disability discrimanation

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tarj

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Relationship to Diabetes
Type 1
i started work for a company in march 2008 and had told the trainers,fellow staff members and marked on my application form i was a diabetic.during the 11 months i was there i was absent from work (3 days due to a flu) (14 days due to chest pains,arythmia) (2 days for a virral infection) all covered by gp sick notes and medical letters.even so,i was given extended probation periods,a written warning and finally dismissed.my diabetes during this time was not perfect but there was no support or understanding from my company.i have my case starting in jan 2010 for disability disc. and would like someone to tell me:

1 - am i more vunerable to infections if my diabetes is unstable?
2- am i in the right as my employers presume they are?
3 - do i have to mark i have a disability on my application form because i pressumed diabetes was a hidden disability?
 
hi , i know you are right about the first two......but the third im not so sure about , i remeber having words with the job center about disclosing my diabeties to the employer and they advised me that i should tell them as if i was to have problems while at work or i had to take time off for appointments etc

ive got some paper work about it somewhere , i'll have a look and get back to you
 
Hello,

1. I'm pretty sure if your Blood sugars are unstable then you are more likely to contract infections as your body and immune system is run down. We're definitely more susceptible to thrush, chest infections, etc but I'm not sure about the conditions you mentioned specifically.

2. Difficult to say who is in the right. Depends on the reason they gave for terminating your employment, and the policies and procedures you agreed to regarding sick leave and probation period when you signed your contract.

I also wondered why you were put on an extended period of probation - was it because you were ill during your initial probation period or because you told them you were diabetic.

3. There was a thread on whether diabetes was a disablilty a while ago. I myself do NOT class myself as disabled as it does not stop me doing anything. If the application asks for medical conditions then I put it under that section. If it asks if I am disabled I answer No. If we are to be classed as disabled then I'll be at the front of the queue filling in forms for Disability Living Allowance, and to get my Disabled Parking Pass 😉

Hope this helps,

NiVZ
 
i had circled i was a diabetic and informed all i had this illness from day 1.whether it was time taken off during my intial probation period,if your ill your ill,it happens.and as they were aware i feel a little support or understanding could have been taken into account
 
I would have thought that as you declared you were diabetic initially, they should not be penalising you for having time off for diabetes related problems.

Do you have a copy of the DDA? I think it would be wise to research what your rights are so you are prepared for the meeting. I hope you get what you hope for from this meeting and good luck.🙂Bev


This link may help

http://www.direct.gov.uk/en/DisabledPeople/RightsAndObligations/DisabilityRights/DG_4001068
 
Hi Tarj,

I'm a bit confused - can you tell us the reason the employer gave for terminating your contract? Was it because of the amount of time off due to illness?

I'm also confused as to where the diabetes comes into it. Are you saying that as a diabetic they should have been more understanding about the time off, or are you saying they terminated the contract because of your diabetes.

If it's the second then you definitely have a case. If it's the first then thats a lot harder to make a case for. I don't see how you can make a case for discrimination when you are asking to be treated differently in the first place.

Many employers now have strict policies on sick time taken during probation period as many of them were having people start for a short while and then go on long term sick leave.

I know the company I work for has recently terminated someones employment for taking almost as many sick days as they have holidays in a year.

NiVZ
 
Your emplyer can't discriminate against you because of the diabetes. If you can prove that any illneses you have had are diabetes related (difficult with viruses), then they still can't discriminate against you.

I have had quite a lot of time off for various things, and got an informal warning. Because I had asked for help and asked to see the occupational health care people, I was looked at in a different light.

The best advice or suggestion I can give you is to go to the local community law centre or citizens advice place and see what help they are able to offer. Then if you need to take tings further, you'll know waht footing you're on.
 
the reason they gave for my dismissal was failed extended probation.BUT if i was unwell with illnesses i should not have been disiplined with extension periods.they were aware of my diabetes and i feel that should have been taken into consideration.every time i was of extended probation.if these were taken into account i feel i could still be employment.my gp has written a letter to state that my chest pains an arythmia is related to my diabetes also by my cardiolgist.i have to go through counselling since i left that job for depression and am at present on anti depressants.in all the years i ahve worked and been diabetic for over 25years i have never been treated so unfairly.
 
Tarj - Sorry to hear you've lost your job, and hope you get proper legal advice, perhaps through union if a member, to help you through your employment case process. You really need proper advice, based on your specific situation, not what we can offer on the boards. There could be other reasons why you weren't kept on beyond probation period, related to other requirements of the job, not related to diabetes, so a lot will depend on how procedures for warning etc were carried out. You probably already know this, but since the amalgamation of the Disabilty Rights Commission with other bodies, the Equality & Human Rights Commission covers many aspects, including employment and disability - see
http://www.equalityhumanrights.com/ (helpline telephone numbers for England, Scotland & Wales top right of page)

Good luck and please let us know how you get on.
 
Tarj, I hope something works out for you and you feel better. Do take advice. There have been a couple of suggestions of places to go who will be able to give you unbiased advice based on your circumstances.

Let us know how you get on.
 
Hi Tarj

I'm sorry you're being treated so badly. My (non-diabetic) friend has just gone through a similar process where we work. She's just had her contract terminated because, apparently, her learning disability makes her unemployable in her curent job (she's a pharmacy technician like me, and like me she's had the job for just over two years). I don't know the curcumstances exactly, but if my friend's experiences are anything to go by, i wouldn't wish your situation on my worst enemy.
I'm lucky as my diabetes is better understood than my friend's learning disabilty, and currently, i've got my blood sugar under pretty good control, but all the same, i'm worried about my job sercurity if my condition worsens.
It's rediculous! People can't help it if they get ill, but heaven help anybody who isn't seen to be giving 100%. It's not like we've got enough staff!
Sorry, this is a bit of a sore point for me at the moment.
Tarj, i hope you come through this and the best of wishes in finding a more understanding employer
(tip: don't try the NHS!!😡)

Rachel
 
I was put on sickness monitoring. My illnesses were similar flu and viruses although my 3rd was a football injury, and as none of them were my diabetes then I didn't get any consideration for the sickness. I did tick the disability box (but not really for diabetes, but one box covered all).


If you are in a union then it would be worth talking to them if you already haven't done.
 
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