Legal update – Endometriosis and Unfair Dismissal


Painful Truths: Endometriosis and Unfair Dismissal 

 

March marks Endometriosis Awareness Month, highlighting a condition affecting 1 in 10 women and individuals assigned female at birth. A recent employment tribunal case underscores the workplace challenges faced by those with endometriosis and emphasizes the necessity for employers to provide appropriate support and accommodations. 

In the case of Ms. PP v Spericle Ltd T/A Properties on the Market, a 29-year-old estate worker suffering from endometriosis was awarded £31,707.34 for unfair dismissal. Diagnosed in 2018, Ms. PP’s condition worsened in 2021, leaving her bedridden and awaiting surgery. Initially, her employer permitted her to work from home to accommodate her health needs. However, this agreement was abruptly revoked, with the employer stating that if she was unwell then she should not be working.  

The Nottingham Employment Tribunal found that the employer had unilaterally withdrawn the reasonable adjustment of remote work, despite its previous effectiveness. Employment Judge V Butler noted that the employer had “fabricated disciplinary documents” against Ms. PP and described the company’s director as “a totally unreliable witness.” The tribunal concluded that the employer dismissed Ms. PP because she requested to work from home as an accommodation for her disability, without proper investigation or consultation. 

Key findings included: 

  1. Disability Recognition: The tribunal recognised that Ms. PP endometriosis constituted a disability under the Equality Act 2010, as it had a substantial and long-term adverse effect on her ability to carry out normal day-to-day activities 
  2. Failure to Make Reasonable Adjustments: The tribunal determined that the employer failed to make reasonable adjustments to accommodate Ms. PP condition. Despite her requests and the initial agreement to allow her to work from home, the employer’s subsequent withdrawal of this arrangement was deemed unreasonable 
  3. Unfair Dismissal: The tribunal concluded that the dismissal was unfair, as it was directly linked to the employer’s failure to accommodate Ms. PP disability. The lack of reasonable adjustments and the resultant distress led to a breach of the implied duty of trust and confidence in her employment contract 
  4. Compensation: Ms. PP was awarded a total of £31,707.34 in compensation, which included a basic award, compensatory award, injury to feelings, loss of earnings, and an ACAS uplift 

Endometriosis is a chronic condition causing severe pain, fatigue, and other symptoms that can significantly impact daily activities, including work. Despite its prevalence, many employees with endometriosis face misunderstandings, stigma, and inadequate support in the workplace. Reasonable adjustments, such as flexible working arrangements, are crucial to enable affected employees to manage their symptoms effectively while maintaining productivity. 

Under the Equality Act 2010, endometriosis may qualify as a disability if it has a substantial and long-term adverse effect on an individual’s ability to perform normal day-to-day activities. Employers are legally obligated to make reasonable adjustments for employees with such conditions to prevent workplace disadvantages. 

Key Lessons for Employers 

    1. Recognising Endometriosis as a Workplace Issue
      Employers must acknowledge the significant impact of endometriosis and similar chronic health conditions on employees’ work capabilities. Endometriosis can cause severe pain, fatigue, and other symptoms that can hinder an individual’s ability to perform their job effectively. By increasing awareness and understanding of this condition, employers can foster a more inclusive and supportive workplace culture. This involves educating staff about endometriosis, promoting empathy, and ensuring that employees feel comfortable discussing their health needs without fear of stigma or discrimination.
    2. Implementing Reasonable Adjustments
      Making reasonable adjustments is crucial to support employees with endometriosis. These adjustments can include flexible working hours, remote work options, and time off for medical appointments. Flexible working hours allow employees to manage their symptoms more effectively, while remote work options can reduce the physical strain of commuting and provide a more comfortable environment for managing pain. Time off for medical appointments ensures that employees can receive necessary treatment without added stress. Implementing these adjustments demonstrates a commitment to accommodating employees’ health needs and maintaining their productivity.
    3. Engaging in Open Dialogue
      Encouraging open conversations about health conditions helps employees feel supported and understood. Managers should be trained to handle discussions about long-term illnesses sensitively and constructively. This involves actively listening to employees’ concerns, showing empathy, and providing reassurance that their health needs will be taken seriously. Open dialogue can help identify specific adjustments that may be required and ensure that employees feel valued and respected. Creating a culture of transparency and support can significantly improve employee morale and well-being.
    4. Developing Comprehensive Workplace Policies
      Establishing clear policies for supporting employees with chronic illnesses is essential. These policies should outline the process for requesting reasonable adjustments, the types of accommodations available, and the criteria for eligibility. Ensuring that decisions regarding accommodations are made fairly and consistently helps prevent discrimination and promotes equality. Comprehensive policies provide a framework for managers and HR personnel to follow, ensuring that all employees receive the support they need. Regularly reviewing and updating these policies can help address emerging needs and maintain compliance with legal obligations.
    5. Avoiding Unilateral Decisions
      The tribunal ruling highlights the dangers of making unilateral changes to working arrangements without consulting the affected employee. Employers should engage in a collaborative process when modifying existing agreements. This involves discussing proposed changes with the employee, considering their feedback, and exploring alternative solutions together. Collaborative decision-making ensures that adjustments are tailored to the employee’s specific needs and helps build trust and confidence. Avoiding unilateral decisions prevents misunderstandings and ensures that employees feel involved and respected in the process. 

 

This tribunal case involving Ms. PP serves is a vital reminder of the challenges employees with endometriosis face in the workplace. Employers must take proactive steps to ensure compliance with legal obligations and foster an inclusive work environment where all employees feel supported. By recognising the impact of endometriosis and implementing fair workplace practices, organisations can enhance employee well-being, productivity, and legal compliance.