Shiftwork

[Morlador]

Hi all, new on here, more about myself to follow but for now i would like to ask a question.
I have had a number of periods of sickness from work this past 12 months due to my diabetes. I work a three shift system which has lead to my diabetes being badly controlled. HR has made the decision to move me to a different department and put me on a day shift temporarily so that i can better control my illness. (Minimum of 3 months). This may be a good idea but unfortunately (after 30 years of shift) this will put me out of pocket by about £500 a month and place me in a bad financial situation, leading to stress which in actually making my control worse. (So much for Duty of care in the workplace eh?).
Anyway! I was chatting to a work colleague this morning whos wife just happens to work in HR for a different company, he was telling her what work was doing to me and she immediately replied, "They cant do that! They can move him to wherever they want, they can put him on any shift they want but under the Disabilities act 2010, because the move is not a business need, and because it is diabetes related, they cannot remove his shift pay even if put on days as this would be illegal as he is being discriminated against because of his disability!"
Does anybody know if this correct, and if so where can i get legal advise?
Thanks for listening people. Would be good to know your thoughts and advise about this. In the mean time, take care all, catch you again later.

 

[everydayupsanddowns]

Hello @Morlador

Welcome to the forum

Sorry to hear that your diabetes has been making it difficult for you to work your usual shift pattern. Perhaps you can tell us more about how that has happened later

I would suggest you call the DUK Careline (0345 123 2399 helpline@diabetes.org.uk) or get in contact with the Citizens Advice Bureau who should be able to support you and let you know how the equalities act (or whatever it’s called this week) applies to your situation

 

[Lucy Honeychurch]

Hi, I work 11 hour night shifts.
Do you test your blood regularly throughout your shifts? Are you on insulin?
I'm T1 and test my blood very regularly through the night. I also carb count and my meter is set to reflect my insulin requirements between midnight and 6am (when I'm less insulin resistant).
What is your line of work?

 

[Morlador]

Hi, I work 11 hour night shifts.
Do you test your blood regularly throughout your shifts? Are you on insulin?
I'm T1 and test my blood very regularly through the night. I also carb count and my meter is set to reflect my insulin requirements between midnight and 6am (when I'm less insulin resistant).
What is your line of work?

Hi Lucy and thankyou for your reply. I work as a CNC Programmer/setter/operator, making both existing and prototype parts for the aerospace industry. I have worked there for 30 years on a 3 shift rota, (early, late and night shifts), and in all that time my diabetes has been controlled with diet and tablets. But recently, (probably due to age), the shift work has finally caught up with me and sent my control haywire.
My diabetic nurse has introduced me to insulin in an attempt to gain better control, and i am currently on 2 types, Abasaglar which is a background insulin that i take once at the same time daily, and the other is NovoRapid which i take just before mealtimes. This seems to be working, but we are still at the experimental stage as to deciding what dose to take, so bloods are up and down a bit at the moment, but i do check my level 8 times daily and adjust the doses accordingly. I have an AgaMatrix Jazz meter which i can probably program to reflect my insulin, but guess i need to sit down at some point and read the instruction book.

 

[Diabetes UK]

Hi @Morlador and welcome to the forum 🙂
Yes, there are certain considerations that your employer needs to consider in this situation. Looking at the definition of a disability in the Equality Act, diabetes usually does fit the definition and so the Equality Act applies. This essentially means that you cannot be put at a substantial disadvantage to other employees, based on a disability. Your employer must make 'reasonable adjustments' to remove a disadvantage - so the adjustment will be dependent on your needs, but also the limitations of the company, and what they are able to do (based on their size, financial situation etc).
Any adjustments made to help you in managing your health condition should not put you at a disadvantage. If they do, you have the right to request another adjustment.

You might find it helpful to read the Diabetes UK Advocacy Pack on Employment (see page 4-5): https://www.diabetes.org.uk/how_we_...employment-and-diabetes---your-rights-at-work
Adjusting shift pattern is quite a common requirement for someone living with diabetes, so there is a mention of this in the pack. You can also call the Diabetes UK Helpline (0345 123 2399, Mon-Fri 9am-6pm) for more guidance, or there are a number of specialist agencies in the back of the advocacy pack who can offer more specialized advice.

 

[Morlador]

In response to my original post. I have had a chat with an online 'Employment law' solicitor, and this is his conclusion. I am now ready to take the company i work for to task over this issue. Thank you all for the advice.

 

[Lucy Honeychurch]

Good luck 🙂

 

[everydayupsanddowns]

View attachment 8374 In response to my original post. I have had a chat with an online 'Employment law' solicitor, and this is his conclusion. I am now ready to take the company i work for to task over this issue. Thank you all for the advice.

Hope your appeal goes well @Morlador

 

[Diabetes UK]

Glad to see you got such a helpful response from the solicitor. Good luck, and if you need any more information, please feel free to get in touch 🙂

 

[PhoebeC]

Good luck. I had issue with my employer and my time off sick. They were talking about disciplinary action. For three counts. One of these I had sickness bug, I attempted to come to work, and had to run back home to sit on the loo!
When I had issues I went back to them and challenged this with them. As well and DUK I contacted the EASS at http://www.equalityadvisoryservice.com/

They were helpful for me, and HR now understand the issue. I haven't got a golden ticket with time off but they will look into each case on case by case basis, and if a genuine illness it wont be considered applicable for disciplinary action.

Keep us updated.

 

[Morlador]

Glad to see you got such a helpful response from the solicitor. Good luck, and if you need any more information, please feel free to get in touch 🙂

My solicitor is confident that this is a clear case of discrimination due to my condition, my union has been contacted and this will now be taken further and may go to court, but the company i work for is not keen in taking things to court and may settle for an out of court offer, as they are a multi billion dollar company, this could be to my advantage. i look forward to an early retirement with a big payment as so many have done before me.

 

[Morlador]

Well people. the stage is now set. Hr have been informed that they must arrange a meeting to include the people who were present at my formal meeting over my sickness absence, a union rep will also be present at this meeting as it has been concluded that the proceedings against me, and the decision to move me at a loss of earnings have both been carried out in an improper fashion and therefore both in direct conflict with the Equalities Act 2010. They have been advised that it would be in there best interests to keep me in my normal role and current pay pending the outcome of this meeting.
So dont give up folks if you feel that work is treating you unfairly, do what i did and get some professional advice, it may cost you, but money well spent as far as i am concerned as i will now not have to lose thousands of pounds in lost earnings. Thank you all again for your help and advice. Take care.

 

[Morlador]

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Good luck. I had issue with my employer and my time off sick. They were talking about disciplinary action. For three counts. One of these I had sickness bug, I attempted to come to work, and had to run back home to sit on the loo!
When I had issues I went back to them and challenged this with them. As well and DUK I contacted the EASS at http://www.equalityadvisoryservice.com/

They were helpful for me, and HR now understand the issue. I haven't got a golden ticket with time off but they will look into each case on case by case basis, and if a genuine illness it wont be considered applicable for disciplinary action.

Keep us updated.

Thank you for your advise, as well as questioning why the company saw fit to reduce me to a lower position at a loss of pay following my formal interview over my sickness absence, i will also be questioning them over their sickness absence policy (3 counts and you're out) when it comes to diabetes.

 

[PhoebeC]

Really do wish you well with this. We shouldn't have to stand up against things like this, it should just be fair anyway. Life is hard enough without the added stress and hassle.