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.

Used to work in a gp’s surgery. Probably not the same in all gps, but as a rule, they didn’t do a ‘return to work’ sick note, as they’re not psychic, and if you me signed off for a heart attack, they can’t predict if you’re going to have another one two days later. In the sick note, they may advise a phased return, but that’s as far as they go.

I'm surprised this thread is still running.

The OP came for…advice? Support?… but isn't listening.

A waste of time really. Let ACAS or employment lawyers tell her she does not have a case and as a PP said earlier if she still thinks she has and continues to fight, be liable for the legal bills of all of those involved.

I'm not saying everybody was off that long but plenty were off a good while, I used to see them when I left my house on my lunch hour to go for a walk, I used to see them all crammed in the local park with their kids when the point was they were supposed to be at home preventing the spread! The ice cream van even used to turn up!

In February 2021, the council in Cardiff Bay had to shut car parks to stop people going to the beach in lockdown - that's nearly a year since lockdowns started at that point.

The company have been actively recruiting for 40 plus new people ...

But in all honesty, @mummytippy, why would they include in that someone who they have every reason to believe won't be there to actuallyy do the work needed?

I get that this is difficult, but am seeing no suggestion at all that you're able to see it from an employer's point of view, and while they've tried to support you the ones doing the paying will naturally prioritise the business

Am I missing something? You were off sick almost as much as you were in work, I hardly think that unless this headset you've got your eye on is imbued with magical powers it would have made a scrap of difference to the predicament you find yourself in currently.

All people will suffer bereavement, unless they themselves die prematurely. All women will go through menopause, mental illness is frightneningly common and tinnitus and hearing loss is also, not out of the ordinary. You are not coping and that is unfortunate, but an employers' role is to renumerate you for work, not rehabilitate you for life.

Let this go. Use the energy you're spending clinging on to this futile excercise of fighting to get a job back that you couldn't cope with in the first place and find something you feel you can cope with. Do yourself and your ex employers a favour, move on.

This is much more coherent. Reading this … i kinda feel the company should have allowed a return to work with the headset and other adjustments in place

it’s irrelevant if anyone thinks the OP has taken the piss. If she can show the heating issues are having a significant and debilitating effect then she’s got a disability and adjustments should have been made, particularly in light of the fact the company’s own OH provided recommended all treatments be complete before RTW - they’ve connected the absence to the disability and the tinnitus is also on the sick note and if the OP states the stress is exacerbated by the hearing issues then the absence should be considered linked to disability and not a basis for dismissal

Op was posting about tinnitus and headsets back in April, yet appears not have done much about it until June.

I wouldn't take any further advice from him, then.

This here ^^ is your problem. How you see yourself is very 'woe is me' and you think your issues are way worse than anyone else's, and that's why you think you're right.

You're not. In the past 18 months I've had life changing injuries, multiple surgeries, permanent severe disability, breast cancer and menopause. I still think you're taking the piss. You've had more time off than I have.

OP I do actually feel sympathy for you and what you have gone through personally, and actually think the vast majority of posters on here feel the same, but unfortunately emotion doesn't mean that events change. And as much as someone may feel for your circumstance, that doesn't have a bearing fighting a dismissal.

It may be better if you try and see it from the employers side, as least to understand and then better address their concerns about the longevity of your future in the company.

Also perhaps think about, if you were to return, what would that look like and how would you feel? Id assume that there would be bitterness on both parts due to the last few months, and if youre struggling a little mentally, would that not exasperate your negative thoughts?

Perhaps look at the bigger picture and it may not be worth the energy

I mean lots of us will have been through it. I haven’t had the best few years myself. I feel for your circumstances but that’s doesn’t mean you can act as you have with work and expect to remain employed.

The problem is that the OP is saying she was off because of panic attacks and stress, she isn't clear on what it is she's having panic attacks about, she'll says it's to do with the equipment but they've made adjustments for her, then she says it's the job that she can't deal with so what would be the point of the company taking her back, then she says the panic attacks are about the tinnitus which isn't going to go away! She can't even make up her mind what it is she's having panic attacks about. That's why she starts to sound like a fraud to the company because she's got several different versions of events!

I completely get that, but that’s what needs to be determined by ACAS and a tribunal judge if it gets that far. She has to put her case across to try to convince them that her absence is linked to disability and state that the company haven’t facilitated a RTW. The onus is then on the company to prove she’s being dishonest about her absences and that they’ve made every effort to implement adjustments.

personally - I think it sounds shady - I honestly do. But if the company haven’t considered adjustments for the recent absence and the OP has followed the recommendations of OH and the company have ignored that then she could potentially have a case.

although as others have said - why she’d want to work at such a stressful place is beyond me - and someone else said she’s done similar before according to prev posts so perhaps she is just a chancer

if the OP states the stress is exacerbated by the hearing issues then the absence should be considered linked to disability and not a basis for dismissal

As has been pointed out many times, they've not dismissed her because of the disability but the absences, and contrary to what seems a growing impression they're quite entitled to do this providing the correct steps have been followed

I have.

I lost my father. Got diagnosed with an incurable condition which threatens my life daily.

however I don’t have mental health troubles but I have previously and I wouldn’t wish it on anyone

I work an incredibly physical and mentally tough job. I deal with suicide and death and all types of people. Addictions. Mental health. Learning disabilities etc.

I just have to get on with it. I do however absolutely adore my role. It’s something I wouldn’t ever ever ever have to give up so because of that I will always push myself to attend.

But were you there for them to buy it for you?

were you in the office for the majority of the time for them to give it to you and test it out?

Holy moly!

I can’t really talk as I love my job. I mean I would cross heavens and earth to go to my job. That’s how much I love it

so sickness and grief wouldn’t bother me because my job helps me through things like that.

Maybe they just could t afford it anymore?

Did they know they’d gone on holiday?

Can I ask why you needed CBT to cope with the job?

Oh my………

wow.

I missed so much.

I get it now.

Can I ask why you needed to see the GP before you returned on 7/7?

would the 7 days difference that they asked of really made a huge difference for you?

what were you planning to do within those 7 days that you couldn’t do on 30/6?

She went on holiday with boyfriend who also works at company.

In reality you weren’t capable of doing the job they paid you to do, just find a job you can actually do.

Wow you sound like hard work as an employee. I’ve read the whole thread and still don’t see an answer to the questions you have been asked multiple times-

why did you feel you had to see your gp before returning to work? As others have said that’s not the case, unless you actually wanted to see them to continue to be signed off.

why did you choose to go on a holiday instead of prioritising an important appointment? Yes may be disappointing to miss the trip but you’ve taken the piss massively now and choices like this aren’t helping you.

no wonder your employers were fed up of you and your absence record.

You’re not ‘good at your job’ if you aren’t there half the time to do it.

Could you answer these two questions please?