feeling unsupported : has anyone with... - Endometriosis UK

Endometriosis UK

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feeling unsupported

wookyone profile image
17 Replies

has anyone with endometriosis ever been dismissed by their employer and what did they do .

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wookyone profile image
wookyone
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17 Replies
MillyMe profile image
MillyMe

I was diagnosed after going self-employed so can’t give a personal experience, but Endometriosis UK have a guide for employers...not sure if you could send it to your boss so they realise/have to accept that it is a proper medical issue and thereby I assume, to be treated as any illness would be: endometriosis-uk.org/sites/...

Moon_maiden profile image
Moon_maiden

I’d echo the other post with the guidance, also speak to ACAS. It depends on how bad a condition is whether it comes under disability and the work place making allowances.

It will depend on your experience, contracts, policies as to whether there are things going awry.

wookyone profile image
wookyone in reply toMoon_maiden

Although my edometriosis is severe I have had one miscarriage and a ectopic pregnancy due to it resulting in a fallopian tube being removed my employer throughout this have not supported me I am a healthcare worker having to conduct procedures up to 3 hours a time standing I have also had the embarrassment of bleeding through my uniform unable to be relieved and to clean myself while being asked why I needed to leave the room being embarrassed in front of work collegues procedures not being followed and and policies my manager saying they had put something in place when nothing had since Nov 2019 this is now with the union

Moon_maiden profile image
Moon_maiden in reply towookyone

Sorry you’ve gone through so much.

To me the company hasn’t looked after you and should have made more of an effort, and although I don’t know specifics of the policies, from what you’ve said it brings into question health and safety as well.

I would get independent advice from ACAS, not just the union. It’s up to you, but they are a fully endorsed organisation who’s help is free. (Be careful of private companies whose names are similar)

If it’s a large firm they may have occupational health. This would be an important part of the process.

Let us know how you get on. Good luck

wookyone profile image
wookyone in reply toMoon_maiden

Not only have I had to deal with this painful condition the way I have been treated by my employer over months has had a impact on my mental state too all the stress of them reminding me everytime I was sick some days I literally crawled into work high on pain relief I went in as I was terrified of losing my job my employer is the largest health care provider in UK

Moon_maiden profile image
Moon_maiden in reply towookyone

Have you spoken to HR? There are times when supervisors and managers don’t have a clue about responsibility to the employee as well as employer.

HR is there to make sure the right legal and ethical systems are in place for everyone.

Mental health is huge at present and can be classed as a condition that has to be considered very carefully by employers.

Let us know how you get on.

wookyone profile image
wookyone in reply toMoon_maiden

Yes HR were at the stage 3 meeting my union rep tried to put the meeting off until a occupational assessment had been done they refused this and said the meeting should go ahead the last occupational assessment was done back in Nov 2019 and anything put in place was not kept the support that was put in place could just fell apart due to short staffing lack work wear to change lack of adequate changing and toilet facilities a request for lighter duties while the pain and bleeding was at its most extreme was dismissed which resulted in me having to work all day in soiled work wear as there was none to change into there are too many points to note

Moon_maiden profile image
Moon_maiden in reply towookyone

You seem to have a lot on your side for potential unfair procedures. How much help are you getting from the union at the moment? What stage are you at currently?

The fact you had to work in soiled clothing is horrendous.

wookyone profile image
wookyone in reply toMoon_maiden

It's at the appeal stage at the moment then it will inevitably go to the tribunal stage

Moon_maiden profile image
Moon_maiden in reply towookyone

Hopefully at the appeal they’ll see sense. I’d contact ACAS just to get independent advice. Companies hate them more than unions as it’s more a government type organisation.

🤞 for you 🙂

wookyone profile image
wookyone in reply toMoon_maiden

Yes I find that unions seem to be more for the employer I wonder sometimes who is paying them also I have found that I have had to compose all the letters and response with little support if I did not have a supportive family I don't know where I would start or what to do my union rep just came back with now draught up a appeal letter and basically left me to it I sent the finished item for him then to amend

Rjb_88 profile image
Rjb_88

If you’d like any advice I am a HR manager and happy to help!

You can be dismissed due to long term sickness or attendance, regardless of it being a long term health condition but the employer needs to demonstrate that they have done everything they can to support you and to make adjustments in line with employment rights, as well as show that their treatment is consistent with others in the business who may have a different illness / been long term sick before. It would be harder for them to dismiss if it’s based on levels of absence rather than long term sickness and being unable to return you to work x

wookyone profile image
wookyone in reply toRjb_88

Hi can I ask your advice although I had a occupational health assessment back in Nov 2019 when a stage 3 meeting was called my union asked for another occupational health assessment this was refused by the manager and the meeting went ahead from the last assessment occupational health put things in place to support to which some of this could not be followed through on my employers part some of what was requested could not be met also there were other employees on the unit who needed special requirements due to health and received them

Rjb_88 profile image
Rjb_88 in reply towookyone

Of course :)

With occupational health, organisations are under no obligation to follow the recommendations, if they aren’t able to make adjustments. I would ask for a meeting with HR present and explain that you’d like to understand why they are unable to make adjustments as per the occupational health recommendations, and you’d like the meeting to be minuted and the outcome in writing.

Are the adjustments they have made for others similar or the same to the ones you would need too? If they have chosen not to make adjustments for you which they have made for another, then you would be able to raise a grievance or, dependent on the details, resign stating you are unable to work in the role as the employer refuses to make adjustments for a long term health condition to enable you to continue in your role and then contact ACAS to start conciliation for constructive dismissal. You need two years service to bring constructive dismissal cases, unless you have been discriminated against due to a disability or other protected characteristic. You would have a strong chance of demonstrating that endo is a long term health condition which impacts every day life and should be covered under disability but this will depend on your own medical records / condition.

Hope that helps a bit? X

wookyone profile image
wookyone

In Nov 2019 recommendations were put in place by the occupational health however due to such things as staffing PPE shortage many of the recommendations could not be followed through not only that it's not great when collegues are questioning why this why that and it's been made obvious they have been made privy to my condition as one statement made was awww are you on a period again this is not what you need not only that I requested lighter duties for when my condition is causing difficulty this was refused I do know that another on my department has been given such adjustments I have appealed the decision to dismiss me and will go forward now with a tribunal also last year I applied for another job which would have fitted in with my condition however my manager gave me a reference based on her opinions on me and my sickness rather than fact they were about to employ me then when they received her reference they withdrew the offer I put in a grievance about her and to put the icing on the cake I found another employees sicknote on my records not only have I had to deal with my heath condition but the total lack of understanding and incompetence of this employer who have also created stress and anxiety

Rjb_88 profile image
Rjb_88 in reply towookyone

What were their grounds for dismissal and how long have you worked for them?

wookyone profile image
wookyone

Worked for 7 years they knew about my problems from when I commenced employment with them and they dismissed me on my sickness

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