Advice with work/ HELP

So I had a laparoscopy 4 weeks ago to diognose and treat endometriosis in which I had a recto vignial nodule removed that thethered to my colon and uterus and also had two other areas in my Pelvis removed. I had two weeks off work and then went back for 4 days on reduced hours before I had a weeks holiday which was last week. I have returned to work today with another fit note for reduced hours as I'm still physically and mentally exhausted all the time. However my employer has refused my note from doctor in the basis according to their research I should be fully fit to return to work... I have agreed to do more than what is on Drs note and see how I go but have been told if I am not up to full time hours in next two weeks they will go down the fir to work route where I could be made to drop hours and step down from my management role! I really don't know where to go with this.... I love my job and I'm distraught with what's going on at the moment I would live nothing more than to be back at work full time and not have this horrid disease... Anyone got any advice for one very drained women at her wits end!!!

3 Replies

  • Firstly your employer is not a medical professional and is not qualified to make an assessment of how long it takes to recover from any operation. The guidance for Endo recovery available online is very sparse at best and relates mainly to mild to moderate disease. The type you have had removed is severe and the recovery time is more lengthy. I would go back to your gp and ask for a detailed letter as to why you require reduced hours to ensure you recover well. I would also go to citizens advice and disability rights uk. I'd also seek legal advice if you are on friendly terms with your solicitor. In short I would go through them like a tonne of bricks for even thinking of putting you through crap like this when you're recovering from major surgery. The audacity of some people, they can shove their 'research' it doesn't mean squat. Don't let them intimidate you.

    Hope you get sorted xx

  • Hi. You need to contact acas which us free as they are the employment specialists. You need to also check your contract of employment. Don't let them bully you they Ave policies and procedures in place that they Ave to follow. If you are in a union contact them. Citizens advice are also free and like acas as they deal with this stuff a lot. You follow your doctors advice, put it in writing to your employer in a professional non threatening way. Acas are probably the best bet journey an google them, may be worth phoning the. Also put in your letter to your employer that you have sught advice from acas or cab or both and they have advised... good luck. X

  • Hi, I worked for an employment law firm for seven years before moving to criminology - as noted in other posts, your employer cannot medically determine how long your recovery time should be and whilst indicators may be available, each patient is different.

    I wouldn't go down disability route as whilst you may well fit the description as per the Equality Act 2010, you are more likely to get away with sex discrimination as it is a disease which only affects women and thus are being treated less favourably (than for example a man who had a vasectomy - bet they wouldn't say how long he would have been off work for!). Also, if your work wish to challenge any medical note as to your working hours they must first refer you to occupational health and can legally require you to attend an assessment with them. Furthermore, you may wish to remind them that if you suffer an injury or your recovery is prolonged because they forced you to work beyond those hours deemed appropriate by your GP, they would be legally open to liability for said injury/exacerbation. This is because a GP's letter whilst not legally binding on your employer as such, their employer liability insurance would be invalidated as your doctor had informed your employer (via the sick note) that you should not be working over a certain number of hours. If they fail to adhere to those hours, then their insurance would be void. That's always a good way to get them to listen.

    Finally, if they continue to harass you, start collating evidence as to whether you are disabled under the Equality Act (e.g. I have been as my the deterioration means I now use a rollator but even before that, I was ill regularly enough to be included). it does not mean your employer has to give you lots of time off but in any event, they cannot fire you or force you to a lower paid position unless they follow their procedures and in the worse case scenario - you could claim constructive dismissal (where you quit because of their unreasonable handling of your situation).

    If you need to talk more, send me a PM and I will guide you through the process.



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