I need help with my employer trying to force me back to the office when I have type 1 diabetes and can perform 95% of my role from home.

[OriBlorie]

Hi all.. first post here as I am really stressed and upset. I've been poorly with headaches the last 2 weeks (likely just eye strain) and now my employer is putting pressure on me to return to the office due to 1 technical problem I am having WFH.

Since March we have all been WFH and our CEO has said we are all WFH till September or the end of the year unless people have a bad home life and NEED to go to the office, they can apply to do so. Due to no signal in my house I am unable to perform 1 aspect of my role which is incoming calls. I can do outgoing via wifi and admin tasks just fine, and for 3-4 months it has not been an issue. They've just let me do what I CAN do, which is 95% of my role.

I've now got a new senior who is badgering me about it, saying basically if I can't ''fix my signal'' I will be forced back to the office. I mentioned that I am not even going SHOPPING or seeing loved ones, let alone going on public transport. My diabetes isn't the best controlled and I have extreme anxiety about covid, so I've been so careful and barely leaving the house to protect myself. She doesn't seem to care or understand how serious diabetes is... and she said it's not ''fair'' on other advisors if I can't do that task. I understand where she is coming from, but from what I've seen, my employer is expected to make reasonable adjustments such as even offering alternative roles if I can't do mine from home. I am actually starting to feel discriminated against, because if I am forced back to the office that means I am being put in a situation where I am disadvantaged and more at risk of coronavirus because of my condition.

I also want to note that 2 ladies posted a selfie in the office that went round in an email, and they were joking about NOT social distancing.

Where do I stand with this? Do I have any rights?

 

[grovesy]

You need to ring the helpline the number is at the top of the page.

 

[PhoebeC]

Yes, under the equality act they should make a reasonable adjustment.
Also all workers have the right to request flexible working and working from home is considered part of this. Www.gov.uk/flexible-working
They can only refuse a flexible working request if there is a legitimate business reason why it’s impossibleif it had worked for months and the only change is the person you report into then it sounds like it is their opinion rather than anything to do with the business.
Have a look at your employers policy on flexible working.
ACAS have some good information on their website too.
good luck

 

[OriBlorie]

Thanks guys. Today has been horrible. They dumped me on that task I can't do and I've been sat for 2 hours watching calls fail to come through. I've quoted the equality act to 3 seniors now and they've said if I can't fix the issue then I will be asked to work in the office tomorrow.

HR has been completely silent on this. My mental health has been in the toilet today and I just want to cry that they seem to only care about forcing me out of the house into an unsafe environment rather than taking it seriously how my health is being put at risk. I have been fine the last 3-4 months... I reckon someone has had a moan about me. I hate to be a debbie downer but it annoys me when they say it's about ''fairness'' when it's not fair that I was born with type 1 diabetes, and why should I be pushed into putting myself at risk? I am really surprised they haven't offered me an alt role. They seem to just be going from A to Z, rather than exploring B, C, D etc.

 

[Deleted member 27171]

Hi @OriBlorie
I’m so sorry to see how much stress you under.
HR don’t have the option to be silent here, it is their responsibility to risk assess everyone’s work environment so should be doing so for you. The Equality Act exists to ensure ‘fairness’ which includes not placing anyone with a condition covered by it (Type 1 is) at an unfair disadvantage, which includes the requirement to make ’reasonable adjustments’ to accommodate you - it would be interesting to know why what was an acceptable situation for them previously now isn’t because if it’s about ‘fairness’ then that applies to you too.
If you don’t have any other contributing factors than diabetes and aren’t in a shielding group then provided you take reasonable precautions your return to work should be safe BUT that is only the case if the office is adequately adhering to social distancing and hygiene standards which is sounds they are not. However, if everyone else has the option to remain at home until the end of the year, you should have that option also.
Are you part of a union? If so a chat with your rep would be advisable. If not, or in addition, do also call the ACAS helpline who can give you advice about where you stand.
Hope you get this sorted soon.

 

[OriBlorie]

Hi @OriBlorie
- it would be interesting to know why what was an acceptable situation for them previously now isn’t because if it’s about ‘fairness’ then that applies to you too.

I honestly don't understand that either. For 3-4 months they have put me on different tasks and it has been fine, no questions asked and management even defended me when someone in my team was asking in the chat why I am never on that particular task and it came across as very aggressive. They even said to me that they would ''never force me back to the office if I didn't feel safe''.

My office won't be safe, it is part of a huge office estate and requires 2 lots of public transport to travel to. I also live next to a park n ride which has been converted into a covid testing station so I have only just yesterday started going out for walks. My immune system is horrible - a cold puts me bedbound for a week and I am just not prepared to risk my health over this. They've accommodated me for 3-4 months, so why is it a problem now? For a company that constantly boasts about ''wellness'' and mental health, they are handling this really badly when I am simply asking for basic safety in my work environment. None of the seniors know anything about diabetes. They are the sorts of people that spout ''my uncle cured his diabetes by giving up sugar, have you tried going to the gym?''

 

[Pumper_Sue]

I've now got a new senior who is badgering me about it, saying basically if I can't ''fix my signal'' I will be forced back to the office. I mentioned that I am not even going SHOPPING or seeing loved ones, let alone going on public transport. My diabetes isn't the best controlled and I have extreme anxiety about covid, so I've been so careful and barely leaving the house to protect myself. She doesn't seem to care or understand how serious diabetes is... and she said it's not ''fair'' on other advisors if I can't do that task. I understand where she is coming from, but from what I've seen, my employer is expected to make reasonable adjustments such as even offering alternative roles if I can't do mine from home.

Hello @OriBlorie and welcome to the forum.
Having diabetes does not put you at any greater risk than anyone else.

You state the reasonable adjustment! Could I put it on another footing and ask have you made any reasonable adjustment as in have you tried to manage your diabetes so it's better controlled? Diabetes should not be ruling your life, which from what you say it is

 

[PhoebeC]

Honesty give acas a call.
Also I contacted the Equality Commission when I was having issues with my employer years ago. And they were so helpful.
My employer wanted to displine me for 3 separate illness less than 4 days in 12 months.
Good luck

 

[DaveB]

Hi. I'm afraid I tend to agree with @Pumper_Sue. It's important that all of us don't use our diabetes, more than really needed, to put ourselves into a different position from other staff. Are there reasons why your T1 isn't sensibly well-controlled? You can test in the office and inject as needed etc. There is a debate about diabetes increasing Covid risk but I suspect (my opinion only) that the risk is more for those who are overweight and T2. The main thing is that the workplace has been made as resilient as possible and meets Covid protection needs.

 

[brisr949]

I also agree with dave and sue but you mentioned your immune system is really poor, do you have another medical problem that causes this, i ask as if you did would you be in the shielding group?
Adam

 

[AndBreathe]

Hi all.. first post here as I am really stressed and upset. I've been poorly with headaches the last 2 weeks (likely just eye strain) and now my employer is putting pressure on me to return to the office due to 1 technical problem I am having WFH.

Since March we have all been WFH and our CEO has said we are all WFH till September or the end of the year unless people have a bad home life and NEED to go to the office, they can apply to do so. Due to no signal in my house I am unable to perform 1 aspect of my role which is incoming calls. I can do outgoing via wifi and admin tasks just fine, and for 3-4 months it has not been an issue. They've just let me do what I CAN do, which is 95% of my role.

I've now got a new senior who is badgering me about it, saying basically if I can't ''fix my signal'' I will be forced back to the office. I mentioned that I am not even going SHOPPING or seeing loved ones, let alone going on public transport. My diabetes isn't the best controlled and I have extreme anxiety about covid, so I've been so careful and barely leaving the house to protect myself. She doesn't seem to care or understand how serious diabetes is... and she said it's not ''fair'' on other advisors if I can't do that task. I understand where she is coming from, but from what I've seen, my employer is expected to make reasonable adjustments such as even offering alternative roles if I can't do mine from home. I am actually starting to feel discriminated against, because if I am forced back to the office that means I am being put in a situation where I am disadvantaged and more at risk of coronavirus because of my condition.

I also want to note that 2 ladies posted a selfie in the office that went round in an email, and they were joking about NOT social distancing.

Where do I stand with this? Do I have any rights?

Ori - Which mobile provider are you with? These days most have a Wi-Fi Calling feature, which effectively boosts your signal via Wi-Fi.

This house is in a real cellular blind spot, but my employer used to pay for a specialist piece of kit to boos my signal, prior to WiFi calling.

Do your calls have to be recorded? If now, then would your employer fund a separate mobile for you, for a provider who either gets a signal to your house, or does WIFi calling?

I pay £5 a month to BT for my mobile. I only have a very modest data allowance, but I have unlimited calls and messages. It does have a 12 month contract, but many others do 30 day agreements.

 

[rebrascora]

Hi and welcome from me too.

I think there are a lot of people who are feeling really vulnerable after being cocooned at home for so long and are now afraid to leave the house.
I think it would be helpful for you to start making small excursions back out into the world armed with a mask and perhaps gloves. Maybe just a walk round the block the first time or two and then a visit to your corner shop to start off with, if you haven't been in an enclosed public space for a while. Even if you just go in walk round and back out again without buying anything... just to get used to the experience, see the layout of the shop with screens and distancing markers and rules about numbers of customers allowed in at any one time.... My village shop only allows 2 customers in at once, has a screen at the till and markings on the floor and contactless payment, so it feel very safe.

This virus is going to be with us for a long time so it is important to start learning how this new way of life is going to work out for each of us and how we can adapt to it. Mandatory wearing of masks in shops should hopefully help you feel safer but don't think you suddenly have to get on a bus and go into work tomorrow. Break it down into small steps of re-entering the community and start the process now.... it is unhealthy to remain cocooned at home for the foreseeable future.
There are risks in everything in life, like crossing the road, but we become desensitized to them the more often we cross the road successfully, in that we don't focus on the dangers of being hit by a car when we cross the road every day but we do make sure to check the road is clear before we step off the kerb, automatically.... Learning the precautions you need to take to reduce the risk of Covid 19 is just the same and the more you go out and get used to managing that risk, the less you will fear it.
Improving the management of your diabetes is an important factor in all this as well as for your general long term health and it is something that you very much have control over and almost certainly something that this forum can help you with... so make that one of the steps you give priority to and perhaps start a thread about that elsewhere.

Discuss your concerns with your employer and see what steps they have taken or can take to mitigate them.... tell them about the Fb photo of colleagues and explain that working with people who are flouting the social distancing rules is a worry. I think there will need to be compromise on both sides, so you need to show that you can be flexible and work with them in resolving the issue. I am sure that short term they could accept the problem of you being unable to accept incoming calls but longer term that is clearly becoming a problem. It may only be a small percentage of the job but what if it is the most difficult part then you could understand others starting to complain about having to take up your slack and it is unreasonable to expect them to do so longer term.

The thing that I don't understand is why it is your responsibility to sort out the technical issues with incoming calls at home. Surely that should be your employer's responsibility?

 

[freesia]

I went back to work in June, 2 days a week initially then full time. I work in a school with little ones and as much as i can, social distance. The head said it was up to me about going back and how safe i felt. I spoke to her with a solution for a reasonable adjustment rather than expect them to know what i needed. Is this something you could do with your boss? If YOU think about how a reasonable adjustment could be made and out it to them, this would show your willingness to return and offer compromises. @rebrascora is right, you need to start getting back out there, the longer you leave it the harder it will be. Good luck with your employer

 

[bakebeans]

It’s a horrible situation to be in but I honestly thinking worrying about it all is doing so much harm to people. I work in retail and was lucky enough to be furloughed, I’ve been back about 6 weeks now and it’s been great it’s done so much for my mental health. Next week we are going back to being face to face with customers and I’m not over the moon about it but what can I do I just have to trust that I’m sensible enough and confident enough to tell people to step back and keep myself and my family safe. Unfortunately this is the new normal now and we just have to try and get on with it

 

[OriBlorie]

I stayed up till 2am and fixed my phone, so it's irrelevant now.

Incoming calls are not the most difficult, I would say project work is or an outbound task where we call people who are unhappy. I have to deal with just as much flack as everybody else.

ACAS told me I am 100% in the right here and that I need to raise a grievance for unfair treatment, but I can't be bothered with the drama now to be honest.

 

[everydayupsanddowns]

ACAS told me I am 100% in the right here and that I need to raise a grievance for unfair treatment,

Good to know that ACAS agree with your assessment of the situation, and that you’ve been able to fix your phone.

Have you decided what you are going to do?

This page links to guidance for different parts of the UK as to what your employer should be putting in place to support your safe return to work

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

 

[PhoebeC]

I would definitely make the effort to raise it, the way I see it is they will keep getting away with these things if they are not raised.
Raise it and you might improve someone else’s situation next time.

 

[Midnightcatpatrol]

Having diabetes does not put you at any greater risk than anyone else.

We letting this misinformation go now?

1) You are not at increased risk of catching it.
2) We do not know you are more likely to be admitted to hospital
3) If you are admitted you are at increased risk of mortality. Poor glycaemic control and high BMI, as well as coexistent cardiovascular and renal disease. This is from UK data published in two papers in the Lancet.
4) There is also evidence that of you admitted to hospital you are at increased risk of mortality if you have very well glycaemic control (Hba1c <42 I recall) and are concurrently lean.

Still keeping oneself entirely isolated isn't going to do any good. You can go out and about without being unsafe. Keeping glycaemic control good is just sensible.

 

[Robin]

We letting this misinformation go now?

1) You are not at increased risk of catching it.
2) We do not know you are more likely to be admitted to hospital
3) If you are admitted you are at increased risk of mortality. Poor glycaemic control and high BMI, as well as coexistent cardiovascular and renal disease. This is from UK data published in two papers in the Lancet.
4) There is also evidence that of you admitted to hospital you are at increased risk of mortality if you have very well glycaemic control (Hba1c <42 I recall) and are concurrently lean.

Still keeping oneself entirely isolated isn't going to do any good. You can go out and about without being unsafe. Keeping glycaemic control good is just sensible.

The statement about not being higher risk was addressed directly to the OP, who is 30 yrs old. I believe the two Lancet studies concluded that below 50 yrs old, there was not enough extra risk to be statistically significant. The risk went up with increasing age.

 

[Madeline]

I’m sure I’ve read elsewhere that it’s Type 2 that’s the increased risk, and they’re not sure if it’s because of the increased risk of obesity and lower likelihood of good control that’s the main factor in that.