I've been off work now for 17 weeks and on Tuesday got asked to attend a meeting with work. basically they told me that as I can't give them a date when I will return to work then I will be terminated due to ill health. I've worked for the company for over 17 years and over the past few years had a lot of gyno problems etc been off with bad period pains and when I had a hysteroscopy and kidney infection. I've been diagnosed with stage 4 endometriosis and during the past 17 weeks been off as developed cluster headaches which are very severe and I get most days and recently had a scan that shows a 4cm cyst on my ovaries that is bleeding out which ive been tested for cancer which came back as benign.
I'm waiting to start prostap 3 injections and tibolone hrt which I was supposed to start this week but now been pushed back to next month as doctors messed up my period dates. My Gp didn't want me going back to work till we knew the side effects of these injections and how they react with my cluster headaches.( I'm still waiting to be seen by neurology ) occupational health have also said I'm not fit to go back to work yet but the company have said I've had more than enough time of to get diagnosed and they can't keep my job open. They reluctantly agreed to wait for me to start my injections but I have another meeting on the 1st of September where by if I can't give them a date I will be returning, then my contract will be terminated and I will be given 12 weeks severance pay along with any hols which will amout to roughly £6.5k so won't last very long maybe till Xmas? I told them that hopefully the injections will stop my pain and then next year I'm already booked in with my consultant to have a hysterectomy which again they wasn't to happy about saying that would be another 8 weeks of work minimum!
I've contacted acas and they are looking into discrimination due to my endometriosis and cluster headaches? Has anyone had a similar account with work ? Or know if endometriosis is classed as a disability? Or my cluster headaches? I ve looked at the equality act 2010 and think it can be classed as a disability as it affects my day to day activities and also my cyst and endo scar tissue if left untreated can potentially develop into cancer ?
It has left me very distressed and not helped my mental health at all. I don't think I will able to get a job in the next few months with my ill health and having time off for my hysterectomy next year won't look good on any potential new employers 😔
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PurpleChase39
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Hi I’m so sorry you’re going through this!! Endo isn’t always classed as a disability because it affects everyone so differently but in your case I’d say it’s a disability as it affects you daily! Surely your work can’t just sack you because you’ve had ‘too long’ off?! That’s ridiculous!! It’s not like you’re choosing to have time off, your GP has signed you off work, I don’t know what the expect you to do tbh. Definitely look into it because it could be discrimination. Hope you get to the bottom of it and can get some help with your pain in the mean time! Xx
Yes thats exactly what they're saying they said I've had more than most people off and they only keep jobs open for 3 months and I've had 17 weeks. I don't know what else I can do 🤷♀️ I've been really bad all week with pain and im on codeine and naproxen thats not even touched it. Work thinks because I'm getting 6.5k I should be grateful?
I'm waiting to here from Acas so hopefully I will be able to make a claim. I was stressed about starting my injections but now I'm stressing about this.
Thank you, i hope so to x I know I think they trying to chance it and get rid of me! Thinking that I would just roll over and take it 🤔 that's not in my nature. If I see injustice, I have to act. I'm currently collecting all evidence and writing a letter of appeal to my area manager stating my disability and how I believe I've been unfairly treated.
Hi,yes. They told me one day after my night shift that because I am often sick they won’t keep me. I wish I’d recorded it and sued the hell out of them! Ladies out there, record everything! Sorry to hear and I hope you’ll find a more understanding workplace. X
I hope your ok and managed to find something else ? Did they not document anything before they let you go ? Had you worked with them for over 6 months ? After 6 months there are certain policy's they have to follow that needs to be documented for anyone regarding dismissal. X
Hi,I did worked there for 5 months or so. That whole place is a disgrace,I am glad I am not working there anymore. They are treating workers and guests (it’s a hotel) like dogs. They have not documented anything, they also faking working hours on the daily basis.
My sis is a good employment lawyer but i don't want to be advertising for her just have a look in your area. If your sis in law is a lawyer she'll know on the grapevine who is good near you. You really need to talk to someone who knows the law inside out.
Really hope you can get somewhere. A lot of people get cracking apy outs if they take the right advice, good luck. xx
Hi my husband asks are you in a union?, he's a union rep and he's stated that it doesn't matter if you've been off 1 week or 1 year you don't have to inform them of a return to work date if a medical professional has signed you off especially if it's under the umbrella of 1 condition which the headaches maybe a sideaffect of your endo, it sounds like there just trying to get rid of you on the quite,
No unfortunately we don't have a union at work. Yes, I think they are trying to get rid of me.That's reassuring to hear. I didn't think I had to give them a return date. Think they just trying to scare me into signing the papers and leaving quietly.
The Equality Act does cover disability for endo on an individual basis. An employer must make reasonable adjustments which in your case would be extending their normal sickness leave triggers or offering for you to work from home if this was appropriate. But there are no clear guidelines as each case is different. According to UNISON:
'There is no clear guidance in the Employment Code as to how much extra absence it would be reasonable for an employer to allow. It all depends on the circumstances. Relevant factors would be:
* For long-term absence, how long has it been so far?
*What is the prognosis, short and long-term?
*How is the member’s absence covered?
* For intermittent absences, what is the member’s non-disability-related absence record?
*What is the member’s disability-related absence record and how does it compare with any additional allowance given to the member for disability-related absence?
* For how long has the member had this level of absence and what is likely to happen in the future?
* What difficulties are caused for the employer by the member’s absences?'
This is very difficult as you aren't really able to say when you will be able to go back and a tribunal will take account of the effect on the employer. So if you have a rep it is probably best to let a tribunal decide.
In terms of your treatment have you had expert excision in a specialist endo centre and has this failed to help your pain - have they decided that prostap is the only option left?
Thank you for the information. I do understand from an employer's point of view that they need to provide cover and this would be difficult for the company to continue into the unforeseeable. I just think its a bit 💩 when I've worked for them for over 17 years and they haven't taken that into account.
I've only had time off the past few years with gyno problems all due to my endometriosis, which was discovered when they removed my copper coil that had been embedded in my uterus for 15 years.
I'm under a specialist gynaecologist at a private hospital ( referred through the NHS) who's giving me the prostap as a last resort. I've had 3 c-sections (1 where my scar tissue ruptured) and he's told me anymore abdominal surgery is to risky as my organs are stuck together. Even laparoscopy he's said no to as he said they are likely to perforate my bladder or bowl. He doesn't really want to give me a hysterectomy as that may cause more issues then I currently have. But offered the prostap to see if that will help with my pain. If it does then he will try just to remove my ovaries.
I know it's really hard. I had to give up work after 16 years but was at a stage where I couldn't function so I had no option. I hope you can get past this and resume your work.
Is this specialist in a specialist centre as it is NHS regulations in England that you are only treated in a tertiary endo centre for severe endo and if he isn't he shouldn't be making this decision. Unfortunately prostap isn't a reliable 'test' to see if removing your ovaries will work as endo, especially when severe, makes it's own oestrogen that isn't affected by the ovaries. Prostap can often help with pain simply by stopping periods but if you have pain at other times removing your ovaries won't have any effect. I really would recommend that you have a second opinion in an endo centre (if he isn't a part of one) as they operated on severe endo all the time. I'm putting the link to the NHS England treatment specification and list of centres for reference in case you feel a second opinion would be useful.
Im hoping i still can continue to work yet. Im only 39 and thinking i may be able to do some kind of work, working from home ? My current role I'm on my feet all day which doesn't help.
Thank you for this I'm going to contact my gp and see if I can be referred to a specialist in endo. I do have pain most days and it's particularly really bad before, during and after my period.
Remember it is a specialist centre, not a single specialist. And it is called a Prescribed Specialised Service in tertiary care under The Health and Social Care Act 2012. They can't refuse to refer you as it is an actual requirement underpinned by legislation and the specification I linked above confirms a GP can refer you. They need to refer direct and not through the normal E-referrals by sending a letter or email with attachments such as scan/lap results requesting that you are accepted into the service as you fulfil referral criteria (confirmed severe endo). Pm me if you have any problems. x
Purple Chase. So Sorry to hear your having things so rough & employer is playing it hard ball. Stay strong 💜
In my country you can contact the relevant union and join for assistance at same time, they will hold them accountable. It sounds wrong for a long term employer to behave this way and these things can feel quite personal.
Yes flexible work options can level the playing field for women living with this stuff. It’s hard to feel good about your skills when in pain and mental health from being treated badly, but I’m sure you have much to offer. Just remember to look after yourself first. We have all probably learnt what can happen if you don’t in the past, when fighting inflammation and making some very big medical choices…
Lindle - long, long, long term fan & learner here. I realised it was you from your writing, as I immediately wanted to search the exact phrasing you have written to learn more… Great to see 💜
Also wondering if you are in the union? They can advise you if your employer is following the law and their own policies and procedure in this regards.
I started a job Aug 2021 and the usual 6 months probation contract and then kept on afterwards if it worked out. I'd also started the decapeptyl injections at the same time and I had the worst time ever on them. I was supposed to have 3 x 3months decapeptyl injections but my GP refused to give me the 3rd one as the migraine, swollen legs, nausea, pain I was in was awful. I tried not to take much time off and when i did I was signed off by the gp with certs stating my endometriosis and I had told them about it. So exactly 2 days before the end of the 6months contract I was out sick again and I got a phone call from work saying 'I was a great help for them but they would not be keeping me on. My contract was up and I was the only one on the 6months contract ' when I reminded her that everyone in the company started on the 6months contract she lied and said no it was just me. I asked the others who'd signed the same contract as I did and they were all kept on and we're shocked to hear I was let go.The company was allowed in this case as it was the probation period but I had no leg to stand on. I've not had much luck with work and I'm still being declared unfit for work by my GP. I hope you're lucky with the injections.
That's awful behaviour from the company 😳 this is my worry starting up again with a new company 😕 unless you've worked for them over 2 years they can unfortunately end your contract and it's very hard to prove they dismissed you due to medical grounds. It still could be possible though to see if you have a case? as disability discrimination doesn't matter if you've worked for them for 1 week or more.
🤞my injections help me. Sounds like you've had an awful time on them. This is my GP worry that not many people react well to them ? I just hope they help me with my pain and headaches xx
Oh no in Ireland they were allowed to do it as its only recently endometriosis has started to be known about. It wasn't my first time on the injections but it was definitely the worst and the last. Definitely think this time they've left an impact on me, I still can't regulate heat , I'm not able to tolerate above 19degrees so I now hate summer. My GP is concerned that as stress is a huge trigger for my endometriosis followed by sugar that being at work trying to keep working just drives my endometriosis so he's refusing to declare me fit for work.
You just need a good lawyer. Anything that impacts your daily living longterm is a disability. The fact that they mention you taking more time a after a hestoractomy that is discrimination. All the best. They can't just get rid of after 17yrs you need to fight.
My own experience is that yes, they can dismiss you if you are not able to do the job/ there is no reasonable prospect of you being able to. I was dismissed in these circumstances despite 30+ years there, but I could not say if /when situation would improve. I was helped though by them keeping me on long enough to claim early retirement.
If you have a disability they have to make reasonable adjustments to help you.
You are not in the same situation as me though as you are having active treatment. Definitely one for a lawyer’s advice.
So Acas have come back to me and offered me advice. I need to take up a grievance with my employer stating that I believe I've been unfairly treated with my endo and cluster headaches and give them 7 days to respond.
My works also sent me my payslip this month which shows that I will be getting paid £0.00. This is with a sick note, so they aren't even giving me my ssp. I contacted my manager and asked her to find out why? as by law I should be getting that at least as a minimum. They've given me a case number and said they are looking into it?
Acas have said that if my pay isn't in my account on the Tuesday (my actual pay day) then again I have to write or email them my grievance, stating unlawful deduction of wages.
I've been upset past few weeks with it all and my mental health has taken a serious nose dive. 😔
Acas think they may have dismissed me? As I haven't had any paperwork regarding my last meeting and now no pay ?
I'm writing out my grievances over the weekend. After the 7 days, ive got to contact Acas again who will help with the next stage of taking them to an employment tribunal.
Think it's going to be a stressful battle but hopefully one I can win...
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