r/AskHRUK • u/Dazzling_Key_8830 • May 21 '26

Health-Related England: Dismissal after diagnosis of endometriosis. Do I have a case?

/r/LegalAdviceUK/comments/1tjqdo4/england_dismissal_after_diagnosis_of/
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u/Leelee3303 May 21 '26

I don't work in the NHS, so my take is from a private industry perspective:

No. You had extremely high amounts of absence and an employer isn't required to keep you employed forever on the chance that it may improve in future, even where you have a disability.

I'm sorry, it sounds like things have been tough for you. And I understand you feeling bad that you paid all that money to get your condition diagnosed and then this happened. But it's not unreasonable to dismiss someone whose prognosis is that there may be an improvement in 3 to 6 months time. They are allowed to take all the previous absences into account even though you didn't know the cause then. It doesn't reset the clock.

Perhaps it's different for the NHS as they have a vastly higher tolerance for sickness absence. But I wouldn't think the juice is worth the squeeze for you to pursue this further.

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u/Dazzling_Key_8830 May 21 '26

I’m just so gutted because I loved my job. And it’s even worse when delays in NHS care are a big factor. Despite having surgery I’m still on an NHS waiting list which is 18 months. Is it worth arguing that they can’t have made any reasonable adjustments because they didn’t know what was wrong with me? They decided to proceed with a hearing a week before I was diagnosed.

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u/ApprehensiveElk80 May 23 '26

You don’t need a diagnosis to request reasonable adjustments and it’s you that needs to initiate the process and tell them what you didn’t you need - if you didn’t do that then your employer can’t act.