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Ben Jones
Ben Jones, UK Lawyer
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I was diagnosed as diabetic and stage 2 kidney disease a couple

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I was diagnosed as diabetic and stage 2 kidney disease a couple of months ago . since then my wages each month have had days missing. they said you didnt put a sheet in for such a week. i beleive i did . they also have sheets done by the control office (where i work) that states who is working where and at what time they start and finish I know this as I am one of the ones who fill these sheets in for the entire fire. when I bring this up thay just dissmiss it and say we will pay you next month . I beleive that their actions are criminal as they know they owe me this money and that they havent paid it and that if I didnt notice it they would not pay it at all I beleive that this constitutes intent to permanently deprive someone of moneys or goods through deception and fraudulent measures .I also beleive that this is an attempt to get me to leave. I have also had a letter this week saying that they want me to come in so they can put me on a dissoplinary . this would be the frist one since starting work for the firm 6years ago. I verymuch feel I am being victimised and give the other problems I have at the moment I'm feeling very vulnerable. I have only had a couple of hours off work all but 2 hours booked off well in advance when unable to change appointments. and the 2 hours I had off not booked was when I was told that the dr needed to see me asap and I had an appointment in 45 mins and I needed to be there. it was on that occasion I found out about the kidney disease. as you can guess I was shaking even before setting off to the drs as I knew the news was not going to be good . when I got back one of my colleagues said he had received a call ask if "I was taking f,ing the piss or what" luckily my colleague was on my side and said I wasnt (he had seen the state I was in when I left) but he thought that they where and if it had been him he would not have waited for a replacement but would have just informed them and left . I even came straight back to work after seeing the dr. I think give what I needed to digest I could have been forgiven if I had decided to take the rest of the day off but I didn't I just came straight back. to work. inrealise that being diabetice I come under the dissability discrimination laws and do have a little extra protection via that but feel slightly dubious about trying to quote it at this point .
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. What is your specific query about this?

JACUSTOMER-qnjr6dd4- :

I was diagnosed as diabetic and stage 2 kidney disease a couple of months ago . since then my wages each month have had days missing. they said you didnt put a sheet in for such a week. i beleive i did . they also have sheets done by the control office (where i work) that states who is working where and at what time they start and finish I know this as I am one of the ones who fill these sheets in for the entire fire. when I bring this up thay just dissmiss it and say we will pay you next month . I beleive that their actions are criminal as they know they owe me this money and that they havent paid it and that if I didnt notice it they would not pay it at all I beleive that this constitutes intent to permanently deprive someone of moneys or goods through deception and fraudulent measures .I also beleive that this is an attempt to get me to leave. I have also had a letter this week saying that they want me to come in so they can put me on a dissoplinary . this would be the frist one since starting work for the firm 6years ago. I verymuch feel I am being victimised and give the other problems I have at the moment I'm feeling very vulnerable. I have only had a couple of hours off work all but 2 hours booked off well in advance when unable to change appointments. and the 2 hours I had off not booked was when I was told that the dr needed to see me asap and I had an appointment in 45 mins and I needed to be there. it was on that occasion I found out about the kidney disease. as you can guess I was shaking even before setting off to the drs as I knew the news was not going to be good . when I got back one of my colleagues said he had received a call ask if "I was taking f,ing the piss or what" luckily my colleague was on my side and said I wasnt (he had seen the state I was in when I left) but he thought that they where and if it had been him he would not have waited for a replacement but would have just informed them and left . I even came straight back to work after seeing the dr. I think give what I needed to digest I could have been forgiven if I had decided to take the rest of the day off but I didn't I just came straight back. to work. inrealise that being diabetice I come under the dissability discrimination laws and do have a little extra protection via that but feel slightly dubious about trying to quote it at this point . basically is what they are doing with my wages a criminal offence and would I have a case for discrimination. And what should I say or threaten legally to stop what is happening

Ben Jones :

Hello, first all I need to clarify that what they are doing is not criminal - it may be unlawful bit this is not a criminal matter. If anything it would amount to an unlawful deduction of wages - you have protection against that and if you are not paid what you are due then you can potentially take it to an employment tribunal, although it would not guarantee you immediate payment, especially if the employer tries to defend the claim. But it is something you can pursue further if necessary.

Being diabetic does not automatically provide you protection under discrimination laws, you have to show that your condition amounts to a disability before you can rely on these laws.

In the legal sense of the word, disability can have a broad meaning and there is no single list of conditions that qualify. Instead, to establish whether a person is disabled for legal purposes, they need to establish whether they meet the legal definition of ‘disability’.

The Equality Act 2010 (“EA”) defines a disability as a “physical or mental impairment that has a substantial and long-term adverse effect on a person’s ability to carry out normal day-to-day activities”.

I will break this definition down:

  • Physical or mental impairment – this can include nearly any medical condition, including progressive conditions;
  • Substantial effect – the effect must be more than minor or trivial;
  • Long-term - the effect of the impairment must either have lasted or be likely to last for at least 12 months;
  • Normal day-to-day activities – these are not defined but would include anything considered ‘normal’ in a person's normal daily routine (e.g. eating, washing, driving, walking, shopping, etc.)

If a person satisfies the above elements, they will be classified as being disabled and will have automatic protection against discrimination, which means that they must not be treated less favourably because of their disability. In addition, their employer would have a duty to make reasonable adjustments if they are likely to be placed at a substantial disadvantage when compared to non-disabled employees.

What amounts to ‘reasonable adjustments’ can have a wide interpretation and often depends on the individual circumstances. Below are some examples of what could amount to a reasonable adjustment:

  • making adjustments to work premises;
  • allocating some of the employee’s duties to others;
  • transferring the employee to fill an existing suitable vacancy;
  • altering the employee’s hours of work;
  • allowing the employee to be absent during working hours for rehabilitation, assessment or treatment connected to their disability;
  • acquiring or modifying specialist equipment;
  • providing supervision or other support.

If someone who is disabled is being treated less favourably because of their disability or their employer has failed to make reasonable adjustments it would potentially amount to disability discrimination. The first step would be to raise a formal grievance. The next step would be to consider whether a claim for disability discrimination should be made in an employment tribunal (bearing in mind that the time limit for claiming is only 3 months from the date of the alleged discriminatory behaviour taking place).

JACUSTOMER-qnjr6dd4- :

Both the diabetes and the kidney damage / kidney disease are progressive and long term are not likely to dissappear and probably worsen . I also have a growth on my right kidney that I have got to have further investigation by a specialist in december. I do beleive though that I am being activly discriminated against and victomised by the company I work for to try to get me to leave . It is causing me a lot of stress and it is starting to cause serve depression I know the signs as I suffered from it several years ago. to be honest they are starting to win it is realy getting to me to the point ??? Well you dont realy want to hear that but one thing that is keeping me going is if they are going to be like thay are then I revenge on them first . Hit them where it hurst coz all they are interested in is money and certainly not the welfare of their employees.

Ben Jones :

it is possible to try and negotiate a settlement agreement where you leave by being paid off and agree not to claim against them - it's a clean break for both parties so that could be an option

Ben Jones :

I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much

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