Unfair dismissal?

You have delayed the start date, and taken huge amounts of time off in a short period of time which was massively inconvenient for them.

The broken ankle was not your fault but nor was it their fault.

It's a very unfortunately start to a new job but certainly not unfair dismissal as you were unreliable.

You'd only just started hadn't you?

What seems to be confusing you here is the manager telling you it's only the sick days that are the problem which you're then comparing to your male colleague. Truth is your absence record is actually much higher when combined with your ankle absence. It's likely that they're really looking at both.

I'm not saying she should sue. I'm saying if she has a disability that will last for more than 12 months (already been 6 months and not better) she may have a protected characteristic - which is legally correct. She's been treated quite poorly.

Lol, don't be this person OP.

There'll be other jobs, your employer has every right to terminate your contract as your length of service has no protection.

How have you got to presumably general manager level (as you say this job is a step down at ass manager) without being aware of how return to work meetings and confidentiality around HR processes work? You have no idea what conversations are being had with your male colleague about his attendance record.

Lordy lord this is not true at all. It’s very unlikely that she will qualify as disabled and as yet she does not so is not protected. Beyond a reach.

No idea what being male has to do with it

How do you get to assistant manager level and have not heard of a back to work meeting? I thought this was standard

I don't think you have a case. Unfortunately you weren't really up to taking on this job. If you had worked there longer they may have had more sympathy. But all those absences in that short period of probation just makes you unsuitable for the job.

Did they advise what the sickness level was during probation? In our company it’s 2 days. You can extend the probation if there’s a problem, like your ankle, but you don’t have any case against them as you’ve likely exceeded the sickness during probation max and unfortunately higher levels of sickness during probation can indicate higher levels further on. That is costly to businesses.

Don’t take advice on this from MN OP. It’s incredibly unreliable and there are always multiple people posting who don’t understand the law, who seem to think no one has any rights. I would contact ACAS for advice. There are a few things that may have happened here - failure to follow proper process, and/or discrimination. ACAS will be able to advise further. Good luck and sorry you’ve had such an awful run of luck with your health, sounds awful.

Another one that agrees you have no case. Unfortunately it’s been my experience that people with a high degree of absence in their probation period are rarely kept on regardless of the reason . My company would certainly take a view that if absence levels were bad during a period where the employee was supposed to be trying to impress, it would likely be far worse afterwards .
It’s. unfair for you I know but onwards and upwards and hopefully you’ll find something more suitable

Sorry to hear about your accident and subsequent illness. Sounds like you’ve had a tough time and you should probably take this time to heal.

As someone who has successfully taken a case to the employment tribunal I would advise you to pick your battles wisely. Your immune system is weak and legal battles are exhausting

You really don’t have a case for unfair dismissal, sex discrimination case nor disability discrimination. You were treated badly and it sucks and I really feel for you.

My case was sex discrimination with a corresponding criminal police case, by the time it got to the employment tribunal they honestly just wanted to settle. I’m sharing this with you to emphasise to you the strength of the case I had.

If you can’t let this go I recommend sitting down with an employment lawyer for an hour.

Talk of claims for disability and sex discrimination is complete nonsense.

OP has no grounds at all. A claim for unfair dismissal only becomes an option if an employee has been employed for two years. Until the two year point you can be let go without any recourse.

Sorry, OP. You've had some bad luck. All your experience counts for nothing if you're not able to put in the hours for an employer. When they hired you you were capable of doing the job, now you're not. It's as simple as that — nothing personal, no reflection on your ability.

I know, having had a relative who was knocked over by her dog and had precisely the nasty break that you have, pins and boot and all, that it's a long, slow road to recovery. She is still unable to walk any distance without discomfort and it may be that this accident will end up with you needing to change your career at least temporarily. Being on your feet all day in a hospitality role is hard when your body is recovering from a bad trauma. You need to be able to rest your leg as much as possible and do your physiotherapy exercises. I wish you a good recovery and a better job in the future.

I've worked with a broken foot and pushed it to far and that combined with the hospital not iniatally seeing the fracture ( I had refractured an old break ) and ended up with condition called complex regional pain syndrome which is where my foot gives me extreme pain . It's really not worth making your body a lot worse for a job but I think it may be worth at least having a conversation with ACAS .

"Disability" something that affects your ability to do a daily living activity - has lasted or likely to last 12 months or more.
The ankle break you have is likely to affect you for 12 months bearing in mind it's a complex break and now another fracture. Therefore you have a diability discrimination claim. Contact ACAS. You could email your employer and advise... "I am writing to formally address my recent dismissal and the implications regarding my medical condition. As you are aware, I have suffered a broken ankle, and medical advice confirms that the impact on my daily living activities will persist for over a year. Given the substantial and long-term effect of my injury, I am classified as disabled under the Equality Act 2010.
I must emphasize that any dismissal related to my condition, without following due process and ensuring reasonable adjustments, could constitute disability discrimination. I kindly request that you review this matter urgently and consider reinstating me in accordance with legal obligations.
I am open to discussing potential accommodations that would allow me to continue contributing effectively to the organization. Please confirm receipt of this email and advise on the next steps." Or simply sue them if you don't want to go back.

Is it unfair, yes. Is it illegal no.

An employer can decide that you're not suitable to work for them because of accident/illness; it doesn't have to be that they think you're malingering, just that you're not as available to work as they need you to be. That's why it's irrelevant whether you were sent home or asked to go home - whether it's genuine is immaterial, from their point of view you aren't able to do the job at the time they need you.

I understand it must sting when you've got a good work record up to now, this is just bad timing. It isn't a comment about your job skills or work ethic.

It's terrible luck that you have been so unwell, but your employer is within rights to fail your probation.

I agree.
You may not win a sex discrimination case but it’s well worth a call to ACAS setting out what’s happened. It doesn’t sound as though the termination is due to the broken leg absence, you mentioned they specifically said it was other absences. On that basis you have clearly been treated differently to a male counterpart who (presumably new establishment and so) is also a new hire? Therefore the only difference based on your account is gender.
I certainly would make enquiries with ACAS.

@Sibc465 how long has your male colleague been with the company?

We have persistent similar issues in my workplace, but the colleague who takes the absolute piss has been there for about 15 years. Sometimes I wonder if the sex discrimination is so ingrained they don’t even realise it, as all management is male.