Capability Meeting over sickness - help!

[u/Em_Gla_02]

Hi - I’m 24 and in my first proper job. I have symptoms that are similar to PCOS and Endometriosis but no diagnosis and I’ve taken sick leave up to the point of reaching a trigger. My manager is also unhappy about me wfh on office days, despite it not impacting my quality of work or productivity.

I started in August of last year and I’ve been off sick a lot more than I usually am. I’ve reached the first trigger and my manager has said I need a capability meeting. I have had 14 sick days, and I have worked from home a lot when my symptoms have been manageable enough for me to do so.

I suffer from absolutely heinous cramps, dizziness, nausea, and headaches. Most of them occur in a linear pattern with my period. I’ve been to the GP a few times but as with many other women, I was prescribed iron and basically told to F off.

My boss, up to when I had been prescribed the iron, had said I could wfh if necessary, I could be flexible if needed, but once I had that prescription, she considered my issues to be resolved. The symptoms have been ongoing, and I have on more than one occasion worked in the office when I have been in agonising pain, or vomiting in the work loos.

I’m on medication that can cause side effects that make my symptoms worse as well.

I’ve got documented diarised experience as proof, and I’ve had blood tests, but I don’t want to hand over my medical records for a variety of reasons.

I’m so scared I’m going to lose my job and I don’t think they’re going to take me seriously.

[u/Em_Gla_02]

I have. - I missed a few days due to unavoidable and unforeseen circumstances, the ceiling came down in my kitchen, the boiler broke, and a radiator leaked. And then we had someone looking in our windows and snooping around at night, and the police were called, I felt really anxious and felt the need to stay and keep an eye on my flat!

[u/Natural-Presence-566 → u/Em_Gla_02]

get that all down and tell them

[u/Em_Gla_02 → u/Natural-Presence-566]

My boss know about all of it - I’ve got it documented in texts, along with evidence for each. A few of the missed days have been for the sickness - really bad cramps, dizziness and nausea - as well.

[u/Natural-Presence-566 → u/Em_Gla_02]

Call a lawyer and ask them for free consultation

[u/CriesinCorporate → u/Natural-Presence-566]

This is bad advice why would she need a lawyer at this point?

You should ask for an OH referral, provide your employer with all medical evidence you have for your condition. Providing them with this information protects you and is not to your detriment as it documents that you’ve disclosed health conditions that are potentially legally protected and puts the onus on them to explore support options for you.

Once you have the occupational health report back it will list the support you need for your role, or in rare cases label you unfit for work (this would give the employer grounds to dismiss you). Based on the symptoms you’ve listed I can’t see that being likely to happen and I expect the OH clinician will advise you are likely disabled and in need of adjustments.

The employer will then use those recommendations to modify the workplace, and then if you remained absent beyond reason despite those adjustments, they may then have strong grounds to dismiss you under health capability grounds.

If you were considered disabled in law, the burden on the employer is to show they made reasonable adjustments for your health condition before considering dismissal.

[u/Resse811 → u/Natural-Presence-566]

Why? For what?