They knew I was sick at my interview, can they fire me?

I started my job in August and I told them at my interview I was sick so they knew before I started.

My sickness was high (dr note for every single day) so I had a meeting with HR, they gave me a target of one sick day in 3 months. I broke that so I had another meeting with HR where they set me the same target.... Iv been off for 3 weeks now and I'm pretty sure I'll loose my job when I go back. I work for the NHS you think they'd understand? Also I'm waiting for my laperoscopy and they have told me to take it as holiday so it doesn't go against my sick record.

Iv been applying for this job for 6 years, it will destroy me to loose it x

13 Replies

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  • This is awful Jofus 89 but try not to panic. I have friends who work for the NHS and I've heard that it is very hard to get sacked from the NHS. Which I would take in your favour. Is there a union in your work place? In teaching (my profession) we can have 100 sick days (or thereabouts in one school year; that's out of 200 teaching days and 100 holiday) before your pay is affected and if you need help with work related issues like this we all belong to unions and ring them up. So that is a LOT of sick days proportionally isn't it? That's half of your working time. There must be similar rules in your profession so I suggest you find out what they are and whether you've surpassed them or not. Good luck Jofus. Am rooting for you x

  • Morning, I am going through exactly the same thing and am sorry to see you going through this as if it's not hard enough with Endo anyway. My situation is a nightmare, I was getting treatment at the same hospital which I work in and lets just say I was unhappy with the care, waiting 4 years for diagnosis of a cyclic right hip/leg pain and then the treatment I was given was intolerable. I since was referred to another hospital and now need hysterectomy and there may be something wrong with my kidneys. The difficult thing is the delay in diagnosis and treatment leads to the amount of time off and its so unfair that we get punished. I even tried to go private but could not afford insurance due to pre-existing condition (had gynae problems in the past, undiagnosed endo) so no choice to use NHS. Anyway I am facing a meeting on the 1st of April to discuss 'the way forward' however my union rep has said that they do not want to hold my position open for me any longer, they can apparently use the 'Capability due to Ill health' reason for dismissal. Considering I see it as the hospitals fault for me still being in this position I think it is all really unfair. I will let you know how I get on. Unfortunately HR workers/ managers are a completely different species to those working looking after patients, Do you have a union rep? It was the best thing I did asking for help. They cannot force you to take sick as annual leave I think its illegal actually. Please don't just accept everything they tell you, even if you don't feel like it you need to fight for your job at all costs never agree that you will not get better because you will one day xx

  • Im having a similar problem. I work in nhs too and am struggling to keep my job due to the amount of sickness with the endo. They are not understanding with our situation. I haven tried all sorts to keep at work but recently was off again after starting zoladex. The side effects knocked me for six but all my boss could say well I dont want this happening every month!. Neither do I. I do symaphise as I worked hard to get where I am and dont want to losemy job.

  • Hi everyone,

    I work in HR and have Level 4 Endo and can related to all your comments. I would advice if you can financially, to consider flexible working which may help to manage your Endo and may also help to reduce your sickness levels. In one post it was suggested to take annual leave for the Lap, that is now an option but your employer can not make you take annual leave it is your chose and yours only ( just be mindful that you big up annual leave at 2.4 days per calendar month).

    There was another comment regards 'dismissal' through 'capability due to ill health' this is correct, but just remember this is after all reasonable adjustments have been considered. (If you work for a small employer, it is harder to make reasonable adjustments) so if are dismissed and appeal and then log an ET1 then the size of the organisation is looked at, a review of all the adjustment etc... And also what the employee has done to help themselves as well.

    Something else to consider, your GP can now refer you to an occupational health adviser to review your capability and review your working environments, following that assessments the OH will write a report and submit it to your GP, employer and you as the employee. It's something else to consider it came into place in February this year.

    gov.uk/government/uploads/s... (it is an 80page document, but explains everything that is in place by the government)

    I hope this information helps in some way, during this very difficult time.

    I'm currently on a phased return to work since November (did have another month off in Jan for my Lap) but can only manage mon/wed/fri 4hrs per day.

  • Is there any protection for us under the disability discrimination act?

    And is there any guild lines for 0 contract employees?

  • If you have been diagnosed with Endo and your condition has gone on for over 12months then yes you would be more than likely be covered under the DDA and equality act 2010. However this what I mean by reasonable adjustments but on both sides.

    I know it's very hard to get your head around all of this, put I would strongly advice to sit down with a good union rep and a good union rep will have a very good understand of DDA and all HR policies and procedures for your organisation.

    Zero hours - m.acas.org.uk/index.aspx?ar...

    Hope this helps, good luck

  • Thank you very much. X

  • Your welcome and good luck x

  • I really agree with the above user. It's better to be realistic, try not to panic and control the situation perhaps by asking if you can do reduced hours. That way, they will relax more and you can have days in the week when you can recover from pain.

    I gave up my job voluntary last year as felt too ill to continue. It was silly really, after 13 years of dedicated service and I threw it away because I didn't think outside the box, and was too fearful of asking for reduced hours. I thought it had to be all or nothing, but it doesn't have to be that way. If they see you being proactive that way, it might calm them down.

  • My boss just called me and asked me when I'm coming back. I explained to him that it's my latest prostap injection that's made me so poorly so the dr has signed me off until my next one which is tomorrow as a precaution. Iv asked him to organise a meeting with HR so I can have my day and ask them to just hold with me until my lap. At least then I will have an estimate on how long it's going to be until I'm at a manageable pain level. I'm going to turn up with a load of info on endo and prostap and hopefully get them to understand a bit better maybe. I'm also going to ring my union and ask there advice x

  • I am a manager in the local authority. I have stage 4 endo, Left un-diagnosed for years. I work under a flexi policy and would spend 3 wk out of every month in pain. However I still dragged myself into work, I feel making your self do something can get u through the day. On days where I was doubled over in pain I would call in sick for the morning and when I managed to bring my self round I would go into work in the afternoon. If your employer sees you are making an effort when you can, they will support u. I had a lap in November and had a 2 week sick note to cover this. After 10 days it drove me insane. I negotiated a phased return with my manager in part time hours and doing some work in a quiet room while someone covered my role. After a week of that I was back to normal n started the zoladex. I've now had 6 shots and I've had no pain, I've had broken sleep patterns because of the night sweats, and more than enough hot flushes, but that was much better than the pain. Everyone notices the difference in me I'm not drained and I'm always enthusiastic about my work. So the support they give me pays off.

    Governments have a legal right to protect public funds and unfortunately if this means that they are paying your wages and you are not for for work they will have a policy to follow in which rules and guidance will be adhered to. Your union will also support both parts of the decision making process and will ensure best decisions are made for both parties.

  • Hey all, isn't endo covered under the equality act as a disability?

  • Yes, but within reason and I know it's difficult time for us all but we still need to be mindful of this. Please see my comment above for more advice on this matter.