me about my condition and allowed breaks whenever i needed them. I left the job at sainsbury's to work this job yeah :/

 

[Crimsonclient]

I don't think the doctor talking to the job centre will make no difference. Go and see your doctor as he may sign you off sick, and then yo and get legal advice because you are being discriminated against, and yes that means your being bullied,


Sent from my iPad

 

[mo1905]

You say you told the manager about your diabetes "when you started" ? Was this at interview or after you were actually employed ? I only ask because if you did make any formal complaint this may have an impact as your manager may say that you should have let him/her know earlier. Just a thought. Apart from that, you are covered under the Equality Act. Diabetes is classified as a disability and your employer has to make "reasonable adjustment" to allow you to manage your diabetes. Only problem there is, what they consider "reasonable" may not suit you. Have you actually sat down and explained things ? Why you need to test and eat regularly ? Many people just aren't aware and this could be an easy fix ? Good luck anyway.

 

[brandooon]

i actually informed them in the interview. and when the new manager started i made sure he was aware of the fact I'm diabetic, but for him to be asking for essentially proof now, 6 months after he started, makes no sense to me... I have explained to him at which point i was told "i'm not going to treat you any differently because of your condition, it's not fair on the other staff"

 

[brandooon]

I don't think the doctor talking to the job centre will make no difference. Go and see your doctor as he may sign you off sick, and then yo and get legal advice because you are being discriminated against, and yes that means your being bullied,


Sent from my iPad

ah, yeah may have to try that. I will see what is said when i go to my appointment, and see what he can do for me.

 

[mo1905]

i actually informed them in the interview. and when the new manager started i made sure he was aware of the fact I'm diabetic, but for him to be asking for essentially proof now, 6 months after he started, makes no sense to me... I have explained to him at which point i was told "i'm not going to treat you any differently because of your condition, it's not fair on the other staff"

Then yes, you are being treated unfairly and you have the law on your side.

 

[brandooon]

Thanks you. that's good to know I'm going to try for legal advice, and also ask my doctor if theres anything he can do to help me here.

 

[AndBreathe]

I am assuming the head chef doesn't pay your wages? You need to talk to someone who can make a difference. Whilst ignorance is no defence, the new guy may not understand the implications of his stance, and being new he may be trying to exert his authority.

Does your employer have an HR Department or HR Manager?

 

[brandooon]

Having already spoken to the manager about it, my next step is to go to HR. The downer here is that I'm finding myself lacking energy in work, with the not getting breaks when needed and having to miss doses out of fear of hypos, and this has affected my performance at work too, and he's been going behind my back telling others that he thinks I'm not doing well enough at the job, so right now with him essentially asking for proof of my diabetes, feel like he thinks I'm using it as an excuse :/

he has told me today also that i may be looking at disciplinary action because of my performance.. which has only changed since not being allowed time to inject and eat when needed.

I always try my best, but yeah lacking energy and feeling really down in work because of this situation, is not helping at all :/

 

[Shar67]

The manager is breaking the law, he cannot unilaterally over ride disability discrimination, if you need a break take it. If the head chef hadn't had a break tough that is his concern not yours (company is also breaking work laws if people are not getting entitled breaks).
If the manager threatens to fire you, tell him you will not be bullied, write down all occasions this is happening. You need to get legal advise ASAP, if you need to record conversations on your mobile do so.
Your on going health is more important than either of these idiots appreciate.
If you have an overall manager take up issue with them, you need to have the organ grinder not the monkey on your side.

 

[brandooon]

The manager is breaking the law, he cannot unilaterally over ride disability discrimination, if you need a break take it. If the head chef hadn't had a break tough that is his concern not yours (company is also breaking work laws if people are not getting entitled breaks).
If the manager threatens to fire you, tell him you will not be bullied, write down all occasions this is happening. You need to get legal advise ASAP, if you need to record conversations on your mobile do so.
Your on going health is more important than either of these idiots appreciate.
If you have an overall manager take up issue with them, you need to have the organ grinder not the monkey on your side.

I will be getting in touch with the area manager, and HR over this. it's getting to the point where all i want to do is leave the job, because my life is more important to me than working for some jerk, who doesn't care that he's causing me massive problems :/ but with nothing to go to I'd be unable to pay rent and such, which puts me in a predicament, I am searching for a new job too, because I can't take this much longer, but will also be looking for legal advice, because no manager should be able to put someone in such a dangerous position of ketoacidosis and not care in the slightest...

 

[phil169]

he is putting your life at risk there for he is in breach of health and safety at work act. you must be given time to keep you and your fellow workers safe and free from harm (what would he do if you had an hypo and had hold of a pan of boiling food, dropped it injuring you and a fellow work mate.????) plus other employment laws they are in breach of. your employer has to keep you and every one safe and free from harm at all times.

 

[brandooon]

That is true, I'd never thought about it from a health and safety in the workplace point of view, not sure how he'd react in that situation, but I'm sure he'd find a way of making it my fault.

 

[Mazzer]

Hi Brandooon, You should not be bullied by these people and you should not be expected to work more than 6 hours without a break, however under the Equality and Diversity law it does not mean that everyone should be treated equal, what is fair to one person is not necessarily fair to another person. Everyone is different and require different needs, and the company is duty bound to allow you to take a break long enough to take your medication and eat, as this is a requirement of your well being. You should not be made to feel guilty, harrassed, bullied by anyone, it is against the law, and to do so would definitately be a case for constructive dismissal. Make sure you keep a diary of all the discussions between your manager and any comments from other members of staff. You can contact the Advisory, Conciliation and Arbitration Service at www.acas.org.uk who deal with disputes and Employment Law, you can ring them and get advice about your situation and they will advise you what to do.

I hope this help you, let us know how you get on. Good luck

Mazzer

 

[jodysd6]

I have not much to add to the above re getting some legal advice, but there is certainly a health and safety concern here of you are not allowed to test and treat. I know it's not the same thing but when my brother in law was manager of a hotel restaurant one of the chefs had a seizure whilst in the kitchen and was holding a very large pot of boiling liquid at the time, I believe he suffered very serious and significant burns, so the health and safety aspect is certainly something to consider in a busy Kitchen environment.

 

[brandooon]

Hi Brandooon, You should not be bullied by these people and you should not be expected to work more than 6 hours without a break, however under the Equality and Diversity law it does not mean that everyone should be treated equal, what is fair to one person is not necessarily fair to another person. Everyone is different and require different needs, and the company is duty bound to allow you to take a break long enough to take your medication and eat, as this is a requirement of your well being. You should not be made to feel guilty, harrassed, bullied by anyone, it is against the law, and to do so would definitately be a case for constructive dismissal. Make sure you keep a diary of all the discussions between your manager and any comments from other members of staff. You can contact the Advisory, Conciliation and Arbitration Service at www.acas.org.uk who deal with disputes and Employment Law, you can ring them and get advice about your situation and they will advise you what to do.

I hope this help you, let us know how you get on. Good luck

Mazzer

Thank you, that helps a lot I didn't know about the 6 hours, I've only ever had breaks on shifts longer than 9 hours where I'm working now, but even that is going back months, now even a 14 hour shift only gets me a half hour break at the place i currently work at :/

i will be calling acas in the morning for sure

 

[brandooon]

I have not much to add to the above re getting some legal advice, but there is certainly a health and safety concern here of you are not allowed to test and treat. I know it's not the same thing but when my brother in law was manager of a hotel restaurant one of the chefs had a seizure whilst in the kitchen and was holding a very large pot of boiling liquid at the time, I believe he suffered very serious and significant burns, so the health and safety aspect is certainly something to consider in a busy Kitchen environment.

Yeah, I've told him about previous hypos that I've had too, where i have had a seizure, but that doesn't seem to matter to him.