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#1 Posted : 26 September 2006 15:06:00(UTC)
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Posted By Medusa Afternoon all, was just wondering if anyone could help me with this. A friend has come to me with a dispute at work and as this is not my area of expertise I would appreciate any help from anyone out in H &S world - particularly any Reps. Mr. A is a long serving worker for a manufacturing company, involved in packing goods for dispatch. Mr. A also has a medical condition, namley hypoglycemia, as a result of an operation relating to a pancreas complaint a number of years ago (early 90's). The company is aware of this, as Mr. A has had a report from his own GP and the company's medic. the condition is called "Dumping syndrome" and manifests itself in a similar way to the diabetic condition ie blood sugars go through the roof and then plummet, leaving Mr. A weak, dizzy and unable to work. There is no pattern to this condition and the gentleman in question has only a few minutes warning that this is going to happen. All of this is corroberated by both doctors. However, Mr. A has had a verbal warning and the threat of disciplinary action as a result of taking time off because of this. Has anyone ever had to deal with a situation like this? Mr A has also told me that a few of the long serving members of this workforce (ie 14 years time served +) have been presented with similar threats of disciplinary action with regard to taking time off for other complaints such as RSI. I'd be very interested to know if anyone has heard of anything like this. My friend is quite understandably distressed and anxious about this. Any help and/or advice would be sincerely appreciated. Thanks in advance Orla
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#2 Posted : 26 September 2006 15:23:00(UTC)
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Posted By Jim Walker Citizen advice people will help. Looks like he has grounds under disability discrimination act.
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#3 Posted : 26 September 2006 15:30:00(UTC)
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Posted By Stupendous Man The employer may simply be ignorant of their responsibilities under the DDA (and age descrimination etc...). Without knowing the organisation, I'm not sure how kindly they would take to being told of their responsibilities. If they are likely to listen, tell them, if they are likely to sack you for telling them, then unions or citizens advice may be the best bet.
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#4 Posted : 26 September 2006 15:38:00(UTC)
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Posted By Tony Brunskill Is this individual registered disabled? Does this type of condition fall within the DDA? Mr A must be medically capable of doint the job he is employed to do. Not a simple one this and be careful as the employer may be able to dismiss on grounds of being medically incompetent. Depends on the role etc. It is the employers duty to ensure comptence of fellow employees and where the condition may affect the safety of other then the employer may be minded to take this sort of approach. Depends on what they have done previously to support the individual. Take professional advice.
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#5 Posted : 26 September 2006 15:56:00(UTC)
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Posted By Lilian McCartney You need some employment law advice. As long term conditions fall under DDA the person has a certain amount of job security. However, if the company cannot operate effectively with this person in this position and they cannot find something else suitable they can or try medical retirement. There's a lot involved depending on how many times absent, effect of absences etc. Some employers are just quite nasty to people with illnesses as previous threads have highlighted. I would say go to HR but it could be them that's applying this. Is there an employment law website anyone knows of that could help?
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#6 Posted : 26 September 2006 16:06:00(UTC)
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Posted By Rochelle Cartmell Hello I would try ACAS Employment Law helpline, in my previous life as an HR Advisor they offer invaluable help and advice. Speaking as a previous HR Advisor I would not issue verbal warnings for some one against a recognised medical condition and would take steps to look at his duties etc and do a risk assessment on that basis. There is a balance between the business need and being sympathic towards the person.
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#7 Posted : 26 September 2006 16:11:00(UTC)
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Posted By Medusa Many thanks for the replies. My friend is not registered as disabled. This condition happened while he had already been employed with the company a few years and he has always been upfront about his condition. Unfortunately, as I stated earlier, there is no pattern to this condition, so it could be days, weeks or even months before he has a reoccurance. He is not involved with any heavy machinery or plant (is just in the packing room). As I don't know the company in depth myself so I don't understand how the company can do this when his condition is backed up by two doctors, one employed by the company. I know that he has been dealing with his Rep on this matter but will recommend that he also visits Citizens Advice. Many thanks to all who replied
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#8 Posted : 26 September 2006 16:25:00(UTC)
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Posted By steve jones Medusa, e-mail me at steve.jones40@btopenworld.com. steve
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