Good afternoon,
Having been diagnosed with endometriosis, my work have referred me to the occupational health department before facing a capability meeting. I’m a healthcare assistant in the NHS who does 12 hour shifts. Can I be fired from my job if I have a condition? My main point that I need help with is I cannot do 12 hour shifts and I need a job were I am sat down am I just better off looking for a new job and leaving or is there anything my work can do?
Many Thanks
Amber
Hi, the following fact sheet might help you and your employer, I’ve just looked at it as I’m off and been signed off for another 2 wks.
endometriosis-uk.org/sites/...
Fingers crossed x
Hi Amber. I’m a nurse in the NHS. First get yourself in a union if you aren’t already. Before the capability meeting you are entitled to have union representation I think. The OH part should be seperate as that is about your health. Take a look at the capability policy as well so you are read up on it. They cannot sack you at this point. They can raise concerns but things have to be done properly, so just you make sure that you have the sickness policy, capability policy, conversations of concern policy and your last PDR. How long have you been in NHS. Are you off sick? Don’t panick. Get help from a union immediately. Do not have any further conversations with any of your line managers with taking advice first. Don’t agree to anything yet until OH have reviewed you.
Hi elisepalmer71 thank you for replying. I’m with unison and the rep I’ve been communicating with seemed good to start of with but now he’s giving me one worded answers or not replying. Where will I find information on those policies? I’ve worked there about 9 months but worked in the NHS for two years. I’m off sick but due to go back on Monday just don’t know if I feel ready. Thank you I shall not agree to anything before speaking to OH.
Hi Amber
I would consider going back to your doctor today or phone them and ask for further sign off if you don’t feel well enough to go back. You must try not feel pressured by them if that is how they are making you feel. The policies will be on the trust intranet site. So if you have a friend that can download them for you and print them. Otherwise you could contact the hospital library and ask them to email them to you at home. assuming there is a library there. With regards to your union representative, go higher to his manager or head office and say you are unsatisfied with the responses you are getting, if that is how you feel. Obviously I’m just giving you guidance, so must decide what’s best for you. Remind them you pay fees for good representation. Hope that helps. X
Hi,
I've been through the same thing twice so I get how it all works.
Firstly; Your work are doing the right think by suggesting Occupational Health. You'll have a general call and be booked in with a medical consultant whom will run through your medical history, symptoms, how it affects your work, additional tests, time off work, illness and endo. Be honest and have every date for thing written down. They'll let you know they will file a report directly to your manager or you and your manager; you get an option to see it first, that's all, but can't change anything. This will be recommendations to your workplace of how they can help you. This will only be recommendations, work doesn't need to agree to it.
Secondly; Your capability meeting is a HR thing because you'll have exceeded their criteria for number of days off ill in a period of time or number of instances, it'll be in your handbook / contract. They'll present your sickness record and ask you to explain, this is where you need to be smart and think in advance. Get the employer handbook - link provided by Jue23, print it off and take it to your meeting. They should have found that if they want to understand your condition. If you can, get your endo specialist or GP to write a summary on formal paper of when you were diagnosed, severity, operation results and what they expect your ongoing treatment to be like, it could cost a little. Take that with you. Make sure if you're diagnosed and you know you've taken sick days off for your endo that they are logged as an existing condition - and that you have mentioned to HR / managers of your endo. If you haven't mentioned it yet, then look at your sick record and record and beside it note your endo days so they can be logged correctly. You will be asked how you feel about your job, stress levels. They're not looking to get rid of you but they have a duty of care to provide for people with a lifelong condition. So tell them everything. And do mention it is an ongoing condition so even post surgery you will still have some bad days.
Third: They cannot make you take holiday when you are off sick, so do not suggest this. If they offer it then they are legally in the wrong. They cannot force you to have treatment but may want to know what you're doing to help yourself - exercise, further tests, treatment, alternative therapy. They may want to know future treatment / lap dates / recovery times so they can plan your workload. You have options with how to manage work - if you know your endo is cyclical, i.e. around your periods, you can suggest keeping in contact with your manager / HR as to how you're feeling and see if you can amend your shift, reduce working hours, have a desk based job for a few shits, take the shifts off if you know in advance and work up time during your "okay" days so it doesn't add up too many sick days. It may be you need to agree to it being reviewed after each absence. See what options they suggest.
Fourth; they cannot fire you because of your condition but they can dismiss you based on your sick records and failing to meet targets. So you need to show ways you will reduce your sick records hence flexible shifts, desk work, and show how you can still be a valuable team member. You get paid, but you still need to do the work the company expects of you, that's all they want to know. A repeat capability hearing isn't a bad thing, but ask what the criteria are; what they need to have improved - you cannot have 0 absences, with your condition. They'll write a report of the findings from the meeting, and what's discussed.
Fifth and final; are you a member of UNITE, if you're not get yourself signed up, you are entitled to free discussions with someone that knows the legalities of the company in this situation. After 14 days of sign up you can meet and talk to a representative. You're allowed to take one along to your capability hearing so use that opportunity. Unite covers all employee problems.
Most important I feel is the letter from your specialist - as it's medical.
My work put me through two of these hearings. Occpational health suggested flexible working, and that I may need some time off for my periods, plus another operation / operations will be needed. Work ignored that the first time round. The second hearing; I was more clued in, got myself a unite representative to talk through the process and make sure I had everything I needed; letter from specialist said I - had a lap, had extensive surgery to remove endo, it is a condition that will require ongoing treatment, a second lap is booked, there will be recovery time for treatment, symptoms appear to be cyclical so there may be days where she will need to be off work - I checked my sickness records had not been updated with my condition so I went back to HR (at the meeting with that), also gave them the document for employers, my manager had it but not HR. We discussed flexible working as an option, if I felt my symptoms worsen during the day, so I could work up time when I'm okay. If I am off for a whole day that cannot be helped. It will be reviewed every six months. Obviously some of those days may fall on a weekend which I do not work so that's okay.
I believe half of the issue is stress, that plays a big part on endo and symptoms. So by having that flexibility and knowing how work will manage my illness meant I'm less stressed and so actually in the 6 months I've only needed to work up 3 half days flexi, and take one day off due to endo.
Regarding signed off sick after treatment / laps - you should take that time to be home and recover, if you need more time see your specialist or GP before your note ends to extend it and make sure it's still saying the same thing as the first so HR records it as an extension. Take as much time as you need because if you go back into work (I did the first time) and then end up needing more time off and another sick note it won't be logged as one signed off sick but two and have a different reason. Work cannot make you go back in before your sick note ends. You can however but if you are then ill in relation to the operation you will not be given any more sick time - so it'll be unpaid. Just and FYI.
Wow, that's long, hope it helps xx
Hi Fatahziya. That was great and very comprehensive and I would echo most of that. The two nursing unions that Amber could choose are RCN or Unison. They tend to be the ones who represent nurses and those who work in NHS.
Well done on getting your work to support you better.
Hi Farahziya , wow and thank you for replying. Luckily this time with OH I’ve managed to see the Dr/Consultant there but the previous times its just been the nurse. I will right everything and every date down to take to the appointment. Would my letter from the day of surgery count as it says diagnosis : endometriosis ? I’m booked in to see the GP on the 28th March and I’m going to ask to be referred to an endometriosis centre so will also ask for him to document something. Also because I had sickness before I was diagnosed even though when I’ve been off sick its been for an endo flare up can they change it to endometriosis flare? Unfortunately my gynaecology consultant was honest and said these next few months are not going to be easy as they have offered me the temporary menopause and will not know how that will affect me until I’m having the treatment. Thank you I will keep in mind about them suggesting annual leave for sickness. Thank you again for taking the time to write such a lengthy and detailed answer to my question and I am so grateful for everything that has been written, I’m going to reread everything you have written and get myself a nice pack full of facts and information to prepare me for this capability meeting. Xx
You can take that letter in but it may be worth calling the secretary for your specialist and saying you have a capability hearing and would like a letter saying about; diagnosis, severity, treatment like your hormones, next steps, considerations, how it will affect you ie pain levels, symptoms - stuff you've talked about at your 5 month follow up - if you had one, if you didn't get onto it and book one!
You say your gynae consultant mentioned the next few months may be difficult; ask if you can have that in writing, explain why you need it.
I didn't realise it was that long until I re-read it, whoops! Glad it's helping you get sorted.
Check out the Unite the Union and get yourself registered, there is a fee per month but they cover all work issues, talk with you about any of your concerns and where you stand, specific to your type of work and workplace. It's been really helpful for me.
Does working or being a long time on your feet worsen your pain? And has Prostap/Zolodex side effects made it a struggle for you to work?
Need advice ladies.. work & pain..
Endometriosis and working. Please Help me :( 
Work Balance 
