being diabetic

[berniecuddles]

can i be sacked for being diabetic?
in the last year i have had too take time off work because of my diabetes, due to bad feet and legs. about six weeks all together. my manager has today warned me about my sickness even though we only get s.s.pay. due to my diabetes, is there anything i can do about it legally

[ktlou]

Hi bernie. Did you get signed off sick by your doctor or have you just taken a few days here and there that total up to the 6 weeks? If you've been signed off then they have to be very careful and can't sack you for that. If you haven't then I think they are within their rights to give you a warning as they've no proof of your sickness (if that makes sense). I was off last summer for 11 weeks due to torn disks in my back and my work was fine about it as I kept them up to date with the certificates etc. However when i got back to work, they had completely changed my role from reception to general administrator!!! so I left!!

[atolhurst]

Not sacked, essentially. But the company can argue that they require a certain level of attendance by an employee to carry out the tasks assigned to them in their job. If they were to go down that route, it is likely you would be dismissed on capability grounds, rather than sacked or fired.

What you get paid for being ill is nothing to do with it either

They do have to do what they can to accomodate your situation; I'm not aware of the nature of your job so you will have to think about whether it is reasonably practical for your company to adjust your role (such as carrying out some of your work if you had to stay at home because of your diabetes, for example) so that could be an option.

The unfortunate reality is that you are employed to do a certain job which requires a certain amount of attendance and if your company feel that your attendance does not allow you to complete your job, you could ultimately be dismissed.

[Catso]

No, not directly. But you can lose your job for taking excessive time off, even with a doctor's note. But for most reasonable companies, we're talking several months, not weeks here.

See it from their point of view: what is the point of employing someone who (for example) has been off work for 9 of the last 12 months? OK, it doesn't cost them directly if you don't get sick pay, but it does cost them in overheads and by you not being at work, as someone else has to do your work.

I think what your company is doing is just covering itself, so if you take lots more time off in the future they have a documented history of the warnings they've given you.

To be honest, annoying though it is, I wouldn't worry about too much at this stage.

Legally, no, there isn't anything you can do.

[Backdrifter]

A company must address an employee's sick leave record if it's abnormally high, whatever the reason. But it depends what you mean by "warning" - I don't think it's quite right of them to just give an official warning without having addressed your sick leave, the reasons for it, and what alternatives there are - nor without showing that your performance is suffering due to the sick leave (is it?).

They have to be able to show they're accommodating you as best they can. Did the diabetes, and therefore the sick leave, start to happen after they employed you?

Ultimately, if it developed during your time there, and they can show they've had reasonable discussion with you about it, tried to examine alternatives and can demonstrate your performance is suffering, then yes they can give you a warning and possibly terminate your contract further down the line, but you need to check all this - talk to your HR department and, if you can, the CAB.

[kirstyvw]

Hi Bernie
I can sympathise as my bf is diabetic. I am also an HR Manager and read your question earlier before catching up on the latest HR news. Your question is answered on one of the websites here: http://www.personneltoday.com/Articles/2006/07 /25/36496/Weekly+dilemma%e2%80%a6+.htm

Hope that helps