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Friends rights on sickness?

245

Comments

  • Viberduo
    Viberduo Posts: 1,148 Forumite
    Here's another "don't flame". Proof? As in evidence? There are things here he doesn't have a right to - they have nothing at all to do with any disability. And that includes no right to a transfer of employment. Or a right to run a house on his own (which has nothing at all to do with the employer). So I am sorry but these things don't matter. Because I am afraid the current evidence appears to be that he has not looked after his own health - he has allegedly worked when unfit and discharged himself from hospital when ill. And that is what the employer will show as a defence. So what can he show that this isn't true (since, actually, it is true!) or that his medical needs have been ignored?
    The Equality Act is nowhere near the protection that people think it is, and his word isn't going to be good enough. People do ignore their own medical needs. So he needs to be able to establish that the employer has actually acted in a way that discriminates or breaks the law. And nothing at all you have said here indicates that.


    Don't take this the wrong way - but if you/he cannot defeat my argument with evidence, then he has no chance of defeating the employers - which will almost certainly be better than mine....


    So what evidence does he have that he was refused the opportunity to test his blood sugar levels and/or eat to sustain them?

    I think you are looking at things the wrong way, I didnt mean to imply that the housing issues were the employers fault, however you are wrong to assume he is not taking care of his own heatlh since he has looked for work more local but been turned down and tries to arrange things around work however if the employer refuses him to have his regular blood sugar break then they have made things far worse for him, just like denying him a travel share affects him,

    From what I understand most of the other staff are friendly but are unwilling to challenge the higher ups, my friend is mildly autistic but willing to go above and beyond for work, a few weeks ago he came to stay with me for a few days and he was saying he wished he could leave and move back up here but worried that if he did so it would be like a black mark on his employment history as he was in education till he was 19, worked FULL time whilst doing a full time course at college, then spent about 9 months unemployed when he had to move in with his dad after leaving college in middle of nowhere(nearest town 15 miles away, nearest bus stop 6 miles away) he then moved in with me and got a job the next day, lasted a few months but was fired for being too slow, then spent 3 months unemployed till he got his current job where he was worked for over 7 years.

    He just wants to work and live comfortable, if he could he would move into a grotty bedsit today if it meant less expense for him and easy to get to work, I imagine if he left work due to the problems he had he would just be called benefit scum and not willing to work and his mental health would get worse in some ways and be better in others

    The problem with evidence is its their word against his, my friend is not the type to lie though but he does takes things literally and doesnt challenge anything so he may of been able to argue just didnt.
  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    If he is working for a large organisation, there may be a telephone support service that can help him sort himself out (perhaps by expressing his needs more clearly).

    Can you go up and visit him at all and ensure he seeks more medical treatment asap.
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • Kim_kim
    Kim_kim Posts: 3,726 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    His supervisors don't have to give him a lift to work - with or without a petrol contribution.
  • Viberduo wrote: »
    I think you are looking at things the wrong way, I didnt mean to imply that the housing issues were the employers fault, however you are wrong to assume he is not taking care of his own heatlh since he has looked for work more local but been turned down and tries to arrange things around work however if the employer refuses him to have his regular blood sugar break then they have made things far worse for him, just like denying him a travel share affects him,

    From what I understand most of the other staff are friendly but are unwilling to challenge the higher ups, my friend is mildly autistic but willing to go above and beyond for work, a few weeks ago he came to stay with me for a few days and he was saying he wished he could leave and move back up here but worried that if he did so it would be like a black mark on his employment history as he was in education till he was 19, worked FULL time whilst doing a full time course at college, then spent about 9 months unemployed when he had to move in with his dad after leaving college in middle of nowhere(nearest town 15 miles away, nearest bus stop 6 miles away) he then moved in with me and got a job the next day, lasted a few months but was fired for being too slow, then spent 3 months unemployed till he got his current job where he was worked for over 7 years.

    He just wants to work and live comfortable, if he could he would move into a grotty bedsit today if it meant less expense for him and easy to get to work, I imagine if he left work due to the problems he had he would just be called benefit scum and not willing to work and his mental health would get worse in some ways and be better in others

    The problem with evidence is its their word against his, my friend is not the type to lie though but he does takes things literally and doesnt challenge anything so he may of been able to argue just didnt.


    I am not assuming anything. Neither does the law. He has proof - as in evidence - or he does not. If it is his word against theirs, he just lost any case. Sorry, but it really is up to him to prove that discrimination may have taken place. Without that proof he is on a hiding to nothing. I am sorry if this seems unsympathetic to his situation because it isn't how I feel. But you didn't ask for sympathy - you asked what rights he has. As in the law. I am afraid the law has no sympathy. It expects evidence. And you seem to confirm that he has none.


    I don't call people scum for claiming benefits. My advice is based on facts, not prejudices. Find some facts to work with and you'll find me and lots of others lining up to help. But his word simply isn't enough. Sorry.
  • Viberduo
    Viberduo Posts: 1,148 Forumite
    I am not assuming anything. Neither does the law. He has proof - as in evidence - or he does not. If it is his word against theirs, he just lost any case. Sorry, but it really is up to him to prove that discrimination may have taken place. Without that proof he is on a hiding to nothing. I am sorry if this seems unsympathetic to his situation because it isn't how I feel. But you didn't ask for sympathy - you asked what rights he has. As in the law. I am afraid the law has no sympathy. It expects evidence. And you seem to confirm that he has none.

    I don't call people scum for claiming benefits. My advice is based on facts, not prejudices. Find some facts to work with and you'll find me and lots of others lining up to help. But his word simply isn't enough. Sorry.

    I can understand lack of evidence, no idea if he has any more than speaking to other people at work, maybe even nurse but no idea, I mentioned the bit about benefits as I see it a lot online or in person that if someone talks about leaving work due to financial problems they are called leeches saying taxpayers shouldnt support them for choosing not to work, I remember in past saying I worked part time but after paying rent and travel I was left with around a tenner a week for food, toiletries, food, luxuries and was told to either work more hours(none were available) as the taxpayer shouldnt prop me up(even called lazy by some people or told to get a 2nd job!) Right now I am signed off due to depression, aspergers(which combined make each thing far worse) and things related to that like low self esteem, bad diet etc(I do not drink or smoke at all though)

    In fact we met on the Princes Trust as both are vulnerable people.
  • Viberduo wrote: »
    My friend was diagnosed with diabetes 3 years ago after being very ill at work and losing weight fast, he was even in hospital at one point, he kept his boss informed all the time but was told he could not miss a single day of work more or be fired, since he is a pushover he went back to work still ill.

    A year later he moved to another part of the country to take care of his dying mother and she died last year he has been having issues with health related to the long commute to work for minimum wage, not being able to run a house on his own, his daibetes being bad.

    Also this is a big thing, his health meant he was supposed to get a short break every hour to test his blood, and perhaps have a snack and after he moved stores the new boss refused to let him have them and so he has his insulin at different times every day depending on shifts and has told me about being weak to the point of near collapse many times when he is at work and his bosss dont care(the same bosses that refuse to let him car share despite knowing it costs him a huge amount in petrol every week and he does same shifts)

    A few months ago he had a car crash as he fell asleep at the wheel but was only into a fence with no damage to him, last week he collapsed 3 times at work in 3 days and was rushed to hospital and told he has had a suspected stroke, his boss rang him and told him that he couldnt have time off work! so my friend discharged himself without being assessed but has been very strange and not all there(he also hit his head when he fell) acting like a totally different person and muttering, stuttering, talking to himself and just saying strange things and being quite agressive waving his hands about if someone speaks to him.

    With that in mind what rights does he have as his employer refuse to help him!

    I think it would be better not to try get answers based on second hand information.

    Ask your friend to come on and find out the information he needs for himself because only he knows the ins and outs.

    I can tell you this, he does not need to take bloods every hour. If he is telling you he does, then you really can't trust much else he's telling you.
  • Kim_kim
    Kim_kim Posts: 3,726 Forumite
    Ninth Anniversary 1,000 Posts Name Dropper
    I can tell you this, he does not need to take bloods every hour. If he is telling you he does, then you really can't trust much else he's telling you.

    Thinking about it, you couldn't do hourly tests, you wouldn't ever get any sleep!
  • Viberduo
    Viberduo Posts: 1,148 Forumite
    He means hourly when at work, then again when I have him round as a guest he does it quite often normally after he does something i.e sitting down for a hour he wouldnt need to do something, if he goes for a walk he does it when he comes back etc.

    He could have other health issues I do not know about since there must be a reason he collapsed 3 times in a week though he has always been constantly getting things like colds in the 9 years I have known him and both his parents had cancer and I think his brother has heart problems despite being younger(though his brother likes his drinking and drug taking)
  • James_B.
    James_B. Posts: 404 Forumite
    Viberduo wrote: »
    Sorry wrote a long post and stored it wrong, anyway the situation with that is that he has 2 supervisors who live in same town as him and work same shifts and he has asked to share with them and pay his share of petrol but they refuse.

    This puts a massively different slant on your original post. You implied that they will not let two staff car share who want to, which would seem unreasonable. Wanting the management themselves to take him to work is something that he can politely ask for, but if they don't want to share, that's completely reasonable too.
  • stevemLS
    stevemLS Posts: 1,067 Forumite
    I have Type 1 and test four times a day - that is generally considered frequent and some GPs won't prescribe sufficient testing strips to test that often.
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