Got the sack because of migraine

[CJA2012]

As the title suggests. I started a new job in January as my old place was closing the department and everyone had to go.

So I started at the new place - even arranging the interview was a complete shambles - so I knew the company I was going to was going to be more or less the same in its management style.

Anyway, all was well for 2 months (apart from them not really caring about the progress of my work) and fast forward to March. I had 2 occasions of migraine so I could not drive to work.

This week I had a really nasty migraine and had to have 2 days off work. I wasn't really going to go in today either, but I went in anyway. I must have been there an hour and they called me into a meeting and said my illness was unacceptable and interfering with their business functioning properly.

I said they couldn't fire me fore being ill, so they used the age-old excuse that my work is not up to their standard and I didn't fit in with their organisation. I was given a weeks notice.

I'm at home now. I waited until lunch time then walked out. I was still feeling ill and I was completely disgusted by how unsympathetic people can be.

Am I supposed to every have a full time, permanent job if this is how people behave?

They will get away with doing this to me because they will hide behind their excuse of saying my work was not up to scratch. Of course, how do you ever evidence this to an employment solicitor?

The first thing I did was call my best friend who is in recruitment, then called another agency who was interested in using me and told them I was now available for temping.

Just goes to show, because my last job was a 9 month temp job and I think I only ever had 4 days off in that whole time. By comparison, working for this shambles company with a nasty piece of work for a manager works out to be twice as much time off.

Yes, stress is a strong trigger for migraine attacks and especially migraines that end up in seizures, because of the anxiety you are feeling.

How can I ever get on in life when this is the same carousel going round and round.

The only plus side to this happening today is that yesterday I actually wrote my letter of resignation. I was planning on leaving in July to do a full time course in Beauty Therapy. I thought it would give me an opportunity to work for myself and essentially work around my illness. Just a theory.

I'm just disgusted with what they did and how they did it. They even called me up 1 minute after my lunch break was due to end - probably to check up on where I was. Meant to get 1 hour but never did - only ever took 30 minutes. I was on the phone to my friend at the time so I didn't take the call.

Driving off home I felt quite liberated, but angry at the same time. It's a very confusing place to be.

[babs1234]

I would still consult a tribunal and see how go. There.

[gillyflower88 in reply to babs1234]

And so would I. Citizens advice for an appoin4ment with their solicitor as a start

[Gambit62 in reply to gillyflower88]

Yes, migraine is a condition that is recognised under the DDA (Disability Discrimination Act), though it's actually quite hard to get caught up in tribunals and can more than understand if you didn't want all that stress (and the consequences of that stress)

[CJA2012 in reply to Gambit62]

I wondered if I would win that argument. I didn't know Migraine was actually classed as a disability! Whenever asked, I always declared it although this employer never asked, so I didn't volunteer the information. If they hadn't stressed me out so much, perhaps I might have only had 1 or 2 days off across 4 months. I signed myself off for the week as I didn't want to go back and work my notice... I needed to be at home, having a cuddle with my dog and being peaceful.

[Gambit62 in reply to CJA2012]

The DDA covers any long term condition which affects your ability to work - and migraine does fall into that category. The tribunal case that I'm aware of involved constructive dismissal as the employer failed to listen to employees protestations that installing flourescent lighting would adversly affect her condition and installed it anyway - with the result that she had to resign.

May be worth talking to the CAB (Citizen's Advice Bureau)

[Fran_in_California]

That's the worst! If you were in California, and you had a union, they couldn't do this to you at all! We have something really good in the States called the Americans with Disabilities Act. Picking on you for illness is ILLEGAL and the MOST a company can do is give you unpaid sick leave. Your repliers are correct that getting a lawyer gives you lots of headaches (ooh! Sorry!) than those you already have. Since Obama became President, our National Labor Relations Board has slooooowly been improving and ruling for "plaintiffs" with $$$ involved; oops! I mean GBP involved. Good luck and drag their asses into court!

[CJA2012 in reply to Fran_in_California]

I can't afford a solicitor... It's going to cost about £350 for the first hour plus a review of my employment contract - which I do not have as they never gave me a copy! This company really was a complete shambles. The most I can do is use a Citizens Advice service, although I am going to the Jobcentre tomorrow so I can discuss it with them for some help. They are essentially what you'd call the unemployment welfare office.

[Stace79 in reply to CJA2012]

Speak to ACAS as well free advice