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Dismissed My Job Due To Absence linked to my Disability

518 replies

mummytippy · 06/10/2025 10:38

Apologies for my lengthy post. I added a post (in May) regarding wanting advice for my employer to look to make reasonable adjustments for me due to my disability of hearing loss and Tinnitus. I had been employed by my ex employer 22 months. I had gone of work last November due to work related stress but was also waiting on an Audiology referral to come through. My employer was aware of all of my health issues. I had an attendance and wellbeing review (AWR) in May and was told I could discuss appropriate headsets at my next AWR which was scheduled for 18/6. I did contact the RNID and Tinnitus UK so that I could gather as much knowledge as I could prior to this. Before the AWR in June I had also bumped in to a colleague who has a similar hearing issue to me and he had recommended the headset he wears and sent me a link for it which I forwarded to my team leader. Just before the AWR, I then received an invitation for a capability assessment/attendance review to take place on 23/6. I contacted my TL and she said that it might not go ahead. It would depend on the outcome of the AWR with her. I had a fit note with a return to work date of 14/7 with recommendations from my GP. On the 18/6 I attended the AWR and tried to discuss my RTW but it was like the tone had completely changed. I took with me a proposed phased RTW plan to discuss, information from the RNID, Tinnitus UK and also evidence I had been speaking with an Employment Support Advisor via Talking Therapies but it all seemed to fall flat and was met with no interest. I was dumbfounded. I asked my TL to discuss my proposed phased RTW plan emphasising it would need to meet with her approval but she was not interested. She was really quiet. The note taker during the AWR was also a TL I knew (but not well) and he asked me questions which I felt were hostile. The whole experience was awful. I felt completely ganged up on. I did manage to show my white noise sound support and show how it sits behind my ear. The reasonable adjustments I asked for were: to sit somewhere quite on ‘in office days’ and for ad-hoc additional health breaks to adjust/remove my sound support. These were agreed to verbally. Where I raised the question about the link to the headset and the link I’d sent my TL, she said that she had been unable to follow the link and she asked why I had not just bought one. I explained that we were due to discuss headsets at this AWR. there was a cool response, my proposed phased RTW plan was merely photocopied and I was told the Capability/Attendance Review Hearing would still be going ahead. At this point in time I had 2 further medical appointments to still attend. One was my final session of CBT therapy due to happen the day of the hearing (23/6) and the other was with the Audiologist on 20/6 (rescheduled from 30/5 due to the Audiologist being ill). This was a follow up appointment to see how I was getting on with the sound support. Through my employer I had private medical cover. I had spoken with them at the end of May and a report was compiled. The report stated I have a disability and that my employer should allow me to trial a RTW after all my medical appointments were completed.
as I hadn’t like the time of the AWR and the Attendance Hearing was still going to go ahead, I sent a letter to my TL requesting a reasonable adjustment for the 2 requests above. This was never acknowledged. On top of this, when the notes from the AWR meeting were sent to me, they were inaccurate and incomplete. I replied to the email containing the Tale notes with my version of the notes asking for them to be recompiled. This was not done before the hearing. I had joined the Union but too late for them to represent me but they were able to give me basic advice which was if I wasn’t happy with the notes I needed to make this clear but I could attend the hearing to discuss my return to work. Unfortunately I didn’t receive a reply from the Union representative until after the hearing but the morning of the hearing I did send the hearing manager an email to ask her if it could please be rescheduled and why. She declined and because in the invite it had said that a decision on my employment could be made in my absence I felt I had no choice but to attend. My final session of CBT took place and ended an hour before the hearing. I did have a colleague attend and take notes. The hearing was a hideous experience. The hearing manager was very dismissive of my health issues and seemed to have an issue with my proposed phased RTW plan. I emphasised I was not happy with the notes from the AWR and that the RTW was a proposal. From the audiology appointment on the 20/6 the audiologist had put a new program on the device which was a hearing aid function and this was a significant improvement for both my hearing and Tinnitus. I was advised to have a period of ‘habituation’ to get used to this so explained this. In relation to the CBT my practitioner had advised a period of stabilisation following this (as she had also recommended I have some bereavement counselling too). I explained this and I must point out the final reports were not available at this time as still being typed up by the health professionals. I was just completely unheard. The hearing manager had also still been sending additional things into the appendices for this hearing on the 20/6 which was just one working day before the hearing (as a Friday) so I felt everything was rushed. The hearing manager ended the hearing at it was agreed I would speak with my GP to see if I could return to work sooner than 14/7 so I had agreed I would seek their guidance due to the recommendations above from the Audiologist, CBT practitioner and the companies healthcare provider which stated phased RTW at beginning of July after all appointments completed. About and hour after the meeting the hearing manager phoned me and asked if I could RTW on 30/6 and she would put 24/6 through to 27/6 through as annual leave. As I was away from 24/6 because my boyfriend had booked a surprise short break for me as I’d had a rough time and he knew I did not want to take any further time off work after returning, the earliest I could see my GP was on 30/6. I assured her I would seek their guidance on 30/6 and update her as soon as possible. I felt very pressured and told her this. I did this on 1/7 sending a revised fitnote in with a RTW of 7/7 with my GPs recommendations in the comments which included the habituation period and the stabilisation period and details of a phased return to work. I also added that I was open to speaking with my TL to discuss the plan for the following week during the course of that week. She acknowledged receipt, said she was still reviewing my case and that she would be in touch on 3/7 with her decision. I had logged in on my work laptop through the week, reading emails and preparing myself to return. On 3/7 I received her decision which was to dismiss me. She stated I had further delayed my return to work. I was distraught. I feel like I have been punished. I appealed the decision but the outcome remained the same. The hearing manager of the Appeal Hearing was a Customer Service Manager so I feel this wasn’t really appropriate either as no HR / Occupational Health element. I am now going through the Early Conciliation process with ACAS. I would like reinstatement as I do not feel I should have lost my job. My boyfriend (we do not live together) works for the same company (it is where we met) and I just feel completely isolated now as this has made things very awkward. I feel I have lost my career. My colleagues (our colleagues) who became friends now feel awkward. I’m now unemployed, obviously have outgoings and have gone from being in a secure position to the opposite and where I had improved my mental health to return to work, this has deteriorated again due to what has happened. If anyone could please advise me as I am so upset about all of this. TIA.

OP posts:
SleeplessInWherever · 06/10/2025 15:10

I have to say, being off with auditory issues and then willingly going on a flight would be the straw that broke the camels back for me.

I’d also see no reason to buy equipment when you weren’t there, would see no reason why you’d need Doctor sign off before you returned to work, and would find the difference between your reason for absence and the reasons you’re saying here to be problematic at best.

Why were you off with work related stress, were there ongoing unrelated issues at work before your absence?

WRS sick notes are also quite often followed by resignation, in fairness; so I’m not sure why you actually want to return.

mummytippy · 06/10/2025 15:12

@Alittlefeedbackwouldbenice The AWR on 18/6 was about finding a headset that was comfortable to be worn as I wear glasses and a hearing aid and the hearing aid rubs my ear. The business issue noise cancelling headsets so I needed to find one that suited me that they also approved. Hence me suggesting the one my colleague had recommended but it was at this meeting I felt no-one was interested in the planned discussions.

OP posts:
SoScarletItWas · 06/10/2025 15:13

mummytippy · 06/10/2025 15:09

@MrsBennetsPoorNervesAreBack The reasons for my RA were on my fitnote. The company had the AWR on the 18/6 to discuss my return and headsets. Then when it came to it the tone had changed and their agenda. I still had medical appointments to attend that their own healthcare report had stressed I should and then be allowed to trial a return to work.

But why did you stay off work whilst waiting for those medical appointments? If the waiting list is 38 weeks you go to work, surely?

HedwigEliza · 06/10/2025 15:13

How can anyone live like this, honestly. It sounds like an absolute nightmare 😱

Do some people like OP just enjoy the fight and the drama and making their lives needlessly complicated? All this is preferable to finding another job?

Bobiverse · 06/10/2025 15:13

mummytippy · 06/10/2025 15:12

@Alittlefeedbackwouldbenice The AWR on 18/6 was about finding a headset that was comfortable to be worn as I wear glasses and a hearing aid and the hearing aid rubs my ear. The business issue noise cancelling headsets so I needed to find one that suited me that they also approved. Hence me suggesting the one my colleague had recommended but it was at this meeting I felt no-one was interested in the planned discussions.

Because you had been off for too long with stress. Nothing to do with disability.

They wanted you gone. And they are allowed to do that.

MrsBennetsPoorNervesAreBack · 06/10/2025 15:14

mummytippy · 06/10/2025 15:09

@MrsBennetsPoorNervesAreBack The reasons for my RA were on my fitnote. The company had the AWR on the 18/6 to discuss my return and headsets. Then when it came to it the tone had changed and their agenda. I still had medical appointments to attend that their own healthcare report had stressed I should and then be allowed to trial a return to work.

So if they had implemented the RAs from 18/06, you could have gone back to work immediately?

As I said above, a healthcare report is only focused on your health needs. It won't have taken employment law or your workplace's absence management procedures into account.

LIZS · 06/10/2025 15:14

Why did you not commit to a return date at the May meeting? By then you had already been off for six months which is probably what triggered that meeting and the subsequent timeline. Is this outlined in the company policy?

Vinvertebrate · 06/10/2025 15:16

I have not read TWFT but if you were dismissed in July, why are you only now challenging/asking for reinstatement?

I don’t think you are going to get your job back, but they might give you some money to go away, I suppose.

mummytippy · 06/10/2025 15:16

@SleeplessInWherever I’m not sure what you’re meaning by willingness to fly with auditory problems? I wear special earplugs when flying which reduce the pressure. This has also been covered by my visits to the Audiologist.

OP posts:
Moneybum · 06/10/2025 15:16

TableTopTree · 06/10/2025 12:43

Fair point - but there is an argument to say that if you don't have the budget to employ somebody, and then to make necessary RAs, then you don't have the budget for an employee at all.

There is a lot of ignorance around this - as evidenced on this thread. Small employers seem to be the worst offenders too.

this Is just categorically incorrect.

An ET would consider the size and resources of the employer, and require less burden on a smaller employer.

MrsBennetsPoorNervesAreBack · 06/10/2025 15:17

Moneybum · 06/10/2025 15:16

this Is just categorically incorrect.

An ET would consider the size and resources of the employer, and require less burden on a smaller employer.

Just wishful thinking, I guess.

Jewelledslice · 06/10/2025 15:21

Ah you've been through the mill. I feel for you.

As a disabled person, I've been dismissed a few times which was really due to failure to make reasonable adjustments but they evaded that. The first time I fought it and it made me so ill. I could barely function. I won but it felt like a pyrrich victory, I wasn't reinstated

The second time I fought as I'd also been bullied and raised grievances before which had been ignored. This went to ET and was upheld although no reinstatement (and frankly I didn't want it).

What I learned was (a) workplace investigations are a shocking exercise in bias
(b) they will find a reason to get rid of you if they don't want/like you and (c) it isn't worth fighting. It's utterly devastating personally and you're better off finding a job somewhere else.

Purplebunnie · 06/10/2025 15:26

Why could you not work from home whilst waiting for the adjustments in your place of work? Did you ask your employer if that was an option? You could have carried on your 2 days a week at home

Alittlefeedbackwouldbenice · 06/10/2025 15:27

Purplebunnie · 06/10/2025 15:26

Why could you not work from home whilst waiting for the adjustments in your place of work? Did you ask your employer if that was an option? You could have carried on your 2 days a week at home

She was already working from home 90% of the time. Well would have been, had she been working.

mummytippy · 06/10/2025 15:27

@Alittlefeedbackwouldbenice February 2024 was the start of my hearing loss / Tinnitus health journey. It took 10 months to go through ENT and then Audiology. I was working with a normal headset before this. I went of work in November 2024 with work related stress and while off for this the hearing loss and Tinnitus also affected my mental health. I had my hearing device provided by the NHS in May but it was more a white noise sound support than a hearing aid. It was after seeing a different Audiologist and the hearing aid function being switched on in it that it started to help ease everything. By this time it was the end of June. I only learned after speaking to the Audiologist and with the EASS it was the responsibility of my employer to provide a headset. They had done for another colleague and I suggested the one they had.

OP posts:
SupremeArbiter · 06/10/2025 15:28

mummytippy · 06/10/2025 15:16

@SleeplessInWherever I’m not sure what you’re meaning by willingness to fly with auditory problems? I wear special earplugs when flying which reduce the pressure. This has also been covered by my visits to the Audiologist.

You should have taken the big hint that they wanted you back and prioritised that, not a weekend with your boyfriend.

Alittlefeedbackwouldbenice · 06/10/2025 15:29

mummytippy · 06/10/2025 15:27

@Alittlefeedbackwouldbenice February 2024 was the start of my hearing loss / Tinnitus health journey. It took 10 months to go through ENT and then Audiology. I was working with a normal headset before this. I went of work in November 2024 with work related stress and while off for this the hearing loss and Tinnitus also affected my mental health. I had my hearing device provided by the NHS in May but it was more a white noise sound support than a hearing aid. It was after seeing a different Audiologist and the hearing aid function being switched on in it that it started to help ease everything. By this time it was the end of June. I only learned after speaking to the Audiologist and with the EASS it was the responsibility of my employer to provide a headset. They had done for another colleague and I suggested the one they had.

Okay, but the zero reason why you need to be off work for all of this.

Perhaps would understand if you tell us more about the work-related stress? At the moment it makes no sense.

ByQuaintAzureWasp · 06/10/2025 15:30

You were dismissed because your attendance was extremely poor. If you have a disability you are not entitled to be off sick for an unlimited amount of time.
What was the reason on the fit notes for your absences?

mummytippy · 06/10/2025 15:30

@Moneybum I worked for a huge employer.

OP posts:
momtoboys · 06/10/2025 15:31

I have not read all the posts, but I think they were looking for a reason to sack you and you gave it to them by delaying your return to work for your holiday.

MrsBennetsPoorNervesAreBack · 06/10/2025 15:31

Alittlefeedbackwouldbenice · 06/10/2025 15:29

Okay, but the zero reason why you need to be off work for all of this.

Perhaps would understand if you tell us more about the work-related stress? At the moment it makes no sense.

Yes, what was the cause of the work related stress?

mummytippy · 06/10/2025 15:34

@Jewelledslice I’m really sorry to hear you encountered what you have. It is truly terrible isn’t it. I hope you are appreciated where you now work Flowers

OP posts:
MrsNadjaCravensworth · 06/10/2025 15:36

mummytippy · 06/10/2025 13:19

@AphroditesSeashell I had no choice but to delay the appointment with my GP as it was out of my control unless I was prepared to cancel the break my boyfriend had booked. It was a break abroad and the flight was 09:05 on 24/6 (day after the hearing) and returning 27/6 (at night). This appointment was to discuss returning to work earlier as I did have a fit note for 14/7 and the appointment was to discuss returning on 7/7 which matched the date of the company’s healthcare providers recommendation.

You should absolutely have cancelled the break and gone to the appointment.

I am astounded that you didn't do this.

MrsBennetsPoorNervesAreBack · 06/10/2025 15:40

MrsNadjaCravensworth · 06/10/2025 15:36

You should absolutely have cancelled the break and gone to the appointment.

I am astounded that you didn't do this.

She didn't actually need the appointment anyway. You can go back before a fit note expires if you are well enough to do so.

AngelicKaty · 06/10/2025 15:41

MrsBennetsPoorNervesAreBack · 06/10/2025 15:31

Yes, what was the cause of the work related stress?

I've asked OP this twice - and how her WRS is related to her "disability" - but she just doesn't answer. All she does is keep repeating the same old stuff. It's getting rather boring now and I still don't know why she started this thread given that she's already in the early conciliation phase with ACAS.