England: Dismissal after diagnosis of endometriosis. Do I have a case?
TL;DR:
I worked as an NHS Healthcare Assistant while struggling with undiagnosed endometriosis, spent years on waiting lists, paid privately for surgery that finally confirmed the condition, then was dismissed for sickness absence shortly afterwards. I’m appealing because I believe my attendance was judged before treatment and recovery had been fully assessed. My appeal failed.
For four years, I worked as a Healthcare Assistant on a spinal ward while experiencing ongoing symptoms that were later found to be caused by endometriosis. I had been referred to NHS gynaecology services in 2022, but experienced long waiting periods and remained without a confirmed diagnosis for several years. During this time, I had repeated episodes of pain and sickness absence while trying to continue working, the longest of which lasting 6 months. I even offered to take unpaid leave and annual leave instead of sickness but the trust declined.
In August 2025, I sought private medical care due to ongoing symptoms. A sickness hearing was called on 20 November 2025 and a week later I underwent surgery, which confirmed significant endometriosis and allowed treatment to be carried out. I personally funded the surgery at a cost of approximately £5,000. I was advised that although initial recovery would take around 6–8 weeks, internal healing could take between 3–6 months.
Despite this, I later attended a Stage 3 sickness hearing and was dismissed from my role on the grounds of ill health due to ongoing sickness absence. I appealed the decision, arguing that the process had progressed before my condition had been fully diagnosed and treated, and before a sufficient recovery period had passed. I also argued that I had taken significant steps to improve my health, including losing 40kg, engaging with treatment, and actively managing my condition.