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http://www.teachability.strath.ac.uk/chapter_5/reflectingfromthelegalangle5.html

Caroline

----- Original Message ----- 
From: "Hammond Nicola Miss (DOS)" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, March 04, 2008 2:57 PM
Subject: Re: Breaks during placements for students with diabetes


Thank you Sharron, Pauline and Felicity,

I will go ahead and argue it from the DDA point of view rather than
worry about whether there are working time laws and so on.  I think the
student contacted the occupational health department of the hospital but
not the university occ health.  I will facilitate contact with them and
the school.

I think Pauline you were referring to the fact that students are
supposed to be supernumary and not included in the shift numbers.  This
is true, so the placement has no real reason not to be flexible.

Thanks for your views.

Nicky

>-----Original Message-----
>From: Discussion list for disabled students and their support
>staff. [mailto:[log in to unmask]] On Behalf Of
>[log in to unmask]
>Sent: Tuesday, March 04, 2008 2:25 PM
>To: [log in to unmask]
>Subject: Re: Breaks during placements for students with diabetes
>
>The rights have nothing to do with being a students but as
>having a disability as defined by the law.  And yes as Pauline
>pointed out I think health and safety would also come into this.
>
>Sharron
>
>-----Original Message-----
>From: Discussion list for disabled students and their support
>staff. [mailto:[log in to unmask]] On Behalf Of Felicity Burgess
>Sent: 04 March 2008 14:11
>To: [log in to unmask]
>Subject: Re: Breaks during placements for students with diabetes
>
>I would have thought that Occ Health would/should have made
>such recommendations when they started their course.  However,
>it can be tricky (from personal experience) as sometimes staff
>feel that students on honorary contracts have less 'rights' -
>I had a similar issue with a placement where my supervisor
>expected me to not have a lunch break at all on Fridays
>(obviously I sorted that out between her, myself and the School).
>
>
>
>Quoting "[log in to unmask]" <[log in to unmask]>:
>
>> Nicky
>>
>> I can't see their argument holding up in a court of law.  It
>is surely
>> a "reasonable adjustment" to have a break to attend to one's health?
>> Diabetes is covered under the DDA and so the student has a
>legal right
>> to more breaks if it is connected to their 'disability' and is not
>> unreasonable.  A bit 'unprofessional' not to allow the breaks, and a
>> bit ironic considering they are working in a health setting!!
>>
>> Does the hospital have an occupational health department the student
>> could refer to to have the rest break recommendations made?
>>
>> Sharron Sturgess
>> University Disability Officer
>> Disabilities and Additional Needs Service Loughborough University
>>
>>
>> -----Original Message-----
>> From: Discussion list for disabled students and their support staff.
>> [mailto:[log in to unmask]] On Behalf Of Hammond
>Nicola Miss (DOS)
>> Sent: 04 March 2008 13:04
>> To: [log in to unmask]
>> Subject: Breaks during placements for students with diabetes
>>
>> Dear wise people,
>>
>> I have been contacted by a nursing student with Type 1
>Diabetes who is
>> out on an acute placement.  The student is currently having some
>> difficulty with being allowed the lunch/snack breaks which
>he needs to
>> control his hypoglycaemia.  The student reports that the
>effect of his
>> insulin acts for about 4-5 hours.  In order to regulate his
>blood sugars
>> during his 12.5 hour shifts he requires a short breakfast
>break, a lunch
>> break and another short break at tea time.  The placement
>seem reluctant
>> to let him take the break at tea time expecting him to wait until he
>> goes off shift.  When it has come to placement feedback he has been
>> informed that it appears unprofessional to ask for more
>breaks or go off
>> to have a 5 minute snack at tea time and other staff are not allowed
>> this.
>>
>> His shifts are 7.30am-8pm. He has been told that he is
>legally allowed
>> 20 minutes for every 6 hours of work.  If the student has breakfast
>> before leaving the house, this will have to be 6.30am and he
>will then
>> not make it through a busy morning on the ward.  He therefore has a
>> brief breakfast 5-10 minutes in the nursing station at about 8am and
>> takes lunch as usual (30 minutes).  He really requires a tea break as
>> well at about 5pm to control his blood sugars.  But if he
>takes a normal
>> 30 mins at lunch and the 5-10 minutes he needs at 8am he is
>told that he
>> is not entitled to a tea  break.  I suppose he could do it if he
>> shortened his lunch break but I feel that everyone needs a certain
>> amount of rest at lunch.
>>
>> Does anyone have a clear idea of the rights/ responsibilities in this
>> area?  I would very much appreciate feedback and suggestions
>of where to
>> go from here.
>>
>> Many thanks
>>
>> Nicky Hammond
>>
>>
>>
>>
>