- F

Fired while being disabled and waiting for surgery
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Hi, my name is V and I'm a registered veterinary nurse based in the UK. I have a few chronic illnesses/disabilities including hEDS, and most recently suspected endometriosis and/or pmos. I have been back and forth to the doctors and under the care of the gynaecological team for just over 3 years awaiting multiple tests, scans and eventually surgery.
I started a new job in January. Before starting and throughout my employment I have been open and honest about my disabilities and additional needs, including my ongoing endo investigations and that I was on the list for surgery but could not say when, as the NHS had no idea when it could be. Throughout my employment they were very accommodating, making adjustments as needed. I thought I had landed my dream job in a career I love.
At the start of June, I experienced my first proper dislocation from my EDS. It was a hip dislocation that happened at home. It resolved itself and with x-rays from A&E It was confirmed to be an atraumatic dislocation. Around this time, I started to experience episodes of dizziness, nausea, visual blackouts, and severe headaches. A couple of these episodes happened at work and once while driving. I was rushed to A&E one night when experiencing a particularly bad episode. After seeing the doctor in the emergency department and going through some tests, they determined that I was most likely experiencing atypical migraines, and that I should go onto preventative medication as my rescue medication was not enough. Although the diagnosis was not solid, it fit best with my symptoms. That weekend I was placed on medical suspension from work with full pay (without discussions or meetings beforehand). I thought this was a lifeline; I was able to focus on recovery without worrying about bills. They put me through the process of talking with occupational health to make sure my return to work could be done safely and implement any changes needed. It was also during this time that I finally received the date for my exploratory laparotomy surgery to diagnose and treat endometriosis, something that has been years in the waiting. It is scheduled for the 11th of August.
My OH assessment was great; the Dr I spoke to was really kind and supportive. It was her opinion that I was unfortunately going through a collection of health conditions simultaneously. She advised me to pursue any other causes to the blackouts (e.g. POTS) with the GP, as there are concurrent conditions that go along with EDS that can cause the episodes I was having that can be easily managed. She did say a timeline and prognosis was hard to determine, as these conditions require investigation and treatment needs some time to kick in. Alongside my surgery, she told me I could potentially return to work between mid-late September but did not include this in her report as she did not want to give a timeline that was subject to change. The conclusion of the report was that although I was not currently fit for work, it could potentially change based on the diagnosis/treatment for the episodes and outcome of the surgery. The OH’s final recommendation was a re-assessment in 6-8 weeks when more information would be available, and was optimistic about me being able to return to work.
I met with my boss after the OH assessment to do a risk assessment based in my capability for that day. It was concluded that I would not be able to carry out a lot of my tasks as a nurse whilst actively symptomatic. I told boss that the OH Dr advised a mid-late September return, and that we would have more answers after surgery. I made a joke about having to re-introduce myself when I return as there have been a few new staff members added to the team in my absence. It was my understanding from the meeting that we would re-assess in 6-8 weeks, after my surgery.
Last week, only a few days after the risk assessment, I was given a letter from work informing me that taking into consideration the OH report and risk assessment, they would be terminating my employment on the basis of capability due to the blackouts and my EDS. I was at a complete loss. At no point was I aware or informed that my job was on the line. There were no meetings to discuss my role or future of the company, something that is recommended through ACAS guidelines. After processing the news, I reached out to my boss to ask if we could have a meeting. I wanted to understand the reasoning behind the decision, but most importantly I wanted to find an alternative solution that did not result in me loosing my job. At this point I still held no hard feelings, I believed this was a decision they made trying to protect me and with my best interests at heart.
My boss explained that I would not be able to meet with them formally or informally, and that if I wanted to appeal the decision it had to go through the proper channels with their legal advisor. I did not want to take it up this way, but with guidance from a union representative I wrote up an appeal. I provided new evidence, particularly from my GP, who determined the episodes atypical migraines and/or side effects from the medical menopause injection I was taking for my endo. They too agreed I am going through an unfortunate flare of a few chronic conditions simultaneously, but that with medication and recovery from surgery the symptoms would be treated or at the least controlled and that I could return to work as I was. In my appeal I mentioned that I felt the decision was premature. I offered an alternative solution of statutory sick pay for august, and a re-assessment at the end of the month as per OH recommendations. I said that should my capability still not fit the role after a second assessment I would be sad but accept the decision. In my appeal I mentioned that I really loved my job and the amazing support I had received so far, and that I hoped we could reach a solution together.
When I sent the appeal their lawyer advised that there would be no meetings. That he would read my letter and make a recommendation for my boss. That my boss would take that recommendation into consideration and the decision would be final. Unfortunately, even though this does not meet ACAS guidelines for a fair appeal, it is not illegal.
Today, after only one day of having my appeal and new evidence, I was informed that my appeal was not being upheld, and that the decision of termination stands. I have been deemed unfit for work and dumped in the space of a week.
The real kicker is that during my time at this job one of the other nurses was also going through serious health problems. She was in and out of work for a couple of months and was also hospitalised. Her condition meant it was unsafe for her to carry out most tasks required of a veterinary nurse, but she was allowed adjustments and time to get a diagnosis and treatment. She was not placed on medical suspension or deemed unfit for the role. The only differences between me and this nurse are she is a member of management and has been employed with the company for over two years.
As I have only been employed with the company for 7 months, I do not qualify to make the case of unfair dismissal. After speaking to ACAS and EASS, the only thing I can claim is discrimination. My boss and their lawyer have used every loophole they can to dismiss me and leave me with little to no case to make, despite the obvious unfairness of the dismissal. I have been advised that I could make a complaint and case for discrimination. Looking back, some of the actions taken have shown discriminatory action, but I am so tired. During this process, I have also been having to look for and apply for jobs, apply for universal credit and prepare for surgery. My choices are slim. I need to start work at the start of September to start earning again asap, as we have no savings and were already living paycheck to paycheck, however jobs in shops etc. will not be feasible at the start of the month, as I will still be recovering from surgery any may not be at the stage to be that physically active. I have looked and applied to one office job, but all other office positions I find require qualifications I don’t have. At the end of September when I will have made a full recovery from surgery I will be able to do a wider variety of jobs, but again, we financially cannot wait until then.
My husband moved jobs last month. This month he only received half a month’s wages due to this change (this was before everything went bad. He would not have changed jobs if I was dismissed sooner), so we are already going into the next month with a quarter less amount of money as usual. My husband will also need to take time off work to support me during my recovery, but he is now on a 0hour contract, meaning any time he takes off to look after me is unpaid.
We have made the difficult decision to rehome one of our cats to cut costs. It has absolutely devastated us as our cats are like our children, but we are having to make any savings we can, or we will lose our home. She will be going to a friend who already loves her dearly, and we know she will be safe and cared for.
We were going to spend and spare cash we had on some bits to help with my recovery from surgery, but this too is no longer possible. I am scouring marketplace and charity shops for the items I need, but it is proving harder than I thought.
The bottom line is this:
I CANNOT cancel the surgery. My current quality of life and future capability to work depends on it
I can only apply for office jobs to start in September. More physically demanding jobs will only be possible at the end of September/October.
We have no savings to cover us for this period. My husband will be earning a reduced amount in this time due to job changes and time needed to care for me.
Our monthly bills are as follows:
Rent: £1600
Council tax £217
Energy bills £150
Car finance, insurance etc. (without fuel) £360
Pet insurance, food and litter £200 (will go down when re-homed one of the cats but this will not be until september. Would probably be more like £130 pcm after that)
Wifi £50
Total so far is £2,577, and this does not include food. Average uk monthly cost for food for two is £432 (according to clearscore), which would bring our total monthly bills up to £3009. Do not let this high number fool you; we live on the outskirts of a large city, and the inflated housing costs have started to bleed to surrounding towns like ours and we are by no means living extravagantly. We frequently shop as effectively as possible; planning Costco runs alongside Aldi/lidl trips. I live in the reduced section in tesco and asda most days.
It is a lot to ask, but anything that can help tide us over this rough patch would mean the world. We wanted to save fundraising for private hysterectomy surgery, but our current needs outweigh that. We need enough money to help cover bills for the next two months or we stand to lose more than a cat, we will lose everything we have been trying to build towards for years
Organizer and beneficiary
Andrew Mercator-Ellis
Organizer
Samantha Macrae
Beneficiary
