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.

So you were off sick for almost half the time you worked there?

And you didn’t attend a meeting because you were on holiday?

@Peoplepleaserincrisis Yes they have supported my colleague. Yes I went off 25/11/24 until 3/7/25 when I was dismissed. I did not return in between those dates. I planned to return on 7/7/25 and had a fit note with this date from my GP with comments that outlined the recommendations for adjustments to aid my return.

Having a disability only means you are due reasonable adjustments, it doesn't mean they can absorb that amount of absence. A tribunal will throw this out.

Honestly, give it up and find a job that works better for your health situation. And then make sure you maintain good attendance.

And she could have had treatment for stress much faster has she actually used the private health care her work provided her. And she had actually already been given agreement for the adjustments she asked for related to her hearing. Still stayed off though.

A fit note from your GP does not guarantee your job. They’d had enough, and they acted within the law.

It sounds like they've been more than fair tbh. It doesn't sound like it was the right job for you.

@Peoplepleaserincrisis Actual reason for dismissal was attendance, and it was felt I was further delaying my return. I’m struggling with this as my original date to return was 14/7 and I improved it to 7/7 after an in depth appointment with my GP. I just couldn’t agree with 39/6 without seeing my GP and I could not physically attend an appointment until that date.

Extending your return by one week is the straw that broke the camels back, how could they be sure that you would keep extending the time off?
I’m more amazed that they kept you on for so long!

Out of interest how much was the headset you
requested? Unless the cost was excessive you could have bought it from yourself to acclimatise to it at home to ready for your return to work.

So, for clarity, out the 22months you were employed by this company, how many months did you actually work?

You have completely taken the piss and done everything in your power to delay your return. No job is going to put up with that.

Why did you need to see your GP before going back? Why did you need that final appointment.

Either you felt ready or you didn’t. My guess is that you wanted a further sick not and the GP said no. So now you’re pretending that you fully intended to return.

Putting the legal side aside for now, you have hearing loss and tinnitus, You've mentioned in a previous post how the headset hurts your ears, and you working a place where you're on the phone all the time. I don't think it's the right match for you.

Have you been looking for non-phone related jobs? If not I would try.

I am a little confused by your timeline, like many other people. Why are you waiting for appointments to be done before you go back to work? Why you waiting so long when you have access to private healthcare? Most people fit appointments around their work.

The fact you had a fit note to 7/7 does not mean you HAD to stay off that long, it's just the MOST you can stay off with that cert from the doctor.

By not utilising the private medical made available to you and delaying a GP appointment for a break away, you 100% DID delay your return to work. Your partner, who works for the same company, should have known better than to book the break at all. And you, as a grown adult who has been off sick for months and was having discussions with your employer in the run up to the break, should have cancelled it and prioritise your return to work.

Wow as a small business owner its employees like you that we really struggle with.

Your entitlement is shocking, I can’t believe you’re now going to try and take them to tribunal!!

Either work or don’t - but it’s not fair on anyone to mess around like you’ve done.

There’s no paragraphs. It’s really hard to read. Does your job require you to use written communication? If so this is a reason why they weren’t happy with you.

Exactly this. Huge amounts of absence in the first two years of working somewhere is obviously going to make them question suitability for the position. They are a business at the end of the day and it’s unreasonable to expect a business to continue to pay someone indefinitely who isn’t there. I think a lot of people think documented health issues gives them an untouchable safety net against getting dismissed and this is just not the case.

The thing that a lot of people don’t seen to understand (and I come at this from a position of having a disability myself) is that being covered under the disability act does not make you fireproof in terms of absence.

Yes your employer is supposed to make reasonable adjustments, but whether or not these are made, you still have to attend work, and if you still can’t or won’t, then they’re entitled to dismiss you in relation to capability.

Of course you ‘physically could’ have attended the GP before 30/06 - by not going away on holiday! That’s not “awkward” as you described it; it’s beyond cheeky.

As PP said, you didn’t need to wait for an appt and go the GP for their ‘permission’ to go back to work. You should have got the headset and acclimatised to it as part of you taking responsibility towards your RTW.

You've worked hard to frustrate the process , you’ve had a very good innings so take it as a win and put that energy into getting a suitable job id suggest.

OP, having a disability does not mean that all absence related to that disability is just written off. If you are unable to provide "regular and effective" service you can legally be dismissed. You have had 10 months in less than 2 years off work - you won't have a leg to stand on for a tribunal. You need to accept it and look for another job.

You mentioned that you were off work because of work related stress, but your disability appears to be related to your hearing loss/tinnitus. Can you explain exactly how these are connected, and what efforts you made to address the causes of your work related stress prior to going off sick?

On the face of it, your absences don't appear to be directly related to your disability, so if they have dismissed you for your poor attendance, I don't understand the connection?

This. You have some neck going on holiday. I don't think they have done anything much wrong.

Hmm, having had time off due to mental health issues myself, that seems like a HUGE fit note to be issued all in one go. I've had mine previously written up and extended as necessary and it is definitely not a requirement to have to see the GP before you go back. You can make the choice yourself, I know you keep saying that you went back a week earlier than your fit note actually stated, but that was still after a significant time off, you putting off meetings to facilitate your return because of a holiday and it "not being one of your working days". . Given the fact you also didn't utilise the private health care to get things resolved faster, I can appreciate why they have made their decision. Having chronic health issues is really terrible and it can be a struggle to balance things but I can definitely see your employers stance here, even if I think they could have acted better in some respects (for example supplying appropriate headsets).

As I said in my earlier post, I think there is way too much history now for this to be an amicable work environment. Definitely cut your losses and find something more suitable elsewhere. I'm not sure this is a battle you can (or should) win.

Sorry I'm not clear on whether the cause of absence was related to your disability? What was the stress in relation to?

They’re dismissing you because you have spent a large part of your employment off sick for a number of different issues.

Reading between the lines, you have a (what I suspect is fairly minor) hearing impairment and the real reason for your absence is your various mental health issues. You have been offered help which you haven’t taken up, and when you’re questioned at capability meetings (which is a normal procedure) you become upset and see it as an attack or being ganged up on, which makes it very difficult for anyone to engage with you properly.

Frankly, most employers wouldn’t have kept you on for this long. You went on long term sickness absence for months very soon after your employment began.

I’m a former trade union rep and I’ve represented lots of people in relation to sickness absence and capability procedures. I don’t think yours is a case where I could have helped you. The only thing I can really see that your employer should have done is provide the headset, but it sounds you sent someone a broken link and then didn’t take steps to look at sourcing anything else, which doesn’t help.

I understand it’s hard to lose a job when you and your boyfriend have mutual friends through work, but that isn’t your employer’s problem. Neither is the fact that your boyfriend booked a holiday that you prioritised over your medical appointments.

I’m really sorry as I know it’s hard to struggle with mental health issues and that your tinnitus must be difficult to manage. But I don’t think you could actually cope with the job you were paid to do, even with adjustments, and I think you would be better off looking for something more suitable for you.