Dismissed My Job Due To Absence linked to my Disability

[mummytippy]

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.

Once again, you've hit the nail on the head 'pinkdelight'. I'd like to know what was so stress-inducing to OP in a job that she's claimed she's good at yet has had CBT to help her "cope" with it - and why she would want to return to such a stressful job.

OP, you must realise that they really will not want you back. Try and look at it objectively. I manage a large team in a large organisation. I have never known reinstatement to happen.

So what's your situation now OP? Are you claiming benefits or getting PIP? I'm assuming that if you aren't still off sick then you might be being chased by DWP to get another job?

I've worked with plenty of people with tinnitus, that's not a reason not to attend work! Sitting at home isn't a cure? What is it you want your employer to do because they can't cure it! You are saying you are off because stress and panic attacks but if that's because of your tinnitus, how are you going to snap yourself out of it? Tinnitus isn't a reason not to work and you don't sound like you had any intention of going back.
Like I say, I have health conditions and I'm not sure if I can keep on with full time computer work forever but I wouldn't be going off on sick! I'd be looking at other avenues to earn money.

Why did you expect to have someone with you for the outcome when you were notified by phone and at home? How would that have even been possible.

Why do you want the role when you can't cope with it! Get a different job!

Why didn’t you use the private provider to get the MRI? That would have speeded up the audiology appointment. They would have been waiting for the MRI results before prescribing an aid. You seem to give them a lot of credence otherwise. How come you took a third party medical company’s advice rather than your own GP, CBT therapist or occupational health? Are you saying the Audiologist advised you to delay returning to work to adapt to a new hearing aid setting? I doubt that very much.

I am assuming this is why she's is panicking to get reinstated to a job she claims she can't cope with, because the DWP won't pay her sit at home when she's perfectly able to work and no longer has the stress linked to that job! Whilst she was in that job she could sit back on SSP and clearly thought that would last forever.

I see this a lot at work - people putting in grievances, grievance not upheld so they go down the ACAS / ET route, and on top of the £500k+ pay out they think they're entitled to, they always want their job back, at a higher rate of pay. At the same time they're slating their LM's and the company for treating them so badly that they've suffered psychological trauma. Not once in the 10+ years that I've worked in my role has anyone been reinstated - and only around 5% of claimants succeed with their case at ET.

I think that often claimants are actually suffering a great deal of stress at the time and can't see clearly enough to just get another job - and most know that other employers (e.g. private sector) might not be as easy going as we are so they cling on for dear life despite their claims that management are discriminatory bullies.

Edited for typo

I may have misunderstood but a lot of your time off was waiting for the audiology and cbt to start? 10 months out of 22... you are very lucky they kept you as long as they did with under 2 years service. It does seem you have milked this. I dont understand how you can claim you needed to be home (not work) to stabilise hearing then jet off abroad for a holiday.

OP if you qualify for benefits for example universal credit you could be entitiled to Legal Help. You could call this number 0345 345 4 345, you will be put through to civil legal advice who can initially assess the case and allocate it to a specialist provider if you qualify. You would need to explain it’s a possible discrimination case and is currently in the early stages of the employment tribunal.
A Discrimination specialist provider would then review the case for the merits based on the evidence you have. This would give you a better view on the viability of your claim.

I saw in this thread somewhere that the OP said they'd joined a union but felt if they'd joined it earlier they wouldn't have lost their job - I was in the railway infrastructure sector for 14 years and it's mad how some people think the unions can get what you want no matter what! I saw a couple of people get dismissed who thought that!

What's the point, she hated the job, she said it made her too stressed to do the job, the atmosphere would be crap if they took her back which they won't. She'll still hate the job and want to go off again.

I'm really concerned that the union rep said this tbh. Cannot make that kind of hypothetical sweeping judgement.

Because the OP could try and get a settlement which would at least give her some financial compensation.

I've just put in a request for a half day a week at home- and will be grateful if its granted...!I would be giving up on this I literally cannot foresee success at a tribunal.

I think if OP joined a union after the events she's complaining about started she won't be entitled to any legal assistance from them in this particular case - as someone else pointed out, you usually have to be a member for a certain length of time before individual disputes arise to qualify for union representation.

Also, OP states that she was off since end of Nov last year, said she was die back early July but was dismissed but then said that they weren't expecting her back at work until Nov this year! So did ever intend to go back to work at any point this year!

If they've got anything about them i very much doubt they did, Catsknowbest

They may well have commented that they could have helped better if she'd approached them earlier, and perhaps OP - who's sadly struggling with the reality of all this - imagined that's what they meant?

Op I agree with the majority of other posters that you’re not going to be reinstated.

I work for the civil service and we are generally supportive but once the LM has decided they want to get rid of you then there’s unlikely to be a way back. Best case they offer you a small sum of money to go away with an agreed form of words for a reference.

Why were you having CBT?

It is offered for tinnitus.

OP, sadly it sounds like you are just not suited to this job at all. It apparently causes you to have panic attacks and your mild hearing loss / tinnitus and the need to wear a specific headset so as not to aggravate your hearing aids isn’t feasible.
Since you lost this job, presumably you’re now working elsewhere?

She barely attended work through her own choice! She says the job isn't for her, she should have found another one! She was never gonna change how she felt about the job so she should have looked for another job. What does she need a settlement for! They made adjustments for her, they can't cure tinnitus for her. There wasn't anything else they could do for her. Giving people a job who then fail to turn up for work for the best part of two years shouldn't result in a financial reward! Fuck me why aren't we all doing that! It'll collapse loads of businesses but who cares!

It’s clear to me that the majority of people contributing to my post have not suffered from bereavement, mental illness and then been diagnosed with a disability in the space of 4 years. My head has in effect been up my bottom. I’ve also been going through the menopause. I hope to goodness none of you ever go through what I have this last 10 months or more. I have only had SSP in all the time not been ‘scrounging’ as pretty much everyone has said.