Written Warning for Absence due to Endo - Endometriosis UK

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Written Warning for Absence due to Endo

Nofrills87 profile image
8 Replies

Hi all,

Due to my sickness days at work, I have received a written warning. Before this had an occupational health assessment which I feel did nothing considering I still received this letter. Why do employers make you feel like they care then turn around and make you feel like crap for something you can't help!?

Was diagnosed in 2020 through diagnostic laparoscopy and then didn't have symptoms for 8 months which was bliss but then it's since come back. I'm due for an internal ultrasound (even though I already had one at my local surgery) but apparently the one at the hospital will be better.

I am truly sick of this and angry that my job has made me feel even worse for taking time off for this. Any advice is welcome as I just want to tell them to eff off!

Thank you!

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Nofrills87 profile image
Nofrills87
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8 Replies
Jazzransom profile image
Jazzransom

Have your provided them with a written note from your doctor regarding the diagnosis? As far as I’m aware if you’ve notified them of a health condition that requires time off they can’t legally count it against you in terms of absences. I’d call Acas and get some initial advice because they could be winding up to dismissal (happened to a girl at my old work who had cancer which came back straight away). I quit after that because I knew that my endo would mean nothing to them if they can let someone go with cancer. And people in our position don’t usually have the energy or motivation for an unfair dismissal battle.

Anyway, I’d get some initial advice and make sure you have a note from the doctor if you don’t already. If the workplace can’t make reasonable adjustments (like working from home) within your job role then they don’t have to, but they do then have to allow your extra absences because they haven’t made it possible to work when you’re suffering. Does that make sense?

It makes me so angry, people don’t understand endo and employers need to get with the times because it’s so common and we are a large part of the female workforce! Xx

kitty270 profile image
kitty270

Hi, employers are awful when it comes to mangaging sick people. We are a burden to thier business and if they can get away with not having to deal with us, they will try it. My advice is that you are unfortunately coming up to the crunch point whereby, as our disease is not listed on the Disabilities Act we have to prove it falls under the criteria. Unfortunately your employer has gotten advjce on this and has been told that if you can prove longterm disabling symptoms, as endometriosis causes, then they have to work with you and put asjustments in place to allow you to continue to work. That crunch point is 12 months. You are at 8 months so they are taking steps to avoid thier duty to their employee. My advice is to join a union quick. You need support and you need legal advice/assistance before they underhandidly try to determine you incompentant at you job and try to dismiss you before the 12 months is up. Once you reach 12 months legally they cannot sack you as your symptoms will fall under the disabilities act and its against the law to sack someone for illness protected by this act. You need support to show you have already passed the 12 months as diagnosed in 2020 and that the duty of care is already there. Only a union can do this with a legal team. My advice join a union now before they go to far. Sorry its not great news but i have personal experience of this. I wish you the best of luck and i hope you get stop this beford its is too late. Take care 🙂

Avourneen profile image
Avourneen

Two things that should help, speak to an employment lawyer and see exactly where you stand, and talk to your gynae and ask for the progesterone only pill. This will stop your periods (but you might have to take two per day for it to do this) and that will really help with the pain while you wait to see what to do about your recurrent pain. Good luck.

Moonglo profile image
Moonglo

Hallo, I totally agree with the advice about speaking to ACAS and joining a union. Bear in mind that you’ll need to have been a member for a period of time (like a month) to qualify for support from a union.

Moreover, write down a timeline of events. Your main starting point could be your diagnosis, tying in every work absence with your symptoms, hospital appointments, surgery, etc. If you have any of those appointment cards, keep them (or if you subscribe to the online appointment system, you might be able to extract those). Include how you felt physically and mentally. Gather as much evidence as you can and write it down.

Of course, the other option is to seek legal advice directly, but that can be expensive. I also have experience where a manager was effectively setting me up for unfair dismissal and was even lying to me about her decisions and HR’s role in the situation. As I wasn’t a union member, I had to go to a lawyer for advice. Best £200 spent (but it was only an hour, ouch!). However, the timeline he suggested I write went a fair way to convince HR to have a word with my manager, who had to agree to my request to go part time.

Dee_EndoUK profile image
Dee_EndoUKModeratorEndometriosis UK

Hi Nofrills87

Sorry to hear you're feeling unsupported by your place of work - it's bad enough feeling unwell and unable to work, let alone a lack of understanding from your employer.

It's great to see that several members of our community have already reached out to you with advice. If you haven't seen it already, we have a comprehensive document on our website about a guide to your rights at work. This can be downloaded from endometriosis-uk.org/resources. It also has the telephone number for ACAS - this is a totally free number and well worth calling to chat about your situation.

Wishing you all the best x

bluebug profile image
bluebug

1. Join a union asap. (If you are lucky the union may help you sooner but some reps are not much help.)

2. If you are sick and off due to endo, or have medical appointments due to it make sure that you clearly tell your employer in writing (email)not just a phone call why you are off. Also if possible get evidence from that healthcare provider. This is to ensure you have proof of their discrimination if the issue escalates.

3. Tell your employer clearly in writing (email) that you have a disability and that you are covered under the Equalities Act. Also state you need reasonable adjustments. This is to ensure you have proof of their discrimination if the issue escalates.

4. If it has already gone too far and they are discipling you then you need to pay an employment solicitor. This solicitor should write to your employer on your behalf stating point 3 if you provide the solicitor proof that your employer knows you have a medical condition.

I should add this is generic advice I have given to people before after having issues myself with an employer years ago. Companies don't want to be hit with a employment tribunal for disability discrimination, so if you have to use point 4 things tend to get sorted out.

TogetherWeAreStrong profile image
TogetherWeAreStrongModeratorEndometriosis UK

Hi Nofrills87 your post resonated with me so much I felt compelled to reach out. The replies you have had to date are excellent and I wish I would have been aware of Endo UK years ago. I don't have anything to add, except I know exactly how you are feeling with your employers. For me personally, previous employers have 'tried' to be understanding but their actions have proven that this was lip service only and I was just met with a barrage of questions regarding my pain and future time off (I found female managers to be the worst). Follow the above advice, start a timeline, stay strong and keep in touch with us all as we are here to support you. If you would like a more immediate response or just want to talk please remember that we do also have a helpline, webchat and local support groups, endometriosis-uk.org/get-su....

Nofrills87 profile image
Nofrills87

Hi everyone,

I wanted to thank you for all the support!!! It's really helped me to be prepared for the meeting I have tomorrow with my work. This site has really helped me over the years and continues to do so. I cannot say how much your responses mean to me!!!!🥰

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