I got fired today!!

I doubt it because the intervention would be quick and legal - along the lines of ‘Is there anything you think we need to know in relation to the time you’ve had off sick’. That’s the opportunity for an employee who has an undeclared disability to declare it if it’s relevant to the time off. If not then the answer is no and you move on.

How is that relevant? As the poster you quoted stated, she may have a case if she believes it was due to a protected characteristic. But OP hasn’t given any been clear that her absences were not related to her disability.

Absolutely. It’s a ludicrous notion.

But none of this absence is related to that disability. The migraines may have been triggered by office lighting but that was only 2 days of the 6/11 according to her. Op, you should get paid a proportion of your annual leave balance as well as the week’s notice.

After reading the OPs other post about struggling to find a job due to concerns about her reference mentioning her sickness record after having a few months off, I am a bit surprised she didn't realise on the 3rd sickness episode that this was likely to be a problem.
I suspect it may be that she was working for a school and therefore a council, who are quite 'soft' with things like this, and had then moved to a more hawkish employer.

OP - it sounds like you are someone who struggles to get in every day in a face to face job. Can you look for remote work?

It might be high but it’s not comparable for everyone
i have little to no control over my sickness record due to a disability so my sickness is high
I can’t do anything about it

Have they asked you to work your notice?
I think you should speak to ACAS as you may be entitled to reasonable adjustments in terms of how the sickness criteria is applied.
That said, it doesn’t sound like the absences were due to disability.
Did you take time off sick to care for your son or was it unpaid parental emergency leave?

In another thread she also mentioned how flexible her employer was, HoskinsChoice, even allowing her to take her child into work where necessary

Which doesn't sound to me like the twats some have described them as ...

This. You put it much better than I did.

All these posters suggesting the employer was at fault for not 'intervening' to establish if there was a problem or underlying disability - if all employers did that after sickness absence there would be hundreds of outraged threads on here from posters saying their private life was being invaded

OP didn’t say she reported the problem with the lights though - she said she sourced her own solution, so there’s no evidence the employer knew anything about it. I agree that OP has no case, because the absences don’t appear to be disability related, but I do find it odd that she was allowed eleven days before there was any mention of the absences being a problem, and then the employer went straight to dismissal - no PIP process or opportunity to improve, especially since the OP was on probation.

OP has a disability though !!

She is married and the father is still around.

Yeah I know. But you said “If it’s not declared, then no law regarding disability applies”. I was just saying this is actually not strictly true

They could argue that they did intervene the first time as the lights were to blame and so the lights were changed and the problem solved. That could presumably be deemed to be a reasonable adjustment?

So then there are only 2 absences to consider, 1 of which was not related to her own health. So, only 1 illness they didn't intervene on - a stomach bug. If companies worried that there was a disability every time someone had a stomach bug, there'd be daily interventions in every sizeable company!

I think it's unfair to say they haven't bothered as they clearly have when the lights were changed specifically for her. I think we are all agreeing that she has no case though!

I didn't read it in relation to disability. I read it as anyone who works.

Thanks for clarifying what you meant. While I think it is one way for employers to go, I really just don't think it needs to be done.

Think if you start a new job you need to put your best foot forward. Especially in the first 3 months. If you get ill you can't help it but 11 days is too much.

I didn’t say after one absence, I said if there is reasonable suspicion that a disabilty or health condition could be the root cause of a problem. The law around declaring disability is a grey area, as I said upthread. It depends on whether it can be shown that an employer should reasonably have suspected a health problem or disability and the reasons for this are many and varied, but it’s taken into account by the tribunal service when deciding if a disabled employee has grounds to take a claim for unfair dismissal forward. In OP’s case it appears that the employer didn’t intervene or instigate any kind of back to work interview, but simply waited it out until she could be sacked. I doubt OP’s absences could be attributed to disability from what she’s said, but had that been the case the employer would have to explain why dismissal was the first option.

Absolutely. But thats a total different scenario to one call to say a migraine due to lighting.

OP - your post makes it sound as though if you had known there was a probation period, you would have made more of an effort to get into work!

You are right in terms of this case. But to be fair there is case law which states that you should take steps to find out what’s going on if the circumstances suggest that there might be an underlying condition or disability (I’m not suggesting it applies here).

Like you can’t just plead ignorance if an employee is struggling with a repeated issue, for example.

If an employee repeatedly went off sick with migraines you’d be well advised to seek advice from OH. And I’d be asking for OH’s view on whether they’d consider it met the disability criteria (and it’s not a particularly high bar, under EqA)

I just wanted to say that I'm so sorry this has happened to you. X

I think you're fucked OP, nothing you can do

I’m not suggesting that employers should investigate without any indication of disability, no. But the law states that if it’s reasonable to suspect that an undeclared disability is the root cause of a problem, they have a duty to investigate it. This gives the employee an opportunity to declare it, so that reasonable adjustment can be attempted before dismissal is considered. I don’t think any of this is relevant to OP because it’s become clear that her absences aren’t disability related, but had they been, the employer could have run into trouble for moving to dismissal as the first option.

Disabled people don’t declare disability for many reasons - especially if their condition is ‘hidden’. It doesn’t mean a nanny state has been created for them - the law around discrimination ensures that they are given every opportunity to be treated fairly in what may, for many, be difficult circumstances.

OP, I'm really sorry you lost your job. Theres probably nothing you can do about it now. Next time around, if DC are ill try and get that as unpaid parental leave. But D&V is definitely not something to go to work with, nor is a migraine.

I get that if youre usually not having these absences in other jobs then you wouldn't know about illnesses spanning weekends, etc. Can you check with employer what they've included & ask them if they'd consider adding 3 months on to your probation period. Give them anything in writing you had from GP or DC nursery to show you werent just skiing off? Clutching at straws really, as they are likely to refuse but it might be worth an ask.

It's shit timing, is it too near Christmas for you to find seasonal temporary work I guess? Though restaurants, delivery companies and retailers might still be worth a shot.

Hi OP, that's so shit I'm so sorry. Others will have better legal advice but I just wanted to send you a hug 💐