I got fired today!!

Some people are more sickly than others. Some people 'give in' to sickness more than others. Some people are happy to use sickness as an excuse to take days off.

Whichever you are, I think you can understand that even 6 days per quarter is a lot of downtime for an employer to consider taking on. Almost an extra 3 weeks off a year; that's one person's holiday allowance!

Honestly I didn’t know this. I had to take a couple days of sick leave and compassionate leave during my probation period (many years ago) and never thought my job was at stake.

I suspect the 11 days is correct - some for sickness and some for childcare.

Personally, only hospital admission would stop me working in a new job. I’d rather drag myself in with the plague and make them send me home than call in sick so early in the role.

11 days is a shocking amount of time off in less than 3 months.

I feel bad for OP especially at this time of year but I don’t blame her employer at all. I would have done the same. Too unreliable and would be concerned as to what would happen once OP had bedded in.

Funnily enough, DS started a new job in July and I was surprised to discover there is no probation period.

I think you are now arguing for arguing’s sake and simply making up ‘what if’ scenarios that have nothing to do with the situation posed by the OP. My opinion regarding the ex-employee’s unreliability is based on the facts as presented in the OP.

Not declaring your disability was probably a mistake but l understand why you didn’t . But 6 days off in 3 months would lead to a fail in any probation period in any job . A probation period is to allow the employer to judge how your time in with them is likely to be…sickness / lateness would inevitably mean they don’t want to keep you on. It is odd that you didn’t have a contract, but I think you should’ve assumed that - as with all jobs - there would be at least a three month probation period where you had to prove yourself. I doubt you have any rights here. Maybe get some advice from a disabilities organisation about what you would like to declare next time. Big companies need to meet a criteria for disabled staff so it wouldn’t necessarily exclude you from working somewhere else. Good luck in your next role.

Can you prove that you only had 6 days of. I mean, can you prove that you were working every other day. I mean by showing your computer info for example. Were the sick days you took covered by a doctor's note?

You could ask them for a list of the dates you were absent from work if you are disputing thexamount of days.However if I were you ! Cut your loses ,and ask for a reference stating that they were happy with your work at very least. That way you can look around you for another job. Next time full disclosure on any health issues might be the way to go.
It's a huge 'red flag ' for your bosses if someone has even 6 days off in such a short time. I was a manager for years and it was a nightmare if a bad timekeeper/attender came into the mix. Their work had to be redirected or a temp paid. It caused resentment within the team if it became a habit and it was of course much harder to sack them if they were allowed to persist for a longer time. Its been a learning curve . Get yourself properly well then try again! Good luck!

I’ve only read op’s posts, but what stands out to me is that you took time off for sickness (headache and sickness bug) plus time off for looking after child.

Is that where the confusion lies - six days sickness and five days parental duties? Did you get paid when you were looking after your child? If so, did you request this time off as ‘sick’ rather than ‘parental responsibility’ which is unpaid.

That makes it sound as if you would’ve acted differently had you known you were on probation. Which suggests that you weren’t so ill there was nothing you could do but take the day off.

Someone I know worked in the garage. He worked there for nearly 3 months, but in the last two weeks when his father was very ill, he did miss one day because he was being sick from anxiety as he was leaving for work. The day he lost his job, he turned up for work, unlocked the whole garage alone, and found a new employee there waiting for him to train that he knew nothing about. It was a Sunday and the manager didn’t want to look for anybody else or come in herself. He had the worst DNV. Basically, he told her he needed to throw his underwear away and had to keep running into the bathroom. All she said was well I hope you put it in the outside bin. By Monday he had been given the sack. He had clearly been a good worker, otherwise he wouldn’t have had all the keys to unlock everything. It’s the most unfair thing I’ve ever heard. I think the woman’s name was Steph and she was the manager of a garage in Storrington. Apparently all the staff really hated her. She was rude to customers and told them to wait for someone else to serve them when she was clearly doing nothing. Unfortunately, in your probation period it’s really hard If they decide to fire you. Plus higher management will always support the lower Manager because they can’t be bothered to take over if they walk out. It’s a disgrace.

Because with every label SEN or whatever comes an excuse for bad behaviour/parenting and quite often benefits. Before everyone jumps on me, I actually know of 3 families who have fought to get their kids labelled for no real reason, 2 of whom have admitted to me that the kids now qualify for this, that and the other. These parents are sadly giving their children labels which they will have to carry all their lives. My youngest brother was SEN as a child and he is now very bitter about how it made him different from everyone else and he wished he had never been statemented at school. These days its the children who are not labelled that are in the minority. If parents actually spoke to/read to the child rather than giving them a mobile to look at before they are even out of the pram things would be so much better.

Disability or not, taking what amounts to a day per week as sick leave would be grounds for dismissal as she’d have shown herself incapable of actually doing the job as required.
Disabled people are entitled to reasonable adjustments to enable them to do their jobs, of course, but working what amounts to part time on a full time salary because they’re not physically well enough to show up every day they’re contracted for is not reasonable.
Hiving off part of your workload to someone else with that sort of regularity is not reasonable.

Did you tell them you had a disability? And we're reasonable adjustments put in place?

Also, is your disability not allowing to go into the office, or just making you late?

Check your probation policy and see if they did what they were supposed to do in terms of their policy

They have blurred the lines by commenting on a probationary period when

https://www.disabilityrightsuk.org/

try them for legal advice

Hrft bit that's my take on it too.

Good luck finding a new job hopefully better.

No. As l said upthread, not declaring a disability is a grey area. I don’t think OP has any case because the absences don’t appear to be in any way attributable to her disability. But if they were, it would be down to the tribunal service to decide if she has a case to take forward, based on whether the employer could reasonably have suspected disability as the root cause of the absence.

So are you saying that if there had been a contract, back to work interviews and a warning process you would not have taken as much time off?

Which can rarely be proved....But yes 2 years.

I believe others may have said this already but speaking from an employment law POV, you cannot claim unfair dismissal if you have worked for less than two years, with some specific exceptions such as dismissal for trying to assert a statutory right. If you feel your employer should have made reasonable adjustments for you as you have a disability, they are not under a duty to do so unless you have informed them of the nature of your disability, how it manifests, and what RAs you would be seeking- change of lighting, shorter hours, different hours etc. But since you say you have not told them you have a disability, the responsibility to make RAs does not apply. I cannot see you have any claims - you can try to negotiate a reasonable amount of notice ( by statute you are only entitled to a weeks pay) plus bit of holiday pay. Plus any wages owed. Did they pay you SSP for your sick days ( if entitled - ie off sick for more than 4 days at a time?) If not, go to HMRC statutory disputes team

You can doesn’t mean you should…

and further investigation means exactly that…what is happening? It also not is always bad but if you are off a week…people would want to understand and an answer such as « I can certify myself » will most likely be met with some consequences and depending on the repeat of this.

No. By turning up,doing job and salary she’s accepted the role and that’s the implied contract
It is suboptimal to not have a contract,but it has no bearing on the sacking
In first 2 yr employee can be sacked

I agree I would just cut your losses and move on and next time demand your contract before you start work I did and they did it pretty quickly as they wanted me to start straight away and declare your disability and mention about the lights next time because then they will know it triggers your migraines and then you may have a leg to stand on unless you break your probation period again x

It is a lot op and especially in these first few days you show your best…

2 months in…no you can’t do anything, what would you want to do anyway? Find something else and keep your light so you bring it for new job to avoid repeat of this scenario. Keep trying! It is all the same for everyone :)