I got fired today!!

I believe you don’t have many rights as you’ve been there less than 2 weeks . You may have ‘ done your best ‘ but that doesn’t help your employer and colleagues .

In your first post you said, 'I receive PIP for a disability that does unfortunately mean it's difficult for me sometimes to get to work. But I've done my best.' Now all of a sudden its a bug and your son. Which is it?

There's nothing you can do. You have took a huge amount of time off in a very short amount of time. They are well within their right to get rid of you as you are clearly unreliable. No employee would last in our workplace if they did what you did.

I think people are being a little unkind to the OP, it is always a shock to find you are suddenly not wanted, even if the reason is justifiable. In your case OP it would not be unreasonable to have expected return to work interviews or informal chats with your manager after each absence, and for the manager to have made clear that further absences could result in dismissal. If that didn't happen then it may be that the company would not have been a great one to work for in the long run.

If you had declared your disability then you might have been able to claim you were fired due to a protected characteristic. But even disability isn’t a free pass on time off. They probably have needed to show they tried reasonable adjustments before firing you though. Since you didn’t declare it, then unfortunately I don’t think you have any grounds.

You should have had a written statement within 2 months of starting, but that doesn't help you anyway unfortunately, unless you can afford to taken them to a tribunal? But thats unlikely to get your job back.

Employment contracts: Written statement of employment particulars - GOV.UK share.google/LcoKWF1oHrK9VeOtg

Or, for that matter, for the migraines which OP said were due to the lighting and new, and therefore maybe not linked to the disability either?

You can't take sick leave for someone else's illness OP

Probation period or not - they’re well within their rights to sack the OP.

People saying this is complex, go get advice, feel free to carry on but all you’re doing is wasting OP’s time in this and getting their hopes up.

OP has no legal recourse - probation period, contract, days off - all irrelevant.

The only thing that would have helped the OP would have been if they’d declared their disability or another protected characteristic.

You didn't declare any disability, so you can't rely upon that as a getout. You've had multiple absences taking you out for at least 10% of your hours already.

Much as it sucks, the employer was right to terminate employment now.

ETA: they could have just as easily terminated your employment next week, Christmas, next April or whenever they wanted - and it could have just as easily been because they didn't like your laugh, the colour of your shoes or because there was an R in the month or they hadn't got enough chairs for a meeting.

Sounds like 3 separate periods.

Even if you had declared a disability, how would that matter if you took time off for your ill child, or a sickness bug which have nothing to do with your disability.

were they odd days or over 2 periods ?

Probation period is a red herring, as is lack of a formal contract as presumably you had a written offer. There are no specific protections or otherwise associated with probation although notice period may be shorter. You can ask how they have counted your absence, are there days you went home sick early perhaps? 6 over 12 weeks is still going to trigger absence policy though, did you have return to work reviews, follow the absence reporting process correctly, self certify etc? The reason to try to correct an error, if there was one, is for an accurate reference, not contest the decision.

I don't think anyone is unsympathetic towards you OP, they are giving honest advice. It's shit, and I'm really sorry, but truthfully there probably isn't anything you can do here. You could contact ACAS to ask, but you need to decide how much time to invest in this and what you want. It may be better to focus your efforts on moving forward and looking for something else more suited to you.
Very best of luck to you, I really hope you find something soon.

This is broadly correct, except that OP's said she didn't declare the disability and employers can hardly make adjustments for something they know nothing about

In many ways OP might do better to concentrate on getting another job rather than hope for something that's unlikely to happen

No, not every job has a probation period
OP needs legal advice as previously advised

If the disability is something that the employer could reasonably have suspected then there may be some protection available. There are rules around sick leave on probation periods and although employers are not allowed to ask directly about disability, they are allowed to voice suspicions that something may not be as it seems. ACAS is the best source of advice as it can be complicated.

Speak to ACAS first thing tomorrow. Do not rely on advice here. You had a contract if they paid you, just not a visible one, so the contract isn't the issue.

Did you mention your disability to HR or your manager? You don't have to officially declare it but you might be able to prove that they were aware of it (a conversation about the lighting, perhaps?).

This is your problem you didn't declare your disability. If you had before you started and your days off where mostly due to your disability you may have had some protection.

I have always declared mine or I know it won't be covered.

TBH they don't sound like a great place to work for anyway if they can't sort out your contract and inform you of their probation period. Which virtually all jobs have so I'm surprised you didn't expect one.

OP you are not entitled to protection for disability under the Equality Act 2010 unless you have declared your disability to your employer. That said, if your disability is something that your employer could reasonably have suspected and has not acted on, you may have a case. Contact ACAS, they can advise.

Speak to ACAS. There may be unfair dismissal around protected characteristics.

If you didn’t declare your disability I don’t think you have a leg to stand on sorry OP, I would throw myself into looking elsewhere and let them know what adjustments you might need when you join.

I don't think you've got any comeback.

You didn't declare your disability.

And it's only been a few months since you started.

They can pretty much use any excuse at this point. It doesn't matter if you hadn't taken any time off at all.