I got fired today!!

I agree that you do need to clarify OP, but as you say six days in three months would be enough to let you go. With under two years service they can pretty much let you go for any reason, and you have no recourse to unfair dismissal proceedings unless you have protected characteristics.

You have a disability and can declare it at any time - right up to notice of dismissal - but the problem here seems to be that the absences weren’t directly related to that disability, so the protected characteristics don’t apply.

They’re probably not replying so that you time out.

Put in a subject access request under GDPR to find out the information. They have a certain number of days to reply. I think this is 28. If they fail to respond you can report them to the information commissioner’s office.

As I mentioned before you can go to ACAS. Early conciliation you decide the outcome for so it could be just clarifying which days they think you had off that you don’t think you did. Or you can choose something more than that.

I don’t think anyone is doing that. The law is the law, and it’s there to protect vulnerable employees from unfair treatment, and to ensure they have any special needs met in order for them to do the job. But they have to meet certain terms and conditions to qualify for that protection - it’s a question of rights and responsibilities, and both employer and employee need to play their part. In this case OP doesn’t have a case, as her disability wasn’t declared, and her absences weren’t due to that disability anyway.

Even if you'd worked there for over 2 years and so entitled to fair treatment at work ( we have David Cameron to thank for that) that level.of absence would trigger something in most workplaces.

I worked in an employment law related role as a consultant for many years and was always struck by how horrendously unfair it was that genuine illness is questioned and can result in a warning. One place a guy had just had a written warning because after 3 weeks in intensive care he came back to work and got flu a few months later. The whole disciplinary process was triggered and if he had another day off sick in the next 6 months he would be at risk of losing his job.

Anyhow, in future you need to be prepared/ manage the risks better. That's what employers expect of you, so particularly with the period pain you need to really push your doctor to try various solutions. Even if they don't work evidencing your efforts helps.

My workplace do I am emergency services and work part time my non working days can be included

My workplace do I am emergency services and work part time my non working days can be included

Your mentality @Amiunemployable is what worries me a lot more than the facts of this issue.

There must be grounds for them saying 11 days, otherwise why aren’t you proving to them it is only six? They might not think six is worthy of dismissal.

i would have thought it would be immediate, not allowed to work for a further week

Did you take annual leave during the period OP that would account for the 5 other days? Although you're entitled to leave, they were perhaps viewing it alongside the other absences and considering how many days or full weeks you actually worked over the 12 weeks.

One week's notice is standard during probation. It's rare not to have a probationary period, even if you didn't know the details.

Any new starter taking sick days when they are new in the role is a red flag for me and indicative of a potentially poor attitude to work.

Not during probation, I don’t think.

one week's notice is unusual though surely?

Yep, sorry l meant to clarify. The six week rule is to allow the employer to receive 100% funding if needed for reasonable adjustment, via the Access to Work scheme. If they apply after this time frame they usually have to make a contribution, so it makes sense for the disabled person to declare the disability before costs are incurred, because funding is only provided from the date of application.

There is no compulsion for disabled people to declare their disability at all. But as you say if thy want reasonable adjustments at any point they have to do so. The condition has to meet the definition of disability under the Equality Act 2010.

Some disabled people don’t declare a disability at the start of their employment but may do so if their condition worsens, they find they can’t cope as well as they thought, or if the job description changes beyond their capability. Some won’t declare a disability until after they have secured the job because they worry they won’t be considered if they do this in the initial stages of recruitment.

As a poster upthread stated if government funding via the Access to Work scheme is required, they need to declare within six weeks to qualify for 100% funding, but they can still apply after this time period - however the employer would need to make a contribution. It makes sense to declare and apply as soon as possible before costs are incurred because funding is only available from the date of application, but again this is down to the disabled person themselves.

It would seem to be common sense that if you expect adjustments to be made for your disability, actually making the company aware of said disability is a prerequisite?
I don’t get the declaring it any time you please thing?

I worded it wrong, I meant for employers to make reasonable adjustments with funding from the government. Of course someone can declare their needs at any time.

This is not true. Providing the disability meets the definition under the Equality Act 2010 and the absence or other issue is directly or indirectly related to that disability, an employee can declare a disabilty at any time, including where disciplinary action has been initiated and also when threatened with dismissal. Once declared it triggers the employers responsibility under the EA2010 and reasonable adjustment should be sought before dismissal is considered. An application for reasonable adjustment funding can be made at any point after declaration, but is not always necessary if a solution can be found.

The OP’s absences appear not to be all disability related so I don’t think she qualifies under the EA2010 rules, but in general there is no time limit to declaration of disability. It’s entirely the decision of the disabled employee whether or not and when to declare.

If you don’t declare iyour disability to your employer in the first 6 weeks of employment then the company cannot apply for funding to make reasonable adjustments for you, which they are obliged to do if you tell them.
I’m sorry this has happened to you, but I’d chalk it up to a learning experience and you know what to ask for and to provide in return next time. If you are actively seeking then make a list of all disability confident employers there are in your area. There are some good government schemes to get people back into work who have been unemployed due to certain circumstances or conditions so seek help from your local job centre about this and you may find a position that helps you develop your skills in a more adaptive environment. Good luck.

I agree that the absences were unrelated to disability and as such wouldn’t have saved OP’s job. But I’m afraid the statement ‘no disability would have got you off the hook’ is not correct.

Had OP’s absences all been disabilty related, she could have declared that disability at any point, including at the point of disciplinary action or threat of dismissal. That would have triggered the employers responsibility under the Equality Act 2010 and they would have had to make reasonable adjustment - the most likely outcome would have been an extension of the probation period and a clarification in writing as to what was expected of her during that time. That would have allowed the OP time to improve and meet the conditions.

The employer can, of course, sack the OP for any reason they want during the first two years. But in the event of a declared disability that meets the definition as such under the EA210, they would be leaving themselves open to an unfair dismissal case if they dismiss her for disability related reasons as this confers protected characteristics.

You do seem to have the idea that because you’re only paid when you work, working is optional.
It doesn’t work like that.

So, five episodes of unplanned absence in three months for five different reasons, all unrelated to disability.

I don't blame them for sacking you. They have shown an incredible level of patience by tolerating your poor attendance record for three months.

No employer would have given you a permanent contract with that kind of record and no disability would have got you off the hook.

If you manage to get another job, make sure you treat it as your number one priority on working days. That way, you might keep it.

As a side-note OP, your former employer may not pay contractual sick pay, but like all UK employers they are required to pay statutory sick pay (SSP) after four consecutive days of absence (including non-working days e.g. weekends) - obviously you never met this threshold as your absences were single days.