Is this discrimination at work?

[OriBlorie]

Hi there.

I will start by please asking for kindness and patience as I've been through a lot in recent months and my mental health is bad. I'm 35, autistic and type 1. I suffer from chronic pain, gut, mental health and sensory issues and my diabetes is hard to control alongside this. I'll try to keep this as short as I can.

I started a job in March, which has been failing to even get the basic contract right, breaching things that the contract says even for non disabled people, and many people walk out on a weekly basis due to how bad it is. I am actively seeking a new job and having interviews.

This place of work has nowhere sanitary or private to inject my insulin, the toilets are so vile there have been instances of human waste on the floor intentionally. They constantly ask me to move desk which involves moving everything, even my computer, up and down stairs and sometimes to a floor where there are 50 people in a small room with 1 toilet that is often occupied or out of order, which has caused me to almost have an accident running down 4 floors to use the patient toilet. (Which has no lock, and no working light).

Changing workspace often causes immense anxiety because of my autism, and I can't cope with the sensory issues, loudness and lack of bathroom and it's painful having to carry everything and then set everything up over and over.

I've been denied informally my requests to: have somewhere to store hypo stuff, wear leggings instead of tights so I can inject without exposing my underwear, working from home, being allowed my own desk/workspace, wearing Loop earplugs to reduce noise overload, and others. I have also been told to leave the office because food isn't allowed, and go elsewhere when I was eating to treat a hypo. The manager also confiscated all the cups and nobody is allowed a drink unless you bring your own (which gets stolen), so I'm often without water in this place too.

I submitted a statutory request for reasonable adjustments to HR weeks ago, no reply but was told "probably no" by my supervisor.
Last Wednesday, I walked out in tears because I'm facing issues with my mental health and diabetes control, and I came into work and was asked to move upstairs again. I begged them to let me stay on the lower floor so I can inject privately and have less stress, they said no. I went home. I cannot inject upstairs in a room of 50 people, and I can't just get over it and do it, it makes me extremely uncomfortable and I would have to expose my underwear as I only inject in my thighs and stomach.

I sent another email requesting the adjustments, along with a fit note that details that I am off because of lack of adjustments making me unwell. I am often hitting 20 - HI with minimal food from stress and not being able to inject comfortably at work so insulin and food are being skipped from severe anxiety/loss of executive functioning. I have not had a response, nor has anyone checked on me. I don't know if or when I'll be able to work at the moment, this place has had a huge impact on my mental and physical health.

What do I even do here? I feel like this is unlawful.

 

[mashedupmatt]

Hi @OriBlorie and welcome to the forum - it definitely sounds like your employer is not acting correctly with regards to the Equality Act - see this page from Diabetes UK which says what they should be doing

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

Sorry to hear they are not behaving correctly as I can imagine it must be horrible

 

[Lucyr]

What do I even do here? I feel like this is unlawful.

I wouldn’t go injecting in toilets anyway, just inject at your desk or wherever you eat your lunch. Yes you will get over it with practice, I’ve done that myself. You can inject in loads of places, arms too not just stomach and legs. Bring dextrose tablets that you can keep in your pocket as they should always be with you not stored somewhere, or bring a liquid carb drink for hypos since drinks are allowed.

 

[OriBlorie]

I wouldn’t go injecting in toilets anyway, just inject at your desk or wherever you eat your lunch. You can inject in loads of places, arms and stomach not just legs. Bring dextrose tablets that you can keep in your pocket or a liquid carb drink for hypos since drinks are allowed.

Hi Lucy,

Thank you for your reply but I cannot inject in public, I don't feel comfortable as it is, and lifting up my dress to expose my stomach still exposes my underwear. I will not inject in my arms, I can't. I'm autistic and this isn't something I can just "push through". The sensory overload from being upstairs in a room with that many people, with a manager who shouts across the office, bad smells and lack of toilets causes me to shut down and I am so anxious I just forget to eat or inject due to a loss of executive functioning.

To my understanding my employer has to provide a sanitary private space for me to inject but they don't.

 

[AndBreathe]

Hi there.

I will start by please asking for kindness and patience as I've been through a lot in recent months and my mental health is bad. I'm 35, autistic and type 1. I suffer from chronic pain, gut, mental health and sensory issues and my diabetes is hard to control alongside this. I'll try to keep this as short as I can.

I started a job in March, which has been failing to even get the basic contract right, breaching things that the contract says even for non disabled people, and many people walk out on a weekly basis due to how bad it is. I am actively seeking a new job and having interviews.

This place of work has nowhere sanitary or private to inject my insulin, the toilets are so vile there have been instances of human waste on the floor intentionally. They constantly ask me to move desk which involves moving everything, even my computer, up and down stairs and sometimes to a floor where there are 50 people in a small room with 1 toilet that is often occupied or out of order, which has caused me to almost have an accident running down 4 floors to use the patient toilet. (Which has no lock, and no working light).

Changing workspace often causes immense anxiety because of my autism, and I can't cope with the sensory issues, loudness and lack of bathroom and it's painful having to carry everything and then set everything up over and over.

I've been denied informally my requests to: have somewhere to store hypo stuff, wear leggings instead of tights so I can inject without exposing my underwear, working from home, being allowed my own desk/workspace, wearing Loop earplugs to reduce noise overload, and others. I have also been told to leave the office because food isn't allowed, and go elsewhere when I was eating to treat a hypo. The manager also confiscated all the cups and nobody is allowed a drink unless you bring your own (which gets stolen), so I'm often without water in this place too.

I submitted a statutory request for reasonable adjustments to HR weeks ago, no reply but was told "probably no" by my supervisor.
Last Wednesday, I walked out in tears because I'm facing issues with my mental health and diabetes control, and I came into work and was asked to move upstairs again. I begged them to let me stay on the lower floor so I can inject privately and have less stress, they said no. I went home. I cannot inject upstairs in a room of 50 people, and I can't just get over it and do it, it makes me extremely uncomfortable and I would have to expose my underwear as I only inject in my thighs and stomach.

I sent another email requesting the adjustments, along with a fit note that details that I am off because of lack of adjustments making me unwell. I am often hitting 20 - HI with minimal food from stress and not being able to inject comfortably at work so insulin and food are being skipped from severe anxiety/loss of executive functioning. I have not had a response, nor has anyone checked on me. I don't know if or when I'll be able to work at the moment, this place has had a huge impact on my mental and physical health.

What do I even do here? I feel like this is unlawful.

It certainly sounds like you are having a number of challenges at work currently.

I think it could be worthwhile to call the Diabetes UK helpline. The number is at the top of the page in the link mashedupmuppet posted for you. They should be able to point you in the right direction.

Are you a member of any union at all? If you are, they may be able to help you find a way forward.

 

[Lucyr]

Thank you for your reply but I cannot inject in public, I don't feel comfortable as it is, and lifting up my dress to expose my stomach still exposes my underwear. I will not inject in my arms, I can't. I'm autistic and this isn't something I can just "push through".

Have you tried injecting in public? Have you tried injecting in your arms? Have you tried working towards both of these things gradually to open up your life? That’s what you need to do here.

Autistic people push through things all the time, way more than neurotypical people. If you put the work in you’ll get there. Start small, injecting in public with no one around etc and build it up to the workplace.

 

[OriBlorie]

It certainly sounds like you are having a number of challenges at work currently.

I think it could be worthwhile to call the Diabetes UK helpline. The number is at the top of the page in the link mashedupmuppet posted for you. They should be able to point you in the right direction.

Are you a member of any union at all? If you are, they may be able to help you find a way forward.

I'm not sadly, I'll look into the above though! Thank you!

My diabetes control has been significantly bad since working here. It's wild to me that I've sent emails to HR, and my manager along with a fit note that details I am absent due to their failure to make or even acknowledge any adjustments and they haven't even responded to that either. This is also healthcare sector which is shocking. People have literally pooped on the toilet floor here, and staff are expected to clean the office unpaid after hours on the late shift among other breaches of contract. It's insane.

 

[paultrose]

Sounds like a truely awful place to work....hope you find somewhere better soon

Is there a union?

They seem to be breaking quite a few rules and certainly not making 'reasonable adjustment'

Wonder if they are treating you badly simply so you walk out and leave to make things easier for them?

HR are a disgrace

 

[Leadinglights]

Are the other employees not up in arms about the unsanitary conditions in the toilets etc, even if you are not in a union the others may be and could take it up on Health and Safety grounds. It sounds like you work for an employer with a fair number of employees so there should be a H & S policy and risk assessments for doing things like moving stuff up and down stairs and the provision of suitable working environment.
I hope you find another job which would be less stressful and suit you better.

 

[Inka]

Is this a different workplace than the one you posted about previously here @OriBlorie ? :

O

Post in thread '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.'

Jul 22, 2020

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...

• OriBlorie

Or is it the same employer but a different department?

You have a number of things going on here, so I think if I were you I’d firstly make a list of the issues. You could even make two lists, General and Diabetes/Autism. The dirty toilets could be on the General list (because you shouldn’t be injecting in toilets anyway due to unseen aerosol germs).

Are you allowed to wear a dress or skirt to work? That’s what I did when I was in an office. I could then lift my skirt slightly under the desk to inject. Nobody noticed and I was able to rest my pen on my desk and do things carefully. Another option is a pump. I can control my pump from my phone so can bolus without anyone realising or seeing.

I see that you were having problems controlling your diabetes a few years ago. A pump might help. If you can get better control of your diabetes, you should feel better too, both physically and mentally.

 

[Ieva DUK]

Hi there,

First of all, thank you so much for sharing what you’re going through - it sounds incredibly distressing, and I’m really sorry you’re being put through this. You absolutely deserve to be treated with dignity, compassion, and the legal protections you’re entitled to - none of what you described should be happening in a safe or lawful workplace.
You’re absolutely right to feel this may be unlawful. Under the Equality Act 2010, as someone with Type 1 diabetes and autism, you could be considered disabled (each case is treated individually) in the eyes of the law, and your employer would have a legal duty to make reasonable adjustments. What you’ve described - being denied a safe and private place to inject insulin, not having access to food or drink, lack of a suitable toilet, and repeatedly denying your adjustment requests - can all potentially amount to disability discrimination and a failure to meet legal obligations.

Here are a few steps you can take right now:

1. Keep a detailed record of everything.
This should include:

• Dates, times, and a description of what happened (even short notes help).
• Who was involved or who witnessed it.
• Copies of all emails, messages, and letters sent and received.
• Any phone calls or in-person conversations you can remember — write down what was said and when. If you have a conversation in person, you can ask for a follow up email to be sent with all the 'decisions' that were made and their reasoning.

Also take photos (e.g. of the conditions, toilets, workspace) if safe and appropriate. This could be useful if you pursue a formal grievance or legal claim.

2. You’ve already submitted a statutory request for reasonable adjustments, which your employer must respond to within 3 months under UK law. That they’ve ignored it, especially alongside their informal refusals, is a serious concern. Make sure you’ve kept a dated copy of the request - it can be forwarded again if needed with a note saying you are still awaiting a formal response.

3. This may feel daunting, but it’s one way to ensure your concerns are officially recorded and gives you stronger footing if things escalate. Your workplace should have a grievance policy (ask HR for it if you don’t have it already), and you can follow that process to raise your complaint about:

• Failure to make reasonable adjustments.
• Unsafe and unsanitary working conditions.
• Discrimination on the basis of disability.
• The impact on your health and wellbeing.

4. ACAS (Advisory, Conciliation and Arbitration Service) offers free, confidential advice and can guide you on your rights and next steps. They can also assist if you eventually want to raise a claim.
Their helpline: 0300 123 1100
Website: www.acas.org.uk

5. There are organisations that specialise in helping disabled employees or people with long-term health conditions navigate issues like this. A few to consider:

• Disability Law Service (dls.org.uk)
• Scope (scope.org.uk) – especially helpful for disability and workplace advice.
• Citizens Advice – helpful for rights and support with grievances or legal action.

You’ve done the right thing by speaking up and trying to advocate for yourself, even under such stressful conditions - that takes real strength. You are entitled to feel safe and respected at work. Please don’t hesitate to ask for more help or support here - you’re absolutely not alone in this. If you want to have a chat about all of options that are available for you - please call our Helpline and they'll be able to walk you through everything and give even more advice.
Sending you lots of support, and if you need any help - please reach out!

 

[Lauren]

This is unacceptable.
I also have autism and I would refuse to inject in a way I wasn't comfortable with (and have done in the past). Having to move your computer up and down stairs and effectively being denied access to toilets isn't on, regardless of ability, although this can't be helping.
What do HR say about this? I know you've put in a reasonable adjustment request. Just wondering if they've given you any advice for the time being?

 

[Lucyr]

I would refuse to inject in a way I wasn't comfortable with

Literally no one else at work will notice or care if you don’t inject. You’re only making yourself suffer if you then eat carbs anyway. A low carb lunch would be an alternative solution then no injection is required.

 

[Lauren]

Literally no one else at work will notice or care if you don’t inject. You’re only making yourself suffer if you then eat carbs anyway. A low carb lunch would be an alternative solution then no injection is required.

I don't care so much about what other people think of me, I like to be comfortable when I'm injecting. For me this means not having lots of people around who might knock me, and the space and calm to concentrate on what I am doing.
People have different feelings and viewpoints on injecting and that's ok.

 

[Lucyr]

I don't care so much about what other people think of me, I like to be comfortable when I'm injecting. For me this means not having lots of people around who might knock me, and the space and calm to concentrate on what I am doing.
People have different feelings and viewpoints on injecting and that's ok.

I was referring to you saying you would refuse to inject. It makes no sense in a work context because none of your colleagues are asking you to inject, so you can’t refuse to them. Your colleagues simply won’t notice if you don’t inject.

 

[Lauren]

I was referring to you saying you would refuse to inject. It makes no sense in a work context because none of your colleagues are asking you to inject, so you can’t refuse to them. Your colleagues simply won’t notice if you don’t inject.

I wouldn't refuse to inject at all. I would refuse to inject in a way which made me uncomfortable. It doesn't have to make sense to you. That's just how I feel.

 

[trophywench]

I know precisely what you meant Lauren - just one of the (far too) many things that went wrong where I worked at that time.

 

[Thebearcametoo]

Lauren that all sounds awful and I’m so sorry you’re being subjected to such poor management and conditions. I hope you can find a new job soon and until then keep your fit note up to date and see if you can arrange a meeting with HR (although I doubt much would change in the office given all the issues you’ve described). If you do meet with HR you can have someone with you. Ideally it would be a union rep but until you join a union it can just be a friend or relative. Having someone with you can help with your confidence levels and mean you have someone to remind you of any points you miss. It can also mean they can take notes so you can concentrate.