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Original poster

Unfair dismissal?

40 replies

Sibc465 · 26/05/2025 20:16

Long one. Iv been in the hospitality industry for around 16 years. Iv built myself a career out of it and have hit the highest level.

in Oct I decided to take a huge step back and go back into am (assisted manager). Purely due to home life/work balance. This company approached me!

got the job place wasn’t even built yet. Huge huge company. Start dates agreed training location agreed. Due to start January/feb.

dec I fell over my bloody dog and broke my ankle in 3 places. 2 operations 1 week stay in the mayor trauma unit let home. I informed the company and said ovs unfortunately I would need to push back my training start date. All fine pushed back to Feb.

I went to work first week “classroom” training 5 weeks 45 hours per week puls an hours train there and back.

I worked my ass off was in pain daily and relying heavily on my pain meds. (They knew this).

2 weeks in I fell sick. I informed my direct manager on my day off I had physically vomited. And due to the 48hour policy I wouldn’t make work the next day.
the second to last day of my training I fell getting of the train and my ankle the next morning was in agony. I told him fine no problem.

on week 4 of training the last week my area manger offered to reduce my hours to 30 from 45 as it was obvious I was struggling (still in a boot and unable to walk without. I agreed and took a 10k pay decrease for the duration that I would be on these hour.

There was a team day for our last day of training. Two days after my boot was off. I’d been approved the leave but said I would try to do the team day.

i was informed it was ALOT of walking then bowling.. they said it’s ok you can sit in a coffee shop and wait for everyone., my foot would not fit in a shoe at all it wasn’t a mandatory day I didn’t go. He’s again marked it as absent even though I told them I couldn’t.

Fast forward I’m at the restaurant in my own town so no longer traveling. I’m still relaying on pain meds.

my hours are 30 but my shifts are 3-f. No scheduled breaks. I fall sick again 2 days off this time admitted to hospital. Bp on the floor severally dehydrated can’t keep water down.
they re x rayed my ankle as it was very swollen. Shock hairline fracture. Left the next day as was due on the open spoke with my boss who TOLD ME to take the weekend off.
then marked as absent due to been sick!

went to my next two shifts in my boot then had to see my GP due to this hairline to get re referred to the fracture clinic.

GP told me I need to self cert for 7 days then get a fit note. Spoke to boss he encouraged this.

this is where it gets funny. I receive an email to inform me my probation has been extended by 4 weeks. Briefly mentions my absences, informs me he hopes to see an immediate improvement. And he’s offered extra training… my performance has never been questioned and at this stage I’m home with a fit note!

i message to ask about the email and was informed it’s nothing to worry about it’s a generic email.

my 2 week fit note was due to end on the thurs I emailed the Monday to ask to be rotered for the following week. He read ignored. I asked the next day would this be possible? Yes but we need to wait for your fit note to expire and then do a back to work. Ok never have did before but ok.

I go to the meeting Wich is now a probation meeting not back to work and they have terminated my contract! Due to high level of absences. Fine but here’s where I’m pissed off. He said it’s not my ankle! He said it’s down to the sickness not the ankle and it’s 6 days!!

it’s not it’s four days in my pay slips as five so math isn’t mathing. and two periods it’s four days due to the 48hour policy. One of the days hes marked me “sick” was my day off!! The rest is my ankle.

now this is where it gets really interesting I’m one of 4 managers the only female.

one of the other am has had 4 days sick in the five weeks of training. 2 since our site opened. Numerous lates and an AWOL Wich is gross misconduct! But still has a job!! He’s also been let to leave early once 4.5 hour to watch football and another on a vip night where he left a table unhappy and I had to turn it around.

sorry massive massive post. Think I have it all in but before I waste anymore of my time do I have a case I could speak to ACAs ect with?

OP posts:
TheBlueUniform · 27/05/2025 19:18

As unlucky as it is for you OP, it’s not their problem. It’s not your fault and there was genuine reasons but I can see why they wouldn’t hire you.

Ihopeyouhavent · 27/05/2025 19:10

Ridiculous to think you have an unfair dismissal case.

NewsdeskJC · 27/05/2025 19:09

2 years Unless you have been subject to discrimination due to protected characteristic.

Barrenfieldoffucks · 27/05/2025 19:08

Tbh, being told to stay at home when you're not fit to work should get marked down as an absence... because it is.

Figgygal · 27/05/2025 19:05

Nope sorry op I can't see any protected characteristics you could rely upon to avoid the 2 year requirement.
And you don't know anything about conversations had with your male colleague or their intentions.

SpecialBreak · 27/05/2025 19:02

I disagree with everyone else- with everything you posted here you have a case for sex discrimination which does not require a minimum period of service. Speak to ACAS. Contest the “facts” with your manager (by email) and go through the internal complaints process. You can specifically ask why you are being treated at a disadvantage to your colleague. Keep EVERYTHING in writing. Even phone calls- make notes- date, time, who, what was said etc. this essentially is what I did and helped my case massively
i have been through a sex discrimination case and won I should add.

ByQuaintAzureWasp · 27/05/2025 18:55

No in answer to your question.

Treesandsheepeverywhere · 27/05/2025 18:42

Don't compare yourself to colleagues OP, this could be out of character for them, having been a valued employee for years.

How would you feel having to deal with this in your own business?

Wordsareimportant · 27/05/2025 17:55

It’s a horrible situation… but try to think of the positive, do you want to work for a company like this? If like you say, people aren’t getting pulled up for big things but others are, it’s not going to get better, just worse

Original poster
Sibc465 · 26/05/2025 20:57

Thanks all. Never had this problem before just gutted Instead of using the time to recover as I should have Iv been and worked on a broken ankle and made it worse in the long run.

think my male colleague still having a job with equal sickness including a sore eye. A gross misconduct and extreme lates is clouding my business brain.

OP posts:
Original poster
Sibc465 · 26/05/2025 20:53

FutureCatMum · 26/05/2025 20:28

Another no. You’ve had a lot of time off. It’s not 4 days, you mention a 7 day self cert then 2 week fit note plus delaying the start of your training, plus other sickness and they’ve already reduced your hours to help you. A back to work meeting is standard practice so not sure why you haven’t heard of it before. It’s also not gender discrimination, you’ve been off sick too much. They have a business to run and need staff in work.
You’ve not got a case as they’re not doing anything unfair and even if they were you don’t have enough service to make a claim.

Heard of it had them just not with this company

OP posts:
Londonrach1 · 26/05/2025 20:32

No. It starts at 2 years. Sadly you had a lot of sickness or bad luck in a short time. I hope your foot is better and you find another job soon x

FutureCatMum · 26/05/2025 20:28

Another no. You’ve had a lot of time off. It’s not 4 days, you mention a 7 day self cert then 2 week fit note plus delaying the start of your training, plus other sickness and they’ve already reduced your hours to help you. A back to work meeting is standard practice so not sure why you haven’t heard of it before. It’s also not gender discrimination, you’ve been off sick too much. They have a business to run and need staff in work.
You’ve not got a case as they’re not doing anything unfair and even if they were you don’t have enough service to make a claim.

NeedForSpeed · 26/05/2025 20:22

Essentially no.

You've been employed under 2 years, so you'll need to be able to prove you were discriminated against for a protected characteristic. Illness isn't a PC unless it's a disability and a broken ankle wouldn't fit the criteria.

You have had a lot of sick leave and needed a lot of time off in three months, which is unfortunate but they do have a business to run.

Mrsttcno1 · 26/05/2025 20:21

No you don’t have a case, you’ve only been employed for a handful of months, you need 2 years continuous employment for an unfair dismissal claim. Your sickness is high, and that would have got you sacked from most jobs during your probation to be honest, in those first 2 years they can get rid of you for anything they want really as long as it’s not discrimination, your sickness absence made it easy.