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Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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On July 01/07/2013 I was dismissed from my job at one major

Customer Question

On July 01/07/2013 I was dismissed from my job at one major retail company without any warning, I was on a temporary contract since Christmas because I am a good worker and very good with the customers, but I suffer from a disease called endometrisis, this incurable disease means that when I am on my period I also bleed from behind my womb, and other places internally causing inflammation and extreme pains that left me bedridden for a few days, plus it causes infertility, the symptoms got much worse after I had a laparoscopic surgery back in February, I suffer from chronic pelvic pain.

This terrible disease would make me miss some days at work mainly during my menstrual period, in these last 06 months I seem to have also developed another womb disease called adenomyosis which causes the uterus to enlarge and I have a small fibroid both were shown during an ultrasound exam, I am under medical investigation at the moment, but the pain only interferes with my life activities during my menstrual periods and I am still waiting for appointments to help myself find the best treatments, the rest of the days I am fine, happy, bubbly, but sometimes my periods were irregular and I used to wake up in a bath of blood and very sick unable to get off bed, I would always keep them updated with letters from my visits to A&E, tell them about any medical appointments in advance and use my holidays and days off to see my the Doctors.

In these 06 months I have said no to a few job offers because I really enjoyed working at this job and was expecting that they would make me a permanent member of their staff but they kept me uncertain for 06 months.

I have been on a fixed term contract since 02/12/12.

I would also like to mention that in February 2013 I suffered many seizures and sinus tachycardia after a gynaecological surgery that left me in hospital for a few days, I was in a serious condition, this was was probably caused by a sensitivity to the general anaesthesia that I was given before the surgery. I have letters and notes from Doctors and hospitals to prove what happened, it was very traumatic and painful.

After this episode my body developed some unusual symptoms which included headaches and fast heartbeats, these symptoms are becoming much less frequent as time passes and my body is slowly recovering from the shock, I needed to go to hospitals in order to have heart tests and tests to measure the electrical activities of the brain.

I had these symptoms and absences for being at the hospital mentioned during my dismissal meeting with one of the managers, I just could not believe it, I feel that I have been harshly, unfairly treated for having suffered from these unpleasant and traumatic episodes that I had no control over, and for having to go to hospitals, it seems that I had them used against me, the manager who I had the meeting with also mentioned the fact that I was booking holidays.
She said that it was not nice for the shop and for my colleagues the fact that she had to rearrange the staff during the days that I had booked off work, I had a 2 weeks holiday I used to work 33 hours a week. I feel humiliated by this person, I did not deserve such treatment, I would like to be dismissed in a fairly and respectful way, not be treated as someone who has done something horribly wrong.

They have chosen to dismiss me because of my health but is it right to humiliate someone because of it? She said that she needed me to be a "100%" and I am not, I would like to know if we as humans are ever feeling "100%" all the time without the need to book some days off or be off sick at least once in our lives? Why should someone be made to feel guilty for being sick? She said that it is more acceptable if you only have to go to the dentist once in while but I had too many appointments which is not true at all.

I could not defend myself, I did not have the option to be heard, it was one of the worst experience of my life to hear somebody else that knows very little about what is going deciding what would be best for me, my health,and my career in such a rude, humiliating manner, and she said so many other things, I wonder if she is medically trained or specialised to think that knows all about my health.
She told me that she had chosen not to give me a final warning because of any future sickness or hospital appointments I would have in the future, even though the final warning option was proposed by other members and is the company policy before the dismissal, that is what she told me.
And apparently it seemed that it was wrong for me to book holidays.

I have been left feeling depressed by someone so irresponsible, rude, and unprofessional, it was such a bad experience for me. And I feel guilty for being a woman with a troubled uterus
Submitted: 4 years ago.
Category: UK Employment Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded.

For now please let me know do you have a specific long you have worked there.

JACUSTOMER-kxacsq8b- :

I have worked there since Christmas, as a Christmas temp 02/12/12 my contract expires on Saturday but the company police states that there has to be would be one first absence review (which I had) and a second one, she said that she chose not to have the second absence review and dismiss me instead, I also did not have enough notice, in Fact I had no idea that the meeting was to dismiss me, she said that it would be an informal meeting and did not specify the subject.

JACUSTOMER-kxacsq8b- :

My contract ends on 06/07/2013 but I have been unable to go to work due to this episode and I feel hurt.

Ben Jones :

Thank you for your patience, just to clarify - is the policy you refer to contractual or just a non-contractual policy available at work?