Is there any way to "force" a employer to transfer you to different branch

dekaspace

I have a friend with diabetes serious depression and other heatlh issues.

Around this time last year he crashed his car as he just fell asleep at the wheel not due to lack of sleep but his diabetes made his energy dip.

He has collapsed a few times at work and rushed to hospital.

The employer also refuses to schedule his shifts around hospital appointments so he has to take unpaid time off and even got disciplined for it.

His heatlh is deteriorating partly due to the extra stress it is causing and he has friends and people who can help him where I live and the rent is over half the price and theres multiple hospitals around rather than the small local one he goes to now.

He says his employer first claimed there was no vacancies anywhere he wanted (about 10 branches in a 15 mile radius) then a few weeks later at his preferred place of transfer they hired 25 new staff, now they claim the reason they havent transferred him is his excessive amount of days off work when the only reasons he has them is because they refuse to change his shifts despite knowing weeks or months in advance about his hospital appointment and he collapsed a few times at work and they include that and the days he had to take off due to that.

So hes good enough to not get fired but not good enough to get transferred.

He has worked for the company for 8 years now.

Flyonthewall

Far as I'm aware they have no legal obligations to transfer him to another branch.

Depending on the health issues they should do what they can to help him, but it doesn't sound like the transfer would be down to that, it's just what he would prefer.

It doesn't sound like he's helping himself. He fell asleep because of energy levels, why did he not do something to stop that? He should be aware of how to control his diabetes to stop that happening.

Is he collapsing for the same reason or because of other issues? Are they something he can control?

Would he be having less hospital visits if he simply looked after himself better?

dekaspace

Flyonthewall wrote: »

Far as I'm aware they have no legal obligations to transfer him to another branch.

Depending on the health issues they should do what they can to help him, but it doesn't sound like the transfer would be down to that, it's just what he would prefer.

It doesn't sound like he's helping himself. He fell asleep because of energy levels, why did he not do something to stop that? He should be aware of how to control his diabetes to stop that happening.

Is he collapsing for the same reason or because of other issues? Are they something he can control?

Would he be having less hospital visits if he simply looked after himself better?

Stress and depression plays a huge part, he got bad when his mother was diagnosed with cancer and he had to help look after her, then his druggie brother stole from him and his mum (he still does it)

At the time they were not sure why he crashed but a few months later he collapsed at work and they said he was on the wrong type of insulin, he has collasped a few times at work since and spent the night in hospital and they say his blood sugar is still too low and thats why he is collapsing.

He was meant to get a break every hour if I remember to regulate his blood sugar but his employer refused saying it was unfair on the others.

To be fair I think its purely a local mangement problem, before he moved to look after his mum he lived near me, he was in good health always full of energy (used to be able to work out) they gave him time off for hospital appointments etc.

Since he moved to look after his mum thats when things got bad, his managers never give him time off for health reasons, even when he was in hospital they phoned him up demanding he come back to work, he asked both for a lift to work (paying their entire petrol costs) and they said he is a grown up so act like one (though you can argue they dont have to etc.

He has gotten so bad he is meant to have social workers, bus pass (as not allowed to drive anymore as he has got that bad health wise) think he would get certain benefits and it never gets anywhere and he is too ill to chase it up.

On his 30th birthday he was so depressed he drank a bottle of wine, a few pints of cider, double bacardis and a few more then broke down in front of me saying how bad his life is and he just spaces out and loses control, he punches his walls in his house as the stress is that high.

stevemLS

I am an insulin dependent diabetic.

Diabetes does not cause drops in "energy levels".

Poorly controlled diabetes can result in hypoglycaemic episodes which can result in confusion and loss of consciousness.

DVLA requirements are that you test your blood glucose levels not more than 2 hours before driving and at 2 hourly intervals thereafter.

Police can, and do, require production of blood glucose meters and use their memories as evidence. Drivers have been prosecuted on the basis of being unfit through drugs.

If he has had a crash due to a hypo and then several occasions when he has had needed the assistance of a third party (when he has been "rushed" to hospital) he is luck not to have had his driving licence revoked. It almost certainly will be next time it comes up for renewal.

So not being able to work in his preferred area may be the least of his problems in the future.

Sorry this isn't what you wanted to hear.

Torry_Quine

dekaspace wrote: »

Stress and depression plays a huge part, he got bad when his mother was diagnosed with cancer and he had to help look after her, then his druggie brother stole from him and his mum (he still does it)

At the time they were not sure why he crashed but a few months later he collapsed at work and they said he was on the wrong type of insulin, he has collasped a few times at work since and spent the night in hospital and they say his blood sugar is still too low and thats why he is collapsing.

He was meant to get a break every hour if I remember to regulate his blood sugar but his employer refused saying it was unfair on the others.

To be fair I think its purely a local mangement problem, before he moved to look after his mum he lived near me, he was in good health always full of energy (used to be able to work out) they gave him time off for hospital appointments etc.

Since he moved to look after his mum thats when things got bad, his managers never give him time off for health reasons, even when he was in hospital they phoned him up demanding he come back to work, he asked both for a lift to work (paying their entire petrol costs) and they said he is a grown up so act like one (though you can argue they dont have to etc.

He has gotten so bad he is meant to have social workers, bus pass (as not allowed to drive anymore as he has got that bad health wise) think he would get certain benefits and it never gets anywhere and he is too ill to chase it up.

On his 30th birthday he was so depressed he drank a bottle of wine, a few pints of cider, double bacardis and a few more then broke down in front of me saying how bad his life is and he just spaces out and loses control, he punches his walls in his house as the stress is that high.

He sounds like he needs medical help and needs to see his doctor.

Work have to make reasonable adjustments in regards to his health and that may include regular breaks to check his blood sugar. However they are under no obligation to give him paid time off for medical appointments.

dekaspace

Torry_Quine wrote: »

He sounds like he needs medical help and needs to see his doctor.

Work have to make reasonable adjustments in regards to his health and that may include regular breaks to check his blood sugar. However they are under no obligation to give him paid time off for medical appointments.

He doesnt want paid time off as much as to rearrange his shifts as they know before they make the monthly shift patterns when he is in the doctors unless its a last minute one.

They just tell him he has to ask the other staff if they want to swap shifts and they all say no.

Also forgot to say they thought the collapses were mini strokes.

Flyonthewall

I think he needs to see a GP. If he's really stressed they may sign him off with stress. In this situation I'd be quite surprised if they did refuse to sign him off.

It doesn't sound like they're going to move him and there doesn't appear to be any reason to do so for his health regarding the actual job.

While ever he works there he'll have the same issues.

Is it a manager saying he can't take breaks or the actual company? Still doesn't help if they won't move him but if one manager a transfer would solve the issue assuming he'd then be under a new manager. If it's something that would still be the case even if he moved branch then he's still going to be suffering.

In the end, his health needs to come first. At the moment everything is building up and nothing is going to change unless he does something, it's only going to get worse. Much worse.

He could, by the sounds of it, collapse at any moment and next time he may not be lucky enough to just go back to work after and carry on as he is. His depression and stress probably mean he's not thinking straight, especially with low energy levels, and he could easily do something stupid if this carries on.

He shouldn't have to but maybe he could tell his employer that allowing him breaks is a benefit to them considering it means he won't be collapsing in the middle of work and causing everyone around him to stop work to help him. Plus he'll be able to work even harder as he'll have more energy. He could also talk to other employees and explain the situation and see if they'll back him up. Employer can't say it's unfair to others if the others are happy with it.

Do the other employees know why he wants to swap shifts? If not maybe he needs to explain. If they know and no one will ever switch with him it sounds like they're no better than the employer. It might mean they won't back him up for breaks either, but it's still worth trying.

I think the first step is going to see the GP asap.

Also be looking out and applying for other jobs. Even if he gets signed off the employer still aren't likely to care and change anything. If collapsing in the middle of the branch multiple time doesn't make them do anything I doubt anything will. So it's not going to be somewhere he'll want to go back to or be able to cope going back to.

Takeaway_Addict

In my view it is reasonable that the employer schedules shifts around his appointments if they are not static.

It would be reaonable to be moved to another branch IF someone on the same role leaves and the OP's friend is good enough, it probably isn't reasonable to expect the company to take another wage on.

However, What I and you think is reasonable does not matter, if the employer says it isn't then the only way to take it further is via a tribunal based on equality discrimination.

Poppie68

Can he not just check his sugar levels without the need of a break, my husband is type 1 but at the moment he manages 12+ hour shifts in a highly stressful job and for the last 3 weeks hasn't had a day off, he drives 400 miles to work at the beginning of the week and 400 miles back at the end if the week... all without problems because he looks after himself which is key for someone with type 1 or 2. He needs to book himself in with the diabetic nurse who will help and advise.

If the doctors suspect he has suffered Mini strokes which are TIA's he really should nt be driving until investigations are complete and the doctor has given him an all clear.
I had 7 TIA's last year and wasn't allowed to drive until I had been clear for 6 months....3 months into driving again I had a stroke in March of this year and only got cleared for driving again 2 weeks ago.

He needs to ring DVLA and discuss his diabetes and possible TIA with them otherwise changing his place of work will be the very least of his problems..
I'm surprised neither his GP or hospital Dr have not already discussed this with him.

dekaspace

I know he rang the DVLA and they said his license was fine it was his doctors that said he cant drive so he was confused.

And I know the branches he has checked have had vacancies as I shop at one either way there is over 10 branches within 15 miles of me more I think so must be more than one but they claim the other branches have all refused him.

Yes due to him being stressed he doesnt think straight thats why he hasnt got the social worker stuff sorted and such, he has gotten into debt due to having to pay high rent and has to eat a lot thats another reason he wants to move so he has cheap rent and can get out of debt.

Poppie68

If he listens to the doctor in regards to the driving then he is fine, he should only drive again after being given the go ahead from them otherwise he will have problems with his insurance etc.

His employer should be making reasonable adjustments, he can ask them for a referral to occupational health who will then advise his employer. If his manager is not being
Co-operative he needs to speak to HR, no company would like to risk a possible claim for their ignorance if he has informed them of his problems.