I got fired today!!

Most people will get an average of 10 viral illnesses per year. Ten! That's before you take into account migraines, low mood, broken limbs. I expect people to come into work with a cold. I would only expect people not to come in if they were vomiting, hospitalised or at home with the flu. A cold, a cough etc - you come in as there is a job to do and you can't have 10 x 3 days off a year!

Interestingly if the computer caused a migraine and OP had to go home I don't think this would count as sickness - as she had come in to work. Also not sure why a migraine means she needs to be off Friday to Monday (which I know she hasn't confirmed but I suspect)

No one ever calls in sick to say they are skiving and don't fancy it. They have a plausible sounding illness. But then if they are off again and again then that will be an issue, especially when their colleagues are turning up with a cold etc and doing the job that they are receiving money for. A job isn't there to provide an income out of kindness, it's payment for work done.

I'm speculating, but I wonder if OP's disability is something like autism causing her to be easily overwhelmed and mean she is calling in sick where others would just carry on. Which I have sympathy for, but I would gently suggest she needs a job that isnt as overhwleming

They realised that it was going to be a recurring thing. I thought all jobs have probation period. Look for something suitable for you. This way no one waste their time.

Sorry OP, it’s a terrible time of year for this to happen and probably quite a shock if you felt you were otherwise doing a good job there.

However, and I’m sure this has been pointed out already: at 6 days off in the time you’ve been there - that’s one day a fortnight off. If it’s actually 11 days that’s more like once a week. Yes, you can’t help being unwell, but equally I would want to hire someone who is fit and able to do the job that I am paying them for - and the amount of time you’ve had off would make me question that.

Put it down to experience, get some temp work over Christmas if you have to, and start the job search afresh in the new year.

Achieved a degree and doesn't know taking sickness in the first few months will end your career? Yeah, right.

@TheQuirkyMakerIt doesn’t sound that way to me, she’s studied for a degree as a mature student to improve her career and is upset about losing the job, that wouldn’t have been the case if she’d wanted to stay at home and not work.
I’d probably try to struggle in too (though not with a stomach bug), only because of attitudes like these where employers immediately think you’re taking the piss if you take time off sick. But I don’t think it’s a good culture, people should be able to have time off to recover if they’re otherwise good employees.

You must have some really hard things you’re struggling with yourself in order to write such a nasty post to a random stranger. Thoughts are with you.

@cooksbrandedclockGenuine question - what do you expect your employees to do if they’re ill? Do you want them to come in with a sickness bug/migraine/flu etc and be unable to function/infect everyone?
People get sick, and sometimes it’s bad luck that it happens in the first few months of starting a job. It doesn’t mean they’re unreliable, if their performance is otherwise good.
It doesn’t sound like a very well run business if you have no contingencies for staff sickness.

I retired after 43 years and rejoined the company part time.... Still had to get through a 6month probation period..... Didnt have any days off sick🤦‍♂️.... I'd give it up, learn and move on.

If I really wanted a job I would struggle in. And if I had a chronic problem I would try to be indispensable and known as reliable as soon as possible. Sounds like OP quite likes staying at home and being a carer. So she needs to find someone to fund her lifestyle.

I’ve not read the whole thread, but… once an employer has offered a job and an employee has accepted it, there is a legal contract even if there is nothing in writing. There would have been some discussion about a start date, where you were working and what you were doing. It’s not great practice to rely on a verbal contract as enforcing it becomes difficult. So in essence you have accepted a contract as you have attended the workplace to undertake a specific role. You should have raised a written contract before you started or at some point in the first few days if this was a concern - I assume you were paid as agreed?

what you should have received before starting is a written statement of employment particulars (this is not a contract), which sets out various things including terms relati to sick pay. Within 2 months of starting additional information should be provided including pensions and t&c’s. If you did not receive this you could bring a claim in an employment tribunal and have a limited period of time to do this. A call to ACAS could be the approach here for early conciliation, however I’m not sure if you can claim compensation on this ground alone. Worth talking to ACAS.

The probation period is a bit of a red herring as in employment law, even with a probation period an employer can dismiss on any grounds (except for a protected characteristic) within the first 2 years (although this will reduce to 6 months soon).

You havent declared your disability so it makes it challenging for an employer to put in place reasonable adjustments. But I believe an employer is required to take all reasonable efforts (can’t remember the wording) to put in reasonable adjustments even if a disability isn’t declared.

your sickness, even if 6 days is significant in just under 3 months. You cannot include childcare in that if your son was sick - that is what leave or carers leave (generally unpaid) is for. The migraines wouldn’t be considered a disability in this instance and had you had sickness for these alone it would be reasonable, and putting in place a remedy to stop them sensible.

did you join a union? To be fair, even if you were in a union the likelihood of legal taking on a case like this would be slim to none.

the only areas that could be looked at is if they have followed their own policies and procedures, but even these don’t top trump the 2 year rules.

its really unfortunate and I appreciate circumstances have been against you, but beyond the written statement I’m not sure there is anything you can do beyond learn and move on.

Noone ever sounds like they are "taking the piss", anyone can say they've got a migraine or dodgy tummy.

Employers are allowed to dismiss for absence. Not for illness, for absence. And if someone is that unreliable early on, well, it's not a great start is it.

Also, op said her disability meant she sometimes couldn't get to work. But she never told them about her disability. And none of the reasons she has listed for her absence appears to relate to that. So, she sounds pretty dishonest actually. And I suspect they knew that.

So some of your sick time wasn't even sick time (did you take it as sick, or did you ask for emergency/dependents leave?)? And none of it was related to your disability.

Also don't see how the time you have noted here could be six days? Maybe not eleven but more than six.

Either way, you're not going to get anywhere with a claim. You have no right to bring an unfair dismissal claim. Claim for lack of contract can only be brought as a "piggy back claim", that is alongside another claim.

Your best bet is to ensure they will give you a basic reference, tell new employers that the job wasn't as you expected and you're looking for something more suitable. Put all your energy into a new role.

That's ridiculous. Flu alone can easily wipe someone out for 3 days.

11 days off in 12 weeks is ridiculous by any measure.
She was effectively working a four day week for the entirety of her employment.

What was the reason you didn't disclose your disability?
If your disability was going to cause you issues with getting to work sometimes, why wouldn't you disclose your disability to allow your employer to put some support in place for you?

6 days off since the 1st of September is bad, and 11 is quite simply atrocious. No wonder they sacked you, and I'm not sure what you're expecting us to say.

@TheQuirkyMakerBecause she was ill? OP has already explained the reasons and none of them sound like taking the piss. 6 days is really not that much if there are genuine reasons, I don’t get all these responses. What was she meant to do, come in with a sickness bug or migraine and struggle to function/vomit everywhere?
Honestly this thread demonstrates why workplaces are so toxic, no wonder people prefer to stay on benefits than work (not saying the OP is doing that, just talking in general), you try your best and then are let go for being ill 🤷‍♀️

To be fair the op did say in her op her disability makes it difficult to go to work sometimes, and then said it was just migraines and sickness bug for her kid, and said it twice,

doesn’t really matter if she was off eleven days or 6, the employer feeels she’s unreliable and has terminated, so she really just needs to focus on finding another job, lots of seasonal work going around right now. So maybe able to get something.

It can be both 🤦‍♀️ why be unkind?

I don’t know if the OP falls into this category or not but I do think there are some people who will never have their shit together enough to hold down a job.

@Amiunemployable, I have sent you a PM.

If you needed the job, why did you take so much sickness? I know nothing about employment law but even I know enough not to take the piss until you are well established.

I've been in my job for 14 years. 3 sick days, one of which I went in and was sent home. Also have young kids who need cover when they're unwell - use annual leave or work additional hours to cover. Sorry this is stressful for you OP, but if you have a job, you need to show up, and you're not doing that, so not surprised that you've been let go. And the lack of contract, well if you didn't have a contract, why would you think you had a permanent job?

Probation is fairly irrelevant, you can be let go for any reason they wish up to 2 years, as long as not discrimination.

As other posters have pointed out if you say 6 and they say Friday then all your sick days were mondays or Fridays and they've counted the weekends. Frequent Mon/Fri off are red flags and an absolute nightmare for small businesses. What were you hoping to get from this thread?