Diabetes Discrimination

[Najres]

I have been signed off work for the past 3 weeks due to Stress related problems. I have found out that after a 10 days, my Employer is advertising for my position believing that I will not be returning.

I have no discussions with them in relation to my condition.

I have received a letter from them today asking me to attend a meeting on Tuesday in relation to a previous meeting regarding procedures.

Do I have to attend if I am still of sick and is there a case of Discrimination under the Equalities Act 2010 by advertising my position after such a short time.

Any advice would be great.

[becky2585]

How long have you worked there?

 

If over a year, that would almost certain be unreasonable!

 

If under a year, you're off with stress and not diabetes, so no case.

 

It's always wise to try to attend such meetings if you can. You can be medically unfit for work, but still fit to attend meetings - I'd ask your GP.

[Najres]

Hi Becky.

Thanks for your reply.

It is under a year, but the stress is related to a Diabetes related complication. It hasn't been made any better by my Employer advertising my job after only 10 days. It has added to the problem if anything.

[Conniff]

As you haven't indicated a time you will be back, then you have given him reason to believe you won't be coming back. He has a product to produce and is a member short, that is unfair on the other employees.

Sickness absence is a reasonable reason for dismissal.

[Najres]

Hi Connif.

Thanks for you reply.

I appriciate that the company are member short. However, they were fully aware of my condition before I was employed.

Under Equality Act 2010, Employer's must make allowances for disabled people and help in any way possible to get people back into the worksplace (within reason). Causing more stress, I do not believe is helping the situation especially without discussing with me first.

[Emmzzi]

Stress is only a disability if it lasts for 12 months or more

 

Diabetes is generally controllable after a bit of effort and does not generally cause stress. Diabetes does not always get classed as a disability, it depends on its impact on your day to day life.

 

I think you are straw grasping. Can you argue the case in a clearer way? As it stands, there's no equality act protection. Try explaining more please?

[Emmzzi]

btw - if you are on a warning for not following procedures and you have just been called in for another disciplinary for not following procexures, equality act is a total red herring. Do you want to explain the background to that a bit more please too?

[Najres]

Hi Emmzzi

Please see: diabetes.co.uk/diabetes-destress.html

Also under Equality Act 2010 Diabetes is classed as a disablitly.

[Emmzzi]

No, not neccessarily

 

"Although you may not consider yourself to have a disability, workers with diabetes will often be protected.

 

The Act defines ’disability’ as a physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities."

 

Often protected. Not always. From, in fact, the Diabetes UK website.

 

http://www.diabetes.org.uk/Guide-to-diabetes/Living_with_diabetes/Employment-and-diabetes-/The-Equality-Act-2010/

 

It is about the impact of the condition, and a court will decide it is a disability. So if you were planning on this being a cover all get out of jail free card - it isn't.

 

Now tell us more about these procedures that were not followed and we may be able to help.

[Najres]

I was recently diagnosed with DME and have received treatment for this. On my last check up 4 weeks ago, it was noted that it has gotten worse and I could be blind today / tomorrow / next week / next month etc. No one knows. This has be stressful on it's own.

On top of which,I made a couple of small administration errors at work during this time that did not cost the Company anything. However, I was hauled over the coals and told to "take notes" I then received a follow up letter to my home at the weekend stating that I needed to take more care to detail. I began getting unwell due to the stress and was signed off for 2 weeks. On the 8th day, a friend called and advised me that my job was on the market and that Agencies were actively recruiting. This was followed up by my boss calling and telling me that Doctor's just sign anyone off these days.

I have today received another letter from the Company asking me to attend a meeting on Monday to discuss the issues raised in my last meeting even though I have not been there really since. There is no mention of it being a welfare meeting.

[Emmzzi]

Does the letter use the words "investigatory" or "disciplinary" at all?

 

When you say "not really been there" that indicates you have in fact been there, and may have made further errors?

 

It does sound to me like they are going to let you go - and they are going to use performance, not illness, as the grounds to do it.

[Najres]

It states " discuss our concerns as set out in our letter dated 12th October." which only covered our last meeting. There is no mention of the words "investigatory" or "disciplinary"

Apologies for the confusion. I have not been at work since 17th October.

Agreed it does sound like they are looking to get rid, but do they not have to give me notice to do that as it is not a case of Gross Misconduct ? As stated my stress is secondary to my Diabetes and there have been no attempts to discuss the situation with me.

[Emmzzi]

They have to give you notice as set out in your contract, and any accrued holidays, and if it is for performance, you have no comeback. They may have found something that was an error between 12 and 17 October. I expect they have.

 

I would be more concerned about parting on terms that give you a half decent reference instead of worrying about waving the law at them - I don't think you have a law that'll apply. You are not long served enough and your performance errors are not related to your condition.

 

I am however the pessimist of the board so let's see what others think.

[Najres]

Thanks Emmzzi for your comments.

 

A reference is not really a problem. My previous Employer have said that they will be me a glowing reference.

 

LOL, a pessimist is not always bad. It just means that you will not be disappointed.

 

So do U think that I should attend the meeting on Monday and just get it over and done with even though I am still signed off.

[Emmzzi]

I'd prefer to be there and discuss than get a letter in the post.

 

Many employers need a reference from your most recent employer. I would say it IS a problem.

[Nystagmite]

As stated my stress is secondary to my Diabetes and there have been no attempts to discuss the situation with me.

 

have you asked to discuss this situation?

[Najres]

After being told by the MD that he thought I was Twagging it. Didn't really see the point making contact again.