I got fired today!!

An employer will often use calendar days to work out time off. So if you are off friday and then the following monday that would count as 4 days off sick, even though you have only missed 2 working days. Because you are saying you have had a 4 day illness, which is why you also need monday off.

I imagine this is where the discrepancy is coming from.

If you didn't declare your disability you have no grounds to contest them. That's the end of it really.

Probationary period means nothing in law (at the moment anyway). They can dismiss you before the 2 year mark (unless discrimination) anyway.

Just leave it babe and look for something else xx

I’ve had experience of exactly this situation at tribunal. The OP had significant time off in a short space of time, which should have been a red flag for the employer to intervene and find out what the problem was - especially if there was a probation period with specific guidelines about permissible sick leave. That would have given the OP an opportunity to declare the disability and describe how the working environment was affecting her. Instead, the employer seems to have waited it out until they could fire her. That’s what could potentially work against them.

I don’t understand what difference knowing about your probation period would have made though. Are you saying you wouldn’t have had migraines or a sickness bug? Or that your DS wouldn’t have gotten ill? Surely those things would still have happened and you’d still have failed your probation anyway? Maybe you’d have had an inkling what was coming, but your current situation would be the same. The only thing which is maybe worth fighting over is whether they’ve failed you on the basis of 11 days sick. How on earth have they arrived at that if you’ve only taken 6? Maybe if you can prove you were actually working on those other 5 days, you might not fail the probation? Have they explained where this discrepancy of 5 days has originated? Can you prove you were working?

When do you declare it?

At application stage - you'll find you don't even get an interview.

At interview stage - you will almost certainly not get any further.

On day 1 - they can still find another reason to let you go after the probation period, though if they did let you go on day 1 they'd have to really prove it wasn't an immediate response to the declaration... it is possible though.

If a company does not want to hire people with disabilities, they can absolutely find ways to avoid doing so without any real possibility of comeback for the applicant. Many companies do not want to hire people with disablities because frankly (and speaking as a disabled person myself) its expensive, its a faff and we're just less reliable (depending on the disability of course) on paper and in peoples experience.

The fact that you're saying you 'believe' it's 6 days suggests you aren't sure which also suggests it's higher than 6. Likely to be be the 11 they have said. Either way, it's far too much time off in less than 3 months so I don't blame them for not passing your probation. Pretty much every job has a probation period so the fact you didn't know about it is a pretty weak argument. As for the contract, you should have pushed for one and more fool you for not doing this. I'd never resign from a previous job without having a signed contract for the new role.

Only if it meets the definition of disability as defined by the Equality Act 2010.

What husband?

I admit I've skim read, but where did the OP mention a husband?

OP as pp have said you are going to have to pick yourself up and move on. I’m slightly concerned about how naive you seem to be though. When you get your next job you need to ask for your contract and read it, you also need to check if there is a probation period and how your performance will be monitored. You need to understand that being off sick regularly is not acceptable especially if you are new. From your posts none of your sick days appear to be related to your disability. If you feel comfortable you should declare your disability in your next job so your employer can make reasonable adjustments. Good luck.

Nope, because she didnt declare it. I have no obligations to sometthing i dont know about.
I have had an employee try to declare a protected illness after 3 months of dreadful behaviour. It didnt wash.
I have an employee now that did,and shes fantastic and I facilitate her.
If you have one, declare it. Otherwises dont bother trying to use it later.

Of course it isn’t 🙄

What assistance could they have offered? She had a bug, and then her child was ill.
The fact that the company didn’t offer help will not work against them.

I’m an HR manager and totally agree. The OP chose not to declare her disability and had excess sick leave in a short period.

The no contract thing is a concern but why on earth start a job without signing a contract?

Sorry to say I agree with a PP that the OP is looking g for a bit of compo

It is shitty and such shitty employer practice is just one of many things that add up to a toxic work culture in the UK.

Moving forward though:

Apply for UC now, thats a ball that takes a while to get rolling so don't delay as they do not backdate such benefits!

Redo your CV.

Get some advice on at what point to declare disability - its difficult because declaring it in a covering letter or CV means you're not getting interviewed. Declaring at interview means no second interview/offer... so my inclination is to declare it on day 1!

Get a contract - yes there are other things that constitute a contract than a written bit of paper but better to have one than not.

If when you get another job, you need to take leave for an ill child, do NOT take it as sickness leave for yourself - its parental leave or use annual leave if you have any but do not misuse sick leave for anything other than you actually being sick.

As far as the job you've just lost goes - if you want to fight it, see if you put ANYTHING at all in writing about your disability, particularly re the office lighting, whilst you were there. Because you did not declare your disability (and I fully, as a disabled person myself, understand why, in the earlier stages at least, you chose not to) this is really the only chance you have of 'winning' anything here. YOu may decide it just isn't worth the stress though.

I wouldn't start a job without a signed contract. Insist that you have one next time, or at the least, that you've seen a template if they can't process your actually contact before you start.

Why didnt you declare your disability, its literally your get out of jail free card

I'm sorry this has happened, particularly in the run-up to Christmas. This is awfully tough. However, it would seem your employer found you to be flaky. If you didn't make the utmost effort to demonstrate passion and a can-do attitude for the job, basically all the things that made the basis on which to hire you (which includes reaching out for help if you need it) then they have no reason to keep you. Businesses need to protect themselves, especially in the current climate. I hope you get back on your feet soon.

This is also correct about where employers suspect something may be "not quite right", "rosscameasadoody*, but I'm not sure how that would apply to a child's illness or a bug?

Agree again that ACAS might be worth a shout - they are after all experts in this - but only if it doesn't chew up headspace needed for sourcing something else

Not a single word about OP being disabled and your obligations as an employer around that.

If you have a disability AND you told them about it or it very obvious then you may have protection.

Im an employer, i run a SME and I have to say, harsh as it is, I would have fired you too. That much time off since you started? Nope, not wasting my time and money on you. IMO you are unreliable and I cannot afford to waste months hoping you will improve, It costs too much and I wouldnt allow such a drain on the finances. If you were with me ages, and i could see it was a one off, anyone could have a bad run, but if you proved reliable and then hit a bad spot, fair enough, id support you. But new, since September, 6 or 11 days, 3 incidents, one of which is the lighting? Nope, not worth the hassle, id have you gone too.
I cannot believe you didnt take more care of the job you had tbh, given the job market. Maybe take heed from that and make more of an effort to actually turn up if you get another job. As an employer, its really not up to me to make your life easier at the expense of everyone else who does pull their weight.

This sounds tough. I would have expected some sort of warning after the first two occasions, though I know your employer doesn't have to do this, at least you would have been prepared.I hope you find something else.

A contract doesn’t have to be written. It can be in the form of a verbal agreement - and of course there will be evidence of them taking her on, in the form of pay records etc. And whether or not there is a written contract has no bearing on disability discrimination if it’s provable. OP had a lot of time off in a short space of time. That should have been a red flag for the employer to intervene and ask if she needed assistance. They didn’t. They waited it out until they could fire her. That’s relevant.