Work-Related

[Sonsonia91]

I had an operation last month, took two weeks off which was certificated by the consultant, but now I am being penalised for this at work and have a meeting with HR and management to discuss why I was ill (it was endo related) despite giving all evidence, do I have any leg to stand on? Or will I be treated like I'm making this all up and be sacked?

[Emma5397]

Al long as you have evidence for your operation there's not much they can do, take everything with you like appointment letters from your gynaecologist just to cover yourself? Was you signed off sick? If you take your sick note with you, and maybe talk to your gp, they might be able to send a letter to your mangers... I think its classed as discrimination if they get rid of you for having the time off, they wouldn't be able to sack a disabled person off for having time off cause if they're disability xxx

[Hidden]

No, they can't sack you if you have your Dr's note. They can tell you that they will only pay you 7 days and that the second week is statutory sick pay.

They can wonder if this is going to be a recurring theme, to which you have the choice to say nothing (unpredictability means you are not really hiding anything) OR you can share with them the document by endometriosis UK.org for employers. Do not say you are going to take more time off and that it's not your fault because they can say you are not prepared to make an effort. In any case, I would ask to have occupational health present at the meeting or to organize a meeting with OH first ahead of that meeting, I think OH is there to make HR understand that endo is a cyclical and/or chronic disability and instead of sacking you (if that's their end point), they must do reasonable adjustments to allow you to do your job properly; I think that it's only after all that that they can say that they made an effort, adjusted you, but you still have failed in your duties therefore they might have a right to sack you. tbh they would be stupid to do so as you could easily sue them.

So I suggest that you try to keep your calm and posture, look professional, only present your Dr's note,always show willingness to do your job 150% . If you are missing more time, it's not planned, it's not your fault so don't worry, they will do another meeting if they want to (it's just procedure really) at which you will do and say exactly the same! Good luck 💪💪💪

In the meantime, it must be disheartening to work for such ppl, so you might want to update your CV and contact a couple of recruiters you trust (if that's possible in your field)!

[sal-lew]

Hi, I am in the exact same boat as you. I was signed off for 3 weeks post op and actually returned after 2.5 weeks with no offer of a phased return etc. I was then told I needed to have an absence meeting but its ok because 'its just process'. Naturally my cogs started whirring because this 'just process' can lead to a disciplinary which is totally unfair if you have a chronic illness. They decided to postpone my absence meeting and keep an eye on me but it's bound to come back round sooner or later.

I spoke with my union rep, as I requested a referral to oc health which hasn't happened. He advised endo would fall under the equalities act and any penalising me for this would basically be discrimination as I have been up front and honest about the condition (I shared the endo uk employer info fact sheet with management too). He also emailed requesting the oc health ref which I still haven't had.

Personally I would be honest with your manager about your concerns, and your condition, and look in to company policy. I'd also sign up to a union if you haven't already just in case.

[Dee11]

Is the meeting definitely to penalise you or is it a sickness absence review meeting? If it's the latter, then it's just standard procedure for someone who hits a trigger point of having a certain number of days off within a set period of time. That meeting is to see if the company can get a bit more understanding about why you've been off and to see if any adjustments need to be made within the workplace to help you. I also agree that you should go and see Occupational Health before the meeting if possible so that they can prepare a report for your line manager and HR. Tbh I'm surprised they haven't asked you to do this prior to meeting with you.

They can't sack you for being off sick, as long as you went through the proper reporting procedure, otherwise you could get into a bit of trouble for not reporting properly (but still not sacked). They also can't sack you for being ill; but should your OH report suggest that you're unfit to work due to your endo and that you're not open to making adjustments or being flexible then they do have grounds to go down a capability route, so although in your OH appointment you need to emphasise how bad endo really is, you also need to highlight your willingness to work round this where possible. Even then, this wouldn't happen after one meeting, they'd need a fair few appts and meetings, and they'd need to make reasonable adjustments for you and offer a degree of flexibility over a period of time to see if you're able to still perform at work, so it's not instant.

That's a worst case scenario though and I've never seen or heard of anyone with endo alone having to go through this (I work in HR in a large workplace so see a lot of cases). Just go in to the meeting prepared with your hospital letter and fit note, and maybe an information doc on endo if you can't get to see OH first, and remain calm. Don't get too defensive and frustrated because chances are they're just ticking a box by having this meeting, so stay composed.

Let us know how you get on x