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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49816
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My daughter is 17 and diabetic type 1 she was at work this

Customer Question

Hi my daughter is 17 and diabetic type 1 she was at work this week going hypo drinking a sweet coffee when she was asked to go away as she was making people feel uncomfortable
legally where do i stand
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Who asked her to do this?
Customer: replied 2 years ago.
a member of senior staff she was in the pantry she works at stapleford house in melton mowbray
Customer: replied 2 years ago.
she is a waitress going into management training she works double the hours she is legal to with barely any breaks they all know she is diabetic and they have said they would look after her! sometimes she can go in at 7.30am and dosnt finish til 2/3am!!!! she dosnt complain she likes the job i feel they are unfair and im sure i have a legal case against how they delt with her the other day
Expert:  Ben Jones replied 2 years ago.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 2 years ago.
Hello, thanks for your patience. She may indeed have a case for disability discrimination if she was being treated detrimentally because of her condition. An employer has to assist an employee with a condition which may be a disability (diabetes can qualify) and not treat them unfairly in such a way. However that does not mean she can just make q claim which would be easy and result in a lot of compensation. She has to go to the employment tribunal and the claim fees will be over £1,000. This is a one off incident and not a prolonged case of discrimination to any compensation will be on the lowest bracket. Also there is no guarantee she will win so overall there are risks and it is not an easy process. She would be best advised to pursue this internally by raising a formal grievance and hopefully this will result in a change of the employer’s approach to such occurrences and better treatment in the future. Do not automatically jump to taking legal action especially in these circumstances. It should be only pursued if all other attempts to resolve this have failed and mainly as a last resort. Also a one-off incident like this one will not be bay pursued through the tribunal.

I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you