Diabetes
Our team of Employment solicitors consists of dedicated specialists and lawyers who deal exclusively with employment law. The team have over 30 years’ experience collectively and have wide, in-depth knowledge of all employment matters and disputes.
You can be assured Lawson-West’s solicitors keep up to date with the latest legal developments and changes to bring you the best advice.
Lawson-West’s expert employment solicitors and lawyers have significant experience of dealing with employees who face discrimination based on suffering from diabetes.
Diabetes is a very common health condition, which affects just under 5 per cent of the current UK workforce. However, as a condition it shouldn't hinder people's ability to get a job or to stay in one.
An employee with diabetes should be assessed on their individual ability to do a job and not be discriminated against as a result of the condition. It is important that you tell your employer of your condition as soon as possible to allow them to undertake an assessment where needed to fully understand your condition and implement any reasonable adjustments.
There are a few areas of employment that do have restrictions on people with insulin-dependent diabetes, for safety reasons including:
• driving long goods vehicles or those carrying passengers (a Group 2 licence)
• the armed forces
• airline pilots and, in some instances, cabin crew and air traffic control personnel
• working offshore, e.g. on oil rigs and ships.
Other jobs sometimes have restrictions, although the type of job and restriction varies with local councils. These include the emergency services, the railway industry and public carriage services.
Outside these restricted areas, if you are employed or a worker your employer may have a duty to make reasonable adjustments and protect you from discrimination on the grounds of disability relating to your diabetes.
Reasonable adjustments vary according to the needs of the individual and job but could include such things as:
• Allowing flexibility over working hours, in particular to allow enough time to eat food and test
• Providing a private place to inject
• Improved accessibility features
• Altering working hours (e.g. flexi time, job share, reduced hours)
• Modifying your duties
• Transferring you to another suitable role within the organisation
• Allowing time off during working hours (e.g. for treatment, assessment, rehabilitation)
• Changing practices, policies and procedures (such as allowing more breaks to eat a snack or accommodating a higher level of sickness absence which is related to your condition).
Making a claim
If your employer does not consult with you, carry out the necessary checks and investigations and make any reasonable adjustments required, your work may suffer. In some circumstances you may find that you are dismissed on the basis that you are unable to carry out the role. If this is the case then you may be entitled to claim against your employer for disability discrimination.
There is no minimum length of employment required to bring a claim at the Employment Tribunal, but it is important to lodge your claim with ACAS within 3 months of the act of discrimination occurring. It is therefore essential that you take legal advice on your situation at an early stage and as soon as possible.
If you’re an employee facing discrimination at work due to suffering from diabetes, we can help. Please remember there are strict time limits in Employment claims and you should take good free legal advice as soon as possible.
In addition to No Win No Fee, Lawson-West solicitors act for our clients on a variety of other funding arrangements including Legal Expenses insurance funding. We can assess your case to decide which is the best funding option for you.
With offices in Leicester, Wigston and Market Harborough our employment solicitors and lawyers can discuss your employment law claim at any of our branches. In addition, we are a national provider of expert employment law advice and welcome a free discussion with you regarding your circumstances and potential claim.
If you believe you have a situation where you require free legal advice, please contact us on telephone 0116 212 1000 or 01858 445 480, alternatively fill in the free Contact Us form and we will get in touch as soon as possible.
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