Unfair dismissal?

Hi, well it looks like i'm about to loose my job on the grounds of ill health. I have a feeling it might be classed as discriminating against me due to my condition and therefore unfair dismissal. Has anybody else been in the same situation, or gone to a tribunal? - is it really worth the hassle? Although on the other hand i do feel it's a matter of principal.

I can't work at the moment as i'm awaiting a date for surgery - on fentanyl 25mg patches and also oromorph - can hardly function let alone work!!!

Any advice gratefully received - thanks ladies xx

8 Replies

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  • I'm really sorry, I've not experienced anything like this but really do feel for you. I hope it all works out and let us know how it works out! Good luck! X

  • Thanks for your kind words and your support - much appreciated!

    Think it will be a bumpy road ahead! xx :-P

  • Are they aware of you having Endo? If they just get rid of you they cannot do this! They need to have a meeting with you first to discuss their concerns, what is wrong and see if anything can be done to help you and them. They especially cannot fire you when you are signed off awaiting an op! This would be unfair dismissal! It may be after this that you reach a mutual decision to leave, but they cannot force you as far as I am aware. Especially if they have not tried an alternative way for you to still work for them. I think if then it still not working out they may have grounds.

    I was off ill with depression and endo when I had a phone conversation with my boss who said "You are a liability to the firm and you may not have a job when you get back!" The next day I went into the office to pick up some things and he rung me again saying "I heard you came in, I hope you were not clearing your desk as you are an asset to the team!" It turned out he had spoken to the companies HR and Employment law people and was told he could not say or do that as it unfair dismissal! I later left the company as relocated.

    Recently I have been volunteering one day a week at a school, but had missed a couple of weeks due to the endo and various winter bugs, but had always let them know I wouldn't be in. However upon my return I was called into the office and told I was not suitable for working there, however I could come in and clear out cupboards! As you can guess I did not go back. However I didn't do anything about it either as I felt I didn't have a case as only volunteering (perhaps I was wrong in this).

    Sorry I have chatted on a bit.

    I would say no they cannot get rid of you, esp as you are signed off. If you have a "good" day and feel strong enough I would go to a Citizen Advice centre and see what they say. Esp with the Gov making so many changes at the mo! Or ring a local solicitor who do free half hour consultations..you get some answers and not need pay!

    I hope it all works out for you and you are feeling more you again soon x

  • Ladies, thank you all so much for your advice - really appreciate your help & understanding!

    In my last welfare meeting in Dec i was told there were no other positions/roles that i could do elsewhere in the company and that there were no adjustments could be made for me either - so i firmly believe the capability meeting i have been asked to attend is just them going through their procedure and a "dismissal due to sickness" is guaranteed!

    I fall into the catergory of being disabled under the Equality Act 2010.

    To be honest I don't know if I've got the fight or inclination to argue the case.

    I am absolutely exhausted in every way possible :-( - and my doctor now believes the morphine I am taking has become inaffective!

    Once I've recovered from Surgery (excision of Endo, separation of adhesions, removal of ovaries and correction of previous scar) - I can apply for a new job without the threat of Endo jeopardising my employment (hopefully!) Is there ever an end to this disease??

    Would it be frowned upon by future employers to have been sacked due to sickness and not to have fought it? - ( My doctor is insistant I am incapable of working until after I have had op and recovery period!) - to which I agree with.

    I have spoken to a solicitor who will investigate if I have a case for unfair dismissal, once they dismiss me - but is it really worth all the hassle?

    Sorry for the moan - and thanks again for your love and support :-) xx

  • You defiantly have rights I have recently had similar , having to re apply for my job and had sickness taken into consideration . I had a fight on to prove one of my bouts of sickness was due to an endo op. I t was upheld, and discounted under the equality act. Are you in a union ? . Get as much help as you can . Good luck xx

  • Ladies, thank you all so much for your advice - really appreciate your help & understanding!

    In my last welfare meeting in Dec i was told there were no other positions/roles that i could do elsewhere in the company and that there were no adjustments could be made for me either - so i firmly believe the capability meeting i have been asked to attend is just them going through their procedure and a "dismissal due to sickness" is guaranteed!

    I fall into the catergory of being disabled under the Equality Act 2010.

    To be honest I don't know if I've got the fight or inclination to argue the case.

    I am absolutely exhausted in every way possible :-( - and my doctor now believes the morphine I am taking has become inaffective!

    Once I've recovered from Surgery (excision of Endo, separation of adhesions, removal of ovaries and correction of previous scar) - I can apply for a new job without the threat of Endo jeopardising my employment (hopefully!) Is there ever an end to this disease??

    Would it be frowned upon by future employers to have been sacked due to sickness and not to have fought it? - ( My doctor is insistant I am incapable of working until after I have had op and recovery period!) - to which I agree with.

    I have spoken to a solicitor who will investigate if I have a case for unfair dismissal, once they dismiss me - but is it really worth all the hassle?

    Sorry for the moan - and thanks again for your love and support :-) xx

  • employmentadvicenow.co.uk/n...

    As far as I am aware employers CAN dismiss someone due to ill health if the health issue is making them incapable of doing their job in a reasonable time i believe.

    rightsatwork.co.uk/employme...

    have a read of these links for info about your rights etc

  • Ladies, thank you all so much for your advice - really appreciate your help & understanding!

    In my last welfare meeting in Dec i was told there were no other positions/roles that i could do elsewhere in the company and that there were no adjustments could be made for me either - so i firmly believe the capability meeting i have been asked to attend is just them going through their procedure and a "dismissal due to sickness" is guaranteed!

    I fall into the catergory of being disabled under the Equality Act 2010.

    To be honest I don't know if I've got the fight or inclination to argue the case.

    I am absolutely exhausted in every way possible :-( - and my doctor now believes the morphine I am taking has become inaffective!

    Once I've recovered from Surgery (excision of Endo, separation of adhesions, removal of ovaries and correction of previous scar) - I can apply for a new job without the threat of Endo jeopardising my employment (hopefully!) Is there ever an end to this disease??

    Would it be frowned upon by future employers to have been sacked due to sickness and not to have fought it? - ( My doctor is insistant I am incapable of working until after I have had op and recovery period!) - to which I agree with.

    I have spoken to a solicitor who will investigate if I have a case for unfair dismissal, once they dismiss me - but is it really worth all the hassle?

    Sorry for the moan - and thanks again for your love and support :-) xx

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