Do you know your rights at work?

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Hello!

Do you know your rights when it comes to work and diabetes? When you’re allowed time off for your appointments, what adjustments your boss can make, when and where you can inject if you take insulin? And has anyone used the Diabetes UK Advocacy Pack to help answer some of these questions?

There have been discussions in this board with lots of you asking and answering these very same questions. We know that there are many people out there who need this kind of support and information and we know some people prefer to hear advice and tips from people like them. Would you be willing to share your experiences, tips and opinions on what we already say and what we’re missing?

We’d love to talk to you – reply to this post and we’ll be in touch.
 
I do know, because not only did I have diabetes at work, as the union rep I knew the employers obligations completely, and reminded them endlessly. Mind you, the Civil Service is pretty on the ball. It’s just local managers who try to play fast and loose to harass employees.

The main things to remember are:

People with diabetes are considered to be protected under equality legislation, but case law has decreed that T2 controlled by diet alone isn’t. That includes people who have been on medication, but have “reversed” by a change in diet and lifestyle. That means that hospital or nurse appointments are to be allowed, without loss in pay (this doesn’t apply to zero hours contracts at the moment).

As far as reasonable allowances go, the toilet is not an appropriate place to either test or inject. If colleagues faint at the sight of a tiny needle, then somewhere private must be provided. The stationery cupboard isn’t appropriate either. If they just feel awkward or uncomfortable, then just test or inject where you are. You can’t be forced to do it elsewhere just because people don’t like it. That’s their problem, if you are discreet.

If you keep taking days off because you don’t feel 100%, then you won’t be protected by the Equality Act, unless you are newly diagnosed or new to insulin. You can still lose your job on inefficiency grounds. Such decisions can be tested in Employment Tribunals though. If the employer is judged to have acted reasonably, then you’re out. It’s that word “reasonable” that gets tested.

As far as the jobs you can do - fire, police, army, ambulance service and operating heavy or dangerous machinery, all have their own employment conditions that are exceptionally difficult to challenge- you’re on a loser if you try. If the employers think their decision is reasonable, a court won’t overturn that.

As an aside, I got early retirement with a pension dynamised up to normal retirement age. Nothing to do with diabetes, mind, but Type 1 diabetes protected me like a halo from the dreaded inefficiency. It’s easy to frighten the Civil Service with the Equality Act. 😎
 
I had a friend who worked a lot in the development of the early disability discrimination legislation -- and his favourite quote was "No one is required to hire a one-armed man to hang wallpaper"

The equality act has not the potency it once had, but I discovered recently, quite by accident, an innocent comment I made regarding the equalities commission and systemic problems... that was a Wednesday. A man showed up at my front door the next afternoon and there were 8 workmen at my front door the following Monday.
 
My previous employer (TfL) were great. My manager was flexible when it came to appointments that I had to go to. Allowed me to either go in late or leave early and even work from home if necessary. No one batted an eye out of i tested my bg level at my desk. They always ensured meetings were arranged at times that would allow me to eat if needed. They were very supportive from when I was diagnosed to the day I left.
 
I know my rights, always have. Issue is employers don't always understand the rights, and their place in this.

I had an issue at my employers where I was threatened with disciplinary action if I was off for a 4th time in a year. I challenged it and they soon realised their error. Which is good, but I did suffer a great deal of stress and upset over the whole matter.

The fact that my manager and the HR team didn't have a clue in the first place to make the warning I still find alarming. Also at the time I was told I was quite unwell with high levels, so what I needed was support.
 
Stitch147 said:
My previous employer (TfL) were great. My manager was flexible when it came to appointments that I had to go to. Allowed me to either go in late or leave early and even work from home if necessary. No one batted an eye out of i tested my bg level at my desk. They always ensured meetings were arranged at times that would allow me to eat if needed. They were very supportive from when I was diagnosed to the day I left.
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A fellow Ex TfL too. Yes, there are/ were supportive. At that time there I was coping with Depression. I had already left before I was diagnosed with Diabetes.
 
PhoebeC said:
I know my rights, always have. Issue is employers don't always understand the rights, and their place in this.

I had an issue at my employers where I was threatened with disciplinary action if I was off for a 4th time in a year. I challenged it and they soon realised their error. Which is good, but I did suffer a great deal of stress and upset over the whole matter.

The fact that my manager and the HR team didn't have a clue in the first place to make the warning I still find alarming. Also at the time I was told I was quite unwell with high levels, so what I needed was support.
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Sorry to hear that Phoebe. I've heard a few similar stories, unfortunately. I think we can do a lot more to raise awareness of diabetes and educate employers. I'm updating our information about work at the moment, including this guide for employers. https://www.diabetes.org.uk/resourc...%20the%20workplace%20support%20Feb%202017.pdf

It's very wordy and I think is missing some key information - would you have time to look over it and give me your perspective? Whether it feels like it contains all the right info, anything missing, the tone. Anything really. No problem if you don't have time!
 
SadhbhFiadh said:
I had a friend who worked a lot in the development of the early disability discrimination legislation -- and his favourite quote was "No one is required to hire a one-armed man to hang wallpaper"

The equality act has not the potency it once had, but I discovered recently, quite by accident, an innocent comment I made regarding the equalities commission and systemic problems... that was a Wednesday. A man showed up at my front door the next afternoon and there were 8 workmen at my front door the following Monday.
Click to expand...
Thanks for sharing this Sadhbh. Do you have any experiences in your own workplace about diabetes that you'd like to share? For example, some people have said they've found it hard or unnecessary to tell their colleagues that they have diabetes. Anything you think we're not clear about in our website information here? https://www.diabetes.org.uk/guide-to-diabetes/life-with-diabetes/employment

I'd love to have your input, if you have the time 🙂
 
rustee2011 said:
A fellow Ex TfL too. Yes, there are/ were supportive. At that time there I was coping with Depression. I had already left before I was diagnosed with Diabetes.
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Good to hear such great things about employment at TfL. I'm sorry to hear that you were coping with depression Rustee. I'm also working on some information to hopefully help support people with diabetes who have depression. It will include suggestions of what might help someone cope, where to go for more advice and information, and I'd like to share stories of people who are or have been going through a similar thing. Would you be interested in talking to me a bit more about this? I completely understand if you don't want to or don't have the time. If you do, pop a reply back to me and I can message you privately. Thanks, Emma
 
Well, aren’t you self employed, Hobie? I’ve been unemployed, and it is distinctly unpleasant, we are both lucky to have essential skills. Nothing to crow about.
 
Emma@DUK said:
Sorry to hear that Phoebe. I've heard a few similar stories, unfortunately. I think we can do a lot more to raise awareness of diabetes and educate employers. I'm updating our information about work at the moment, including this guide for employers. https://www.diabetes.org.uk/resources-s3/migration/pdf/Diabetes%20in%20the%20workplace%20support%20Feb%202017.pdf

It's very wordy and I think is missing some key information - would you have time to look over it and give me your perspective? Whether it feels like it contains all the right info, anything missing, the tone. Anything really. No problem if you don't have time!
Click to expand...

Emma I will have a look, iI agree it is very wordy and I don't like the number of repeated links all over the document. I will review and let you know.

With regards to my case, I had already told my employer all they needed to know about my diabetes, it was there lack of evidence keeping on their side and lack of worthwhile processes for anyone who requires extra medical or mental health support. I highly doubt the quality of the record they have for me now, I might even submit a subject access request, so I can see a copy of this.

They were great throughout my pregnancy, I was quite unwell for the whole time and gave birth 6 weeks early and they were really flexible and understanding. Which is why I couldn't understand this situation

Thanks Emma.
 
PhoebeC said:
Emma I will have a look, iI agree it is very wordy and I don't like the number of repeated links all over the document. I will review and let you know.

With regards to my case, I had already told my employer all they needed to know about my diabetes, it was there lack of evidence keeping on their side and lack of worthwhile processes for anyone who requires extra medical or mental health support. I highly doubt the quality of the record they have for me now, I might even submit a subject access request, so I can see a copy of this.

They were great throughout my pregnancy, I was quite unwell for the whole time and gave birth 6 weeks early and they were really flexible and understanding. Which is why I couldn't understand this situation

Thanks Emma.
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Thanks so much Phoebe. Have you had time to look at the PDF yet? What did you think? I do think we need to keep the pregnancy info in and maybe expand it, it must be a really stressful time if they're not as good as yours sounds.
 
Gwen Diabetes UK said:
Hello!

Do you know your rights when it comes to work and diabetes? When you’re allowed time off for your appointments, what adjustments your boss can make, when and where you can inject if you take insulin? And has anyone used the Diabetes UK Advocacy Pack to help answer some of these questions?

There have been discussions in this board with lots of you asking and answering these very same questions. We know that there are many people out there who need this kind of support and information and we know some people prefer to hear advice and tips from people like them. Would you be willing to share your experiences, tips and opinions on what we already say and what we’re missing?

We’d love to talk to you – reply to this post and we’ll be in touch.
Click to expand...
Hi , I am a new member and I have had Diabetes Type 1 since the age of 10 and I am now 48. I have never had a day off work with Diabetes until August 2018 when I took 1 day off after eye laser treatment for Retinopathy. 3 months later as a side effect of the laser I suffered a haemorrhage in my right eye. I was signed off work for 3 weeks. I then had laser to stop the haemorrhage and went back to work a week later. Since my return to work my Employer set up an Occ Health assessment, who prepared a report stating that my Diabetic Retinopathy/Diabetes was likely to be considered a disability. I then attended a meeting with my manager regarding my attendance at work. I told them that was hopefully a one off and was related to my Diabetes and that I was doing everything in my power to stop it happening again. I said that they should support this and I quoted the Occ Health Report. My Employer then purchased VDU magnifying software to assist my affected eye at work. A few days ago I was given a written warning stating that I should not be away from work for my that 4.5 days over the next 3 months. I take this written warning as a personal insult and I now appealing the written warning on the grounds that this absence should be supported and that it is disability related. Any help or advice would be appreciated. Thanks
 
joyboy said:
Hi , A few days ago I was given a written warning stating that I should not be away from work for my that 4.5 days over the next 3 months. I take this written warning as a personal insult and I now appealing the written warning on the grounds that this absence should be supported and that it is disability related. Any help or advice would be appreciated. Thanks
Click to expand...

Hello @joyboy , welcome to the forum. The written warning seems so very wrong to me too. I hope you are successful in your appeal. As you are covered under the disabilities act they are supposed to make reasonable adjustments for you. Others here are far more knowledgeable on this who I am sure will be along later today. I suggest you contact our helpline
03451232399
 
joyboy said:
Hi , I am a new member and I have had Diabetes Type 1 since the age of 10 and I am now 48. I have never had a day off work with Diabetes until August 2018 when I took 1 day off after eye laser treatment for Retinopathy. 3 months later as a side effect of the laser I suffered a haemorrhage in my right eye. I was signed off work for 3 weeks. I then had laser to stop the haemorrhage and went back to work a week later. Since my return to work my Employer set up an Occ Health assessment, who prepared a report stating that my Diabetic Retinopathy/Diabetes was likely to be considered a disability. I then attended a meeting with my manager regarding my attendance at work. I told them that was hopefully a one off and was related to my Diabetes and that I was doing everything in my power to stop it happening again. I said that they should support this and I quoted the Occ Health Report. My Employer then purchased VDU magnifying software to assist my affected eye at work. A few days ago I was given a written warning stating that I should not be away from work for my that 4.5 days over the next 3 months. I take this written warning as a personal insult and I now appealing the written warning on the grounds that this absence should be supported and that it is disability related. Any help or advice would be appreciated. Thanks
Click to expand...
Hi Joyboy, welcome to the forum. You might find it helpful to talk to our Advocacy Team about this. They can offer you free advice for your situation, and also talk to you about other organisations that can offer you support. You can arrange a call with them by calling 0345 123 2399 Mon-Fri 9am-6pm or by emailing helpline@diabetes.org.uk.

I have also attached for you a copy of our Advocacy Pack, which details your rights at work. You can also talk to the Advocacy Team about this pack if you have any questions.

If there's anything else I can do to help please do let me know.
 

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joyboy said:
Hi , I am a new member and I have had Diabetes Type 1 since the age of 10 and I am now 48. I have never had a day off work with Diabetes until August 2018 when I took 1 day off after eye laser treatment for Retinopathy. 3 months later as a side effect of the laser I suffered a haemorrhage in my right eye. I was signed off work for 3 weeks. I then had laser to stop the haemorrhage and went back to work a week later. Since my return to work my Employer set up an Occ Health assessment, who prepared a report stating that my Diabetic Retinopathy/Diabetes was likely to be considered a disability. I then attended a meeting with my manager regarding my attendance at work. I told them that was hopefully a one off and was related to my Diabetes and that I was doing everything in my power to stop it happening again. I said that they should support this and I quoted the Occ Health Report. My Employer then purchased VDU magnifying software to assist my affected eye at work. A few days ago I was given a written warning stating that I should not be away from work for my that 4.5 days over the next 3 months. I take this written warning as a personal insult and I now appealing the written warning on the grounds that this absence should be supported and that it is disability related. Any help or advice would be appreciated. Thanks
Click to expand...
Gwen Diabetes UK said:
Hi Joyboy, welcome to the forum. You might find it helpful to talk to our Advocacy Team about this. They can offer you free advice for your situation, and also talk to you about other organisations that can offer you support. You can arrange a call with them by calling 0345 123 2399 Mon-Fri 9am-6pm or by emailing helpline@diabetes.org.uk.

I have also attached for you a copy of our Advocacy Pack, which details your rights at work. You can also talk to the Advocacy Team about this pack if you have any questions.

If there's anything else I can do to help please do let me know.
Click to expand...
 
Ljc said:
Hello @joyboy , welcome to the forum. The written warning seems so very wrong to me too. I hope you are successful in your appeal. As you are covered under the disabilities act they are supposed to make reasonable adjustments for you. Others here are far more knowledgeable on this who I am sure will be along later today. I suggest you contact our helpline
03451232399
Click to expand...
Thanks Lin will do. Best wishes.
 
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