Hypertension (High Blood Pressure) - Duty of Care by employer

[Flexi4all]

I had a health check at work with my previous employer (I was put through a redundancy process a few months later). My employer used an external company (who were not medically qualified) to conduct these checks, it was part of a health and wellbeing program. The check took place at around 10.30 am and my blood pressure was measured at 209/134. I was not told the reading so did not realise how high it was, nor did I have any knowledge regarding the significance of what the consequences could be of a reading this high. I was told that I should see my doctor that day but I couldn't get an appointment until the following week. I was not on any medication. I remained at work until 4.30pm as usual and drove home as normal.

If you key my BP readings into the NHS website BP checker it says 'Both your Systolic and Diastolic numbers are too high. Please check both values again'

Please can anyone give me their opinion as to whether my employer breached it's 'DUTY OF CARE' towards me as this reading was classed as serious hypertension and was potentially at risk of a stroke/heart attack.

I wasn’t told what my blood pressure was at the time, that’s the point I’m trying make. I stayed at work all day not understanding how serious my condition was. I should have gone to A&E.

You said yourself that the person doing the well being check was not medically qualified and was, therefore, only there to collect the data. This was then passed to Occ Health who told you to see a doctor immediately.

What have they done wrong?

Are you trying to argue that they wanted you out for raising the grievance and this was why you were chosen for redundancy?

Are you also trying to argue that your disability should have made you exempt from redundancy?

I believe uncontrolled hypertension is the disability. So your period of disability can only count from the moment you were put on medication. Anything that occurred prior to this (and especially any performance failings) need to be reviewed outside of that lens. I would suggest getting a GP letter explaining that the symptoms of high blood pressure caused the issues that occured in that period.

It's a big jump from high blood pressure to disability. Do you have other health conditions OP?

I can't see how you are attaching any blame to your employer here, OP. You didn't take the advice that they gave you on the day and were happy to wait for a GP appointment, you stayed in work and you were fine. You are still fine by the sound of it. Your employer more than discharged their duty of care.

I'm guessing that you have not spoken to a lawyer because they would have advised against this.

So the non-medically-qualified person conducting the check told you to see your doctor that day. Then the following day the OH person at work told you to see your doctor immediately because you were at risk of a heart attack.

Whether the company conducting the checks ought to use people who aren't sufficiently qualified as to know the difference between 'see a doctor today' blood pressure and 'get in an ambulance' blood pressure (which I assume is probably a grey area depending on various factors anyway) is a matter of debate, but I can't see that your employer failed in their duty of care here.

Yes, hypertension is my disability which qualifies under the Equality Act 2010

It isn't clear to me when you advised your employer that you had hypertension, and that it meant you were registered disabled. Were they already aware of this when the external company took your BP readings?

It sounds from the information you've given that the first you know of your high BP was actually when they told you. I'd say you should be thanking them for giving you insights into your condition, not dragging them through a Tribunal!

The following morning I was approached by Occupational Health and my BP was slightly lower but I was told that I needed to go and see my doctor immediately because the following week might be too late if I have a heart attack on the Sunday

So they took your BP a second time and again gave you reasonable advice. What more were you expecting them to do? If I were you I'd buy a BP monitor from Boots and monitor your own BP rather than expecting your employer to manage your health for you.

So the company paid for an external organisation to come and check their staff health, something they are not legally required to do. You were advised to go to your GP. The company then clearly informed OH and you got to see someone on that same day. They explained the situation to you and again ensured you were receiving treatment.

HOW have they failed you? Not only they haven't failed you but they went beyond their duty to ensure your health was being taken care of. That's because like many people, you didn't take care of your health yourself (you can get a heart monitor for £20 or so).

It really annoys me when companies actually provide a great service and yet some people have to find ways to justify that they have failed them. What did you expect them to do beyond what they did?

Hypertension is a disability? Really? On that basis there will be millions of able-bodied, well people that could be classified as having a disability.

I'm not sure what more they could have done. They couldn't be expected to bundle you into a car and rush you off to A&E, could they? They said your BP was too high, and just giving you the readings wouldn't have made any difference. I used to work as an employment lawyer but I wouldn't give you any more than a 30% chance of success on this.

They advised you to seek medical advice that day. They didn't tell you the numbers, but would it have meant anything to you? You ignored their advice. They took it again and again advised medical assessment in A&e and you ignored it and drove home? They fulfilled their duty if care. There was no negligence as you did not become ill due to your high blood pressure.

The unfair dismissal is a separate issue really

I’m struggling with your angle here.
So they weren’t medically qualified, told you to go to your GP twice (duty discharged, they can’t make you go since you are an adult and make your own decisions), which you eventually did, having ignored it to begin with.
How would you knowing the reading at the time instead of ‘it’s very high and needs checking’ have made any difference? Are you medically qualified?

Were you expecting someone to bring you home? Rather than having to drive yourself?

How is hypertension a disability? OP is making a mountain out of a molehill and is obviously looking for a payout.

Honestly... I think you should spend the time you are out of work trying to make life style changes to hopefully bring your blood pressure down on the hope your medication may be reduced or cease.

The company paid for you to have an assessment that as a result has put you on medication dramatically reducing your chance of stroke and heart attack... And this is how you thank them. I say that as someone who has bad BP.
Telling you how bad it was would raise your blood pressure further.. So pushing you to a GP that day is in my opinion fine.
You need to reduce stress in your life.... This is not going to help at all.

How is hypertension a disability? How does it affect your day to day life?

The biggest risk with hypertension is long term risk. You clearly didn't need to be rushed off to hospital.there and then or your gp would have sent you when you presented to them, rather than just prescribing medication for you.

It isn't clear to me when you advised your employer that you had hypertension, and that it meant you were registered disabled

There is no such thing as registered disabled.

There's an awful load of crap given out by so called experts on this board. Nobody should depend on populist "votes" as to who is an expert based on their own ignorance of the law. Jus because people post a lot and claim a lot doesn't make hem experts. If you are risking your job or money on advice, get it from actual experts and not keyboard warriors.