Discrimination at work - help! - Endometriosis UK

Endometriosis UK

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Discrimination at work - help!

Spangalow07 profile image
9 Replies

Hi All,

I am currently under an occ health support plan as I suffer with endometriosis pcos and medically enduced osteoporosis due to being put into the menopause early therefore making me infertile. It was meant to be allowing for reasonable adjustments and consideration in my sales role but I have had a meeting today with my manager who said that due to my performance from the past year (occ health plan got put into place last January) that I am formally being placed into a PIP plan and if no improvement made will be let go from my position.

Just wondered where I stand as the occ health report states I fall under the disability and equalities act 2010 and the advice from the report, which HR agreed to take on board and support, would naturally mean my performance is skewed (taking time off for appts, breaks throughout the day/more time off sick etc) but now I am having that thrown back in my face and being told I have one month to prove myself or I'm out.

Is this allowed considering the severity of my illness/the support recommended from outside occupational health?

Dealing with endo, infertility and all the stresses that come alongside this and now this work situation is making me want to give up and i just don't know where to turn.

Sorry hope this makes sense xx

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Spangalow07 profile image
Spangalow07
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9 Replies
TedLocat profile image
TedLocat

Hi Spangalow07,

I’m sorry to hear you’re going through this; it adds so much unnecessary stress!

First of all, don’t give up! Keep fighting and stand your ground with work. I was put in a similar position at work last year, until I did my research and fought back. My understanding is, if you’re on any type of occupational health assessment or medical care plan etc, your employer must agree to reasonable adjustments. They can of course decide which adjustments to agree to, and it also depends on your company’s policy, but medical care plans are covered under the equality act, even though endometriosis isn’t currently listed as a specific disability. Have a look at acas and the equality act on the gov website; the information will really support you. Also ask to see a copy of your company’s absence/sickness policy and ensure that it’s being followed appropriately.

Stay strong and keep fighting!

X

Holly_D profile image
Holly_D

ugh, I’m so sorry you’re dealing with this. Unfortunately I don’t have any legal advice, but I’ve recently had a similar experience with my manager and I know how shitty it feels. Do you have a pre occ health plan record you can show them as a comparison? When my manager made similar comments I told them that I didn’t think it was reasonable that my work prospects should be limited by a condition over which I have no control, and strongly hinted that I felt that they were playing into that, and she seems to have backed off for now.

Mumpet11 profile image
Mumpet11

So sorry you are going through this.

I would strongly suggest you reach out to ACAS and also try the charity Working Families, whilst I appreciate you have very unfortunately become infertile due to treatment, they may be able to offer some advice in relation to any potential disability or sex discrimination complaint (or unfair dismissal claim noted below). Working Families have lots of resources on their website to provide you with some guidance, this page may be useful for you (article on disability discrimination) - workingfamilies.org.uk/arti....

On a general note, 1 month for a PIP is a very short period of time. Assuming you have two years’ service, you may have a claim for unfair dismissal (if you are dismissed after that time and your employer has not followed a fair procedure - ie 1 month to improve could well be considered unreasonable, depending on all of the facts) or constructive dismissal (if your employer has put you in a position where you have no option but to resign because of their actions) - look at this on the government and/or Working Families website too. (Please note, protection from discrimination is a day one right, therefore you would not need 2 years’ service to bring any sort or claim.)

Hope this helps.

Ollie2512 profile image
Ollie2512

this is so shit and so unfair.

I’ve been subjected to this same crap st my last three employers. My current employer is still doing this to me but I’m in Australia so the laws are a bit different.

I follow Valla law on tiktok - they have a lot of great advice about shitty employers in the uk - could you email them for some advice? They might be able to suggest a few things straight off the bat and connect you with pro bono help esp as you have disabilities?

I’m so sorry and this is so shit. Using the law to fight back can be the only thing you can do but there is often strategies about how. You don’t deserve this.

Greenlady48 profile image
Greenlady48 in reply to Ollie2512

sorry to jump in

Your reply was really helpful

I’m also going through the same crap.

I had a laparoscopy in dec only to find out there’s no endometriosis in the womb

I paid for that private as was fed up being tossed about by the nhs

My manager is an ass and keeps making excuses why occi health havnt got intouch

It’s absolutely a joke as my employer is the NHS.

I’m now sick of the whole thing doctors/hospitals and the care system in general so have now sought legal advice.

I follow a few ladies on Instagram from Australia and we all seem to suffer equally 😥

FerrariEnzo profile image
FerrariEnzo

I'm so sorry you're going through this :(Try calling the Citizens Advice Bureau, they may be able to point you in the right direction on this. They have a lot of info on their website but I think this situation would really benefit from speaking with an advisor. I really hope you're able to find an answer. The world is so unfair to people with invisible illnesses like endo and PCOS :(

AllthatGlitters profile image
AllthatGlitters

morning.

Please speak to ACAS as they have a lot of great advice and will steer you in the right direction.

From my own personal experience I had to leave a job because they wouldn’t make any adjustments for me / they refused to do anything to help me. In the eyes of the law because I am covered by the equalities act then I have a case for disability discrimination.

Keep all evidence such as letters, any email, just anything in relation to your health from your employer. You may need this in the future.

I know how hard this is! I have been through so much stress with employers it’s unreal, all because I asked for some help due to being ill.

x

Spangalow07 profile image
Spangalow07

Thank you all for your kind words, I have such bad anxiety from all of this i considered going to the GP and getting signed off for the first time ever! Stupidly I was scared they would sack me for it so I didn't. 33 and scared of my employer!

I have a meeting with HR tomorrow morning so will take it from there. I think once I have spoken to HR I will speak to ACAS and see how I get on. As if life is not hard enough, just another element to bring us challenges. X

Heloo85 profile image
Heloo85 in reply to Spangalow07

They can sack you for being off sick! One good thing though, if they do sack you, you can sign on and then claim LCW UC!

Can’t offer legal advice! I struggled to get one of my employers to allow me to change footwear and go back down to my contracted hours! It appears it’s not that easy to get anyone to take on legal action these days!

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