I got fired today!!

You don’t need a diagnosis to be considered disabled. It isn’t the condition itself that’s taken into account, it’s the effect on everyday life, and as long as the condition mets the definition of disability under the EA2010 you are considered disabled and have protected characteristics.

My opinion? Only tell employer diagnosed disabilities. Speak about reasonable adjustments etc but you must play your part. Why did you replace office light? Who told you that would be best?
I think they did communicate a probation too. Or are you saying you were told is was permanent from the get go?

Wow that’s so many days off in such a short time, that’ll be why they are getting rid of you. Hopefully the next job you get you be able to stop the time off sick.

I think they removed the possibility of you becoming more unreliable. In 12 weeks you say you had six days off that isn't a good track record. I get aura migraines I'd probably just sit and let it disappear. Any way you are better finding another job.

I have a feeling info is being left out here and we aren't being told full story

So do I, @UniversalCreditBitch

In particular, OP's description of how this has been handled doesn't appear to chime with previous comments about how flexible her manager is, even allowing her to take her DS into work

It would be illuminating to hear the employer's comments on all this, but if course that's not possible

Rosscameasdoody · Today 18:42

UniversalCreditBitch · Today 18:39
Also u can claim under 2 years if treated unfavourably due to protected characteristic.
I want to know full info before saying yes or no. My gut is this person was told in some way and wasn't unfairly dismissed. Just because someone is disabled doesn't mean they can have all the sick days they want. "I do my best to get to work?" Sorry but no, not good enough.
If you’re an HR manager I’m the Duchess of Kent !!

Waiting... again...

How am I rude?
I didn't say she couldn't claim etc. I said I doubt the full story was declared in the original post and I was correct. I'm still not confident we know all the information.
You're the one who was rude by basically implying I am not an HR manager. What information have I said that is incorrect??

I’m not quiet no. But you’re very rude. If OP had been dismissed for reasons connected to a declared disability, she would have had protected characteristics allowing her to apply for a tribunal hearing no matter how long she had been employed - the two year rule doesn’t apply and the protection would have been there from day one - ultimately the tribunal service make the decision as to the legality of the claim and whether she has a case to take forward.

In OP’s case she didn’t declare the disability and at least some of the absence wasn’t directly connected to it. OP now says some of it was, but it’s doubtful because it seemed to be due to new symptoms brought on by the lighting - which OP still didn’t declare but sorted it out herself. If the employer wasn’t aware of the disability then OP couldn’t expect reasonable adjustment - declaring is a grey area because in some cases there is evidence to suggest the employer could reasonably have suspected a disability as the root cause of repeated absence, regardless of whether it was declared or not, and should have enquired as to whether the employee needed support. Again, this is taken into consideration and decided on by the tribunal service.

YABU. Employment under 2 years, they can fire you without cause provided it is not related to a protected characteristic. The probation time not being outlined to you would not have changed the outcome of your absences not the fact they can dismiss you runout cause within the first 2 years. They have done you a service by telling you why so you will be more aware in the future.

yes, you have had too much time off sick and they realise that this could be an ongoing issue. Did you really think this much time off right as you were hired would not have consequences?

it does not matter that you didn’t have a written contract other than your offer letter. Statutory rules will apply. This is tough to deal with right in the run up the the holidays as many places will pause their hiring process.

if you have not had migraines before, lease read up on triggers. Sometimes it can also be a combination of things. You can also get medication from the pharmacist to take as soon as you notice a migraine coming on. This helps very much. Strongly suggest you get these and keep them on you. Cutting out caffeine and sugar can also help.

Everyone quiet now?
Okay, OP, not saying you're lying but I get the feeling you're not giving all info. From your post, sounds like they have breached policy due to not communicating probation period. However,you can't bring to a tribunal due to under 24months service. Proving you were treated unfairly due to disability can be difficult to prove but not impossible.
There's more I'd need to know to give an infinite answer but from your post, you were not dismissed unfairly. Message me privately if you want to discuss in more detail.

For any negative comments.. Im now walking my dog and its bloody freezing. Typos will be present and structure will be poor.

I don't understand why people are saying I am pretending to be an HR manager.
Yes my grammar and sentence structure isn't great but I'm typing on my smartphone and doing other things?

Also unfunny?? I wasn't aware I was trying to be funny..
I need to ask.. puts HR Hat on, is everything okay??

If you’re an HR manager I’m the Duchess of Kent !!

Fake HR manager?
Strange, strange comment.
Not fake, actually.
I have better things to do than pretending to be an HR manager on mumsnet 😂😂

Time = money.. maybe 😂😂

I'm not sure this thread is crying out for an illiterate, unfunny fake HR manager if I'm being honest..

Also u can claim under 2 years if treated unfavourably due to protected characteristic.
I want to know full info before saying yes or no. My gut is this person was told in some way and wasn't unfairly dismissed. Just because someone is disabled doesn't mean they can have all the sick days they want. "I do my best to get to work?" Sorry but no, not good enough.

U shld kno ?
is it that hard to type" You should know'?

Hr manager, actually.
Yes no claim for unfair dismissal for under 2 Yr service but I have a feeling info is being left out here and we aren't being told full story.

If u are a HR officer, like what u say, u shld kno that no mention of probation period makes no diff under 24 mnths

Confused. Have u had 6 or 11 days off? You say your disability makes it difficult to attend work but you tried your best. What does that mean, can u provide more info?
I'm an hr manager (my username is just a laugh!!), I'll let you know if its above board but need all information. Truthfully.
Ps, no mention of probation in offer letter??

Once more for the hard of understanding, l was responding to a specific poster making a general comment on some employers having a zero tolerance policy for sickness, not suggesting it was in any way connected to OP’s situation.

Where exactly was op discriminated against?

It’s illegal to discriminate against anybody, not just disabled people, but dismissing someone for not being able to show up and do the job is not discrimination.
Being disabled does not give you a free pass.

It's harsh, but I wouldn't want someone as 'unlucky' as you as a member of my team.

These things always follow a pattern, there will be more time off for you and your son, other members of the team won't be able to rely on you, and as a manager I'd never know how genuine you were being when phoning in sick, just that 6 days in 2 months turns into 3 weeks in less than 6 months , turns into being signed off with stress etc etc.

If I get a vibe in a probation period ( never heard of a work place that doesn't have one) that a member of staff is going to unreliable, then it's goodbye and good luck.

Maybe I am old fashioned, but turning up to work is your contracted duty not an option

There's nothing old fashioned about the simple truth, @Wiseplumant, and happily there are still countless people around who feel just like you, turn up and do a decent job

Unfortunately those who don't are very often attracted to public service roles, knowing management's likely to be sclerotic and accountability lacking and that they can coast along on someone else's dime