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Employment rights as a Diabetic

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stephenrfsmith

stephenrfsmith

New Member
Relationship to Diabetes
Type 2
Hi everyone.

I have a problem with my current employer and I suspect I am being descriminated against under the Equality Act 2010. Specifically because I am classed as Disabled, I think my rights as a Disabled person may have been/are being breached. I will be bringing a case against my employer and I'm not sure if I would have better success under my rights as a Disabled person or not ? Firstly though I have to attend an interview with my employer and they are dictating under their Policy who I can take with me. Is that against any of my rights ? I feel that the first Interview is very important and I need someone who knows my rights and can advise me on what to say and what questions to ask my employer. I hope I'm making sense. Also where can I get the right advice from, an organisation, group or Solicitor specialising in Employment or Disabilty Laws/rights ?

Thanks everyone, a really stressed Steve :confused:
 
Hi Steve and welcome to the forum.

If I were you I would be looking to find some professional help. The options I would be thinking about would be from a Union, Citizens Advice or a solicitor specialising in the area. They are the only sorts of people who can give you good advice on exactly where you stand. If you are not in a Union then the CAB might be the best place to start. If they feel they cannot help, then they should have a list of local solicitors who specialise in employment law.

In the meantime please use us as a means of relieving the stress, have a good rant if you want to. You will get empathy and sympathy from us but none of us experts (as far as I know) in employment law so do not expect anything authoritative in answer to your questions.
 
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Contact your union @stephenrfsmith There are also pages online that inform you about your rights and how to bring a case. Many solicitors offer 30 mins free advice. Find one that specialises in employment matters and see if you can access free advice.

The Diabetes U.K. helpline might be able to offer pointers too.
 
Thank you very much for your advice. I wasn't sure if I was allowed to put my question on the forum but the complete injustice of my situation, and already knowing for fact that my empoyer has breached my rights, and someone I care for's rights is making me extrememly anxious. I'm just not sure I can go into the meeting on my own with my current mental health.
 
stephenrfsmith said:
Thank you very much for your advice. I wasn't sure if I was allowed to put my question on the forum but the complete injustice of my situation, and already knowing for fact that my empoyer has breached my rights, and someone I care for's rights is making me extrememly anxious. I'm just not sure I can go into the meeting on my own with my current mental health.
Click to expand...
Diabetes UK have a helpline but it is not opening a weekend.
 
There is a misunderstanding of employment law here. Diabetes of itself is not considered a disability automatically.

In Type 1 there is an onus on the employer to provide time and a safe environment for injections, or testing. If an employer fails to take account of the needs, and that has an effect on employment, then that would amount to discrimination and would be illegal. Type 1 is always considered a disability in employment terms. The same applies to T2s who are on insulin.

Type 2 is very different. You would have to show that elements of your treatment or condition prevent you from working normally, particularly if those elements just relate to diet, or even taking tablets.

In either case you have to prove that discrimination has taken place to the degree it affects your health, and that this has affected your employment or pay.

Aside from all that, if your employer is simply saying you can’t do something because you have diabetes, without reason, then that is just plain discrimination.

It all rather depends on what has occurred that makes you consider discrimination has occurred. I’ve seen people lose their jobs on inefficiency grounds for taking frequent sick leave, for example, whatever the cause, and this has been upheld in law. Employers aren’t there to provide sinecures, nor is it expected in employment law. And you have no recourse in employment law if any absences are due to caring for someone else.

At this meeting you are entitled to take your union rep with you. If you aren’t in a Union, anyone who knows your work will do.

I was a Union rep for several years. You seem very confident that your rights have been breached. I would be interested to know which rights those are. As I intimated above, breaching any rights of a person for whom you care is irrelevant.
 
Do call the DUK Helpline on Monday @stephenrfsmith (9-6 Mon-Fri) the number is at the top of the forum pages too. Diabetes UK have an advocacy service that you can access - They will be able to talk you through your options. Contacting Citizens Advice is a good call too.
 
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