Diabetes at Job interview

[sachu]

Hello all,
This is my first post, am new to this forum.
I need some advise please :-
I was working in security as a agency staff for 6-7 months. In Dec/ Jan I applied for regular/permanent position in the same work place
( a reputed University in London). The management were happy with my performance and offered me the position but asked me to do night shifts as well. I explained them that being diabetic type 2 ( put on Insulin during that time- as poorly controlled) I am unable to do nights. case was referred to HR and they replied as the position is for days/nights and it will be not be fair on other staff member, though I provided letter from GP and my medical records.
Can they deny to make reasonable changes ignoring Equality act ? is the employer not to liable legally consider diabetes as disability ?
I am perfectly alright doing days shift.

thank you in advance

 

[Deleted member 27171]

Hi @sachu

Welcome to the forum. I am sorry you find yourself in this position.

Yes they must consider making reasonable adjustments and should offer if it is possible. As you treat your diabetes with insulin you are covered by the Equality Act definition of a disability. It is possible that they don’t realise this so could be worth letting them know.

It might be helpful to give ACAS a call for advice: https://www.acas.org.uk/contact

There is also come information on the Diabetes UK website that might be useful including a guide for employers:

Work and diabetes

This information is about how to manage diabetes at work and to support you in knowing your rights at work. Jump to:

www.diabetes.org.uk

I hope you can resolve this in your favour without too much trouble. Let us know how it goes.

 

[Pumper_Sue]

Perhaps ask them to make night into day for you! Surely if the position involves nights and you feel you can not do nights why apply for the job in the first place?

I agree with the HR teams verdict that it's not fair on other staff members.

 

[Deleted member 27171]

why apply for the job in the first place?

It reads to me that the request to work night shifts came after the original application and having worked in the same place as agency staff until that point, presumably on day shifts. Regardless though, it is reasonable to request whether an adjustment would be possible.

 

[Pumper_Sue]

Regardless though, it is reasonable to request whether an adjustment would be possible.

My idea of an adjustment would be less than half the wage as nights normally pay a premium.

 

[Deleted member 27171]

Well yes, if any shift allowances are paid you couldn’t expect to be paid them if not covering those shifts.

 

[trophywench]

Perhaps a better idea all round would be for you to learn how to control your blood sugar better? I mean I'm obviously taking insulin as I'm Type 1 - so if I had ever needed to work 'unsocial hours' shifts, then I'd just have to learn how to adjust sleeping times, eating times and insulin doses - if I actually wanted to do it in the first place.

 

[leonS]

The best idea would be to learn how to cope with the shift pattern. It is not impossible or even all that difficult. A bit of guidance from your health care team and a bit of instruction and you should be able to give it a try.

I have done it as a T1 and know that if can be done.

Remember we live with it but not ruled by it.

 

[Sally71]

Diabetes is covered by the Equalities Act and your employer does have to make reasonable adjustments for you. But I don’t really understand why just being on insulin should stop you from doing night shifts, so you have to ask yourself whether that is a reasonable adjustment. Talk to your doctor, if you might need different insulin doses when you are doing nights then it can be done. Reasonable adjustments that your employer should make would be things like allowing you to have food with you to treat a hypo, allowing you to have breaks to treat a hypo or to eat if necessary, allowing you to have somewhere quiet and clean to go to inject if you need to do an insulin dose while at work. It probably doesn’t include allowing you to pick and choose your shifts just because you don’t fancy doing nights, most people probably find night shifts hard whether they have medical conditions or not!

There are very few jobs which insulin users are not allowed to do; anything else, you should be able to make your diabetes fit round the job rather than your job fitting round the diabetes.

 

[leonS]

I do not think that being assigned only to a day shift would be considered to be "reasonable adjustments". You are saying that you are unable to do the job and can not expect gross changes to be made to allow you to do it. You are asking in effect to be provided with a totally different job.

Say first to yourself and then to your employer "this is possible and I will do it."

 

[Hardy]

I believe employers need to consider reasonable adjustments but they are NOT required to provide them.
Good luck with work.

 

[everydayupsanddowns]

Welcome to the forum @sachu

Sorry about the difficulty you are having with the job you applied for.

I agree that your work life is covered under the Equalities Act and that your employer should make reasonable adjustments, but it also seems possible to adjust your treatment and diabetes management strategies to allow you to work nights, so having a good chat with your GP and possibly getting some training and advice about dose adjustment would be very worthwhile.

Hope you find a way through this difficult situation.

 

[Becka]

Regardless though, it is reasonable to request whether an adjustment would be possible.

That has happened though, as sadhu says the case was referred to H.R. to be considered.

However an employer only has a legal duty to make reasonable changes where a disability puts a person at a significant disadvantage compared to other employees (Equalities Act 2010). And the change requested would not be met by the employer, as it would instead place the burden on the other employees who would have to work more night shifts.

The purpose of the law is to ensure all employees are equally able to perform a job. Such as requiring adjustments to be able to treat a condition whilst working at night. But an exemption from working night shifts would instead give preferential treatment, as it would put the other employees at a disadvantage. So I do not see how it would be considered reasonable to require an employer to agree to such a request.

Of course, sadhu should take proper professional advice as others have stated.

 

[Ralph-YK]

Welcome to the Sachu.

it will be not be fair on other staff member,

In my experience, whenever that is said it's bull, and the person has not given due consideration to the situation. Get some support, and help dealing with the orgranisation if you still want to work there.