My employer maybe dismissing due to capability - Can anyone give me any advice?

I've had a lot of time off work because of my endometriosis (5 months in the past year) and during the last 3 months had a operation. I returned to work in Jan and had a Sickness Review Meeting yesterday, I was told that I would be taken to a Case Review Hearing and one of the outcomes could be dismissal. As you can imagine I am distraught and would welcome any advice from anyone. Thank you.

15 Replies

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  • PS I have to submit as much evidence as possible to support my case, any idea's?

  • Hi

    I know that employers like to see proof of appointments so maybe you could get a copy from the nhs of all your appointments and on the endo uk site there is a section you can print off which is for employers. I know how you feel, constantly having to justify why you need time off, I was asked by the director last week if I really needed to have the surgery, really!! I would prefer to keep my bits.

    From what I have read, they can't dismiss you for this reason (but don't quote me on that, there are so many loop holes and I am sure employers will find them).

    Keep you head up and suggest to them, what would they do if it were them?

    xx

  • hey, re they llowed to dismiss you because of an illness? isnt that discrimination???? My work hve turnt me into bank staff, so i wont get bd sickness record, ive been off since october and because im bank staff i dont get any ssp or any money coming in at all, its god awful! good luck to you nd i hope they let you sty!!!! xx

  • I found this online for you. Print it out and show your employers. Hopefully it will make their understanding of the disease a little deeper, and tells them how to help you.

    endometriosis-uk.org/downlo...

    Take care

    Aimee

  • Thanks all of you, I am mortified. Believe it or not I work for local government and I gave them the leaflet for employers ages ago and gave them another copy at my HR meeting. X

  • Do you have union representation? Also do you have sick notes to cover periods that you were off sick? I was off sick for over 6 months in a 12 month period due to having 3 operations due to Endo, my employer tried to be understanding but the processes weren't flexible. I eventually asked for voluntary redundancy as a way out.

    Good luck with your HR meeting.

  • I'm not currently in the union, but I have emailed them to ask if I can join. Yeah, I have sick notes for all my sickness over 7 days (self certs for periods that were less than 7 days). Thank you for your reply and advice.

  • Hi there, so sorry to hear about what's happening too you : (

    I had proof of my surgery , my diagnosis, my appointments and I was still going to be dismissed from my job which I had been in for four years. They're excuse was that although I had evidence , I was breaking my contract by going above the company's absence level. In the end I left before I was fired. Sorry I couldn't be of more help, take care x x

  • Also I was in my works union, I don't know if I'm allowed to say where I worked but it was a big supermarket beginning with an M x x

  • sorry this is discrimination and it is against the law for them to dismiss you and get all the documents and appointments you had to the docs, hospital, etc etc and prove it to them and there is a petition going and get the discrimination act for endo! i have signed it and see on the fb page and get the link!! "Endo Friendship Group" on fb like to like and it is a closed group and no one else can see it ok also join the union ok asap and good luck x

  • Its not nessisarily discrimination.

    Sometimes its not about whether or not you have been "pulling sicky's", sometimes it is simply about whether you are able to do the job or not so I think they can dismiss someone for health reasons if the health issue makes the person incapable of doing their job.

    For example if someone had alzheimers and they were a teacher, they may be making all the effort in the world but if they can't remember the lessons or mark the work and reasonable levels of support from the employer won't help them reach the required standard then they can let people go.

    The same goes for if someone cannot attend their workplace due to illness, its not always about employers trying to claim that someone is "work shy"...

    I would suggest that an outcome could be an agreement that you should attend appointments with an occupational therapist who could work with you on how to make this employment work for you considering your health needs and your employers needs.

    Some employers will get an occupational therapist for you but maybe you could get one on the NHS if not? (assuming you are from the UK).

    Its is a reasonable effort for a company to allow you time to work things out using an occupational therapist, they can be very helpful and usually they are impartial so thats also nice for you.

    Good luck and I hope your employer is treating you with the compassion you deserve regardless of what the outcome is.

    xxx

  • Hi there,

    Firstly, I am so, so sorry you are in this position - it is enormously stressful and horrible to have to go through these things for something that is not your fault. The most important thing to consider is your health and your employer would, in considering your health, have a duty to you to consider whether you can continue in your current role because of your endometriosis. There may be a number of things they can do, such as making adjustments to your role, your hours, working from home etc - but it is also possible that they may be unable to make such adjustments depending on your role. Crystal Willow has given a really helpful reply above and I agree that an occupational therapist would be really useful.

    Having been down the 'reasonable adjustments' route myself (this is set down in law in the Equality Act), I would say being really honest (hopefully with occupational health) about what you feel you can and can't do is useful - but to bear in mind that you may feel differently in a few months time as it sounds like you have been through a lot recently.

    I really hope things get better for you and I hope that you get an outcome that works for you.

    Take care,

    Carol xx

  • I had this kind of problem with my work place. They pointed out I had been having a lot of time off sick, I went to see the consultant and ended up having massive surgry again. Afterwards I tried to get back to work as they said before I went I would get full pay for my recovery which should have 2-3 months I went back after 2weeks under pressure and went off again and got no money from them. I couldnt afford to live like that. I was single and had bills to pay. I kept trying to work and couldnt so they started trying to get rid of me. I made myself so sick just trying to do what they wanted and it was so hard I was so depressed. In the end I went part time as a comprimise and said I could build my hours back up to full time but I left before I got that far as I just couldnt take the filthy looks and snide comments anymore.

    Working part time is an option though if they will allow it.

    xx

  • Firstly, the law is a grey area as highlighted above... i will go into that in a bit. secondly, has your employer made any 'reasonable adjustments' for you? Endo is/can be a chronic illness and as such *may* come under the definition of a disability - and therefore you are covered by the DDA (disability discrimination act). It is not for you, nor your employer to decide if it's a disability... this is done at an employment tribunal, which you should not be afraid of heading for if necc.

    Now, get yourself in a union. you cannot and should not fight this on your own. As a disability the law states that the sick days you have due to a disability CANNOT count against your work record. Also, that your employer has a duty of care to make 'reasonable adjustments' for you to do your job. (remember, that's IF it's a disability... something that cannot be defined by you nor your employer, but a medical specialist), if they haven't made reasonable adjustments for you then they are acting outside of the law. they must do this BEFORE making any capability claims.

    Work on the basis that this IS a disabilty, it's then up to employer to prove otherwise via a tribunal (advice from Human Rights and Equalities commission)

    hope this makes sense. i cannot emphasise enough how much you NEED to get a good union rep - DO NOT GO INTO MEETINGS WITHOUT REPRESENTATION!

    x

    from someone who has been through this.

  • Hi going through a similar situation, can you please tell me what happened and how u dealt with it!

    Thanks

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