To think I will be dismissed for sickness record?

[nojob]

I started a new job last October with 3 month probation. I was told in January that my probation was to be extended for 2 months 'due to absence' as I'm not fully trained up yet and haven't been able to demonstrate I can meet the required standard. They said they are confident that I should meet the required standard by the end of February.

I have been off sick for 10 days in total (2 days in November, 2 days in December, 1 day in January all due to very bad periods and 5 days last week due to a heavy cold.). Can they decide not to pass my probation even if my performance is ok? They haven't said anything yet but I get the vibe that they are not very supportive of sickness. I missed some important training when I was off last week. Should I be worried?

Johnmartinday is completely wrong. Probation periods mean absolutely nothing in employment law. Under 2 years service and you can have your employment terminated for any reason, at any time with no formal process.

I'd sack you in a heartbeat if I had an inkling of your attitude towards this situation.

As you have not been there for 2 years they could just use unacceptable performance as a reason to fire you. Absence will come under this also they felt the need to extend your probation. Just be prepared for the worst it all depends on the employer ... as a side note you’d be out the door where I work in a heartbeat . Google employment rights for under 2 years employment to prepare yourself

I’m sorry but bad periods occasionally happen but if it’s monthly, I’d be concerned.
Equally 5 days for a cold! I mean no offence but unless it’s the flu, It sounds like you’re not that committed.

I don't think the op really wants advice

So if they have a formal conversation and I don't call in sick again then maybe my role is safe?

No, they can dismiss you. They gave you a warning - extended your probation - and put in place important training. You've taken a period of sick leave and missed the training. They can dismiss you for not being reliable due to repeated sick leave or meeting competency levels (because you've missed the training).

You are not past your probation period, you are still within probation because it was extended. At that extension, they indicated to you they expected you to reach required competency levels. But then you missed the training! So you may not have reached required competency levels, and that is a permitted reason for dismissal. They do not have to keep giving you repeated chances.

@nojob the more important concern though is if they don’t dismiss you how will you manage your periods going forward? If you are given another chance you will have to be spotless from now on so I’d really advise a GP visit

Sorry Manager

If I was your manager I would be worried

Jesus Christ that's a horrific level of absence! I'm surprised you're still there.
I developed a long term health condition and I didn't want it to impact my team (I was a senior manager) so I resigned in order they could recruit someone without those health issues

PMSL - the only post the OP has responded to in pages and pages is one trying to help her make out it’s the employer who’s in the wrong

That made me laugh too. Notwithstanding, the advice given was completely inaccurate. 😂

So if they have a formal conversation and I don't call in sick again then maybe my role is safe?

Not necessarily. Sickness records tend to be evaluated over a period of time, so even if you suddenly were not so debilitated monthly it could yet come back on you later. They could let you go with minimal notice at any point until October 2021 without giving a reason, with a few potentially discriminatory exceptions. Is this a role you intend to keep long term?

Not necessarily. Sickness records tend to be evaluated over a period of time, so even if you suddenly were not so debilitated monthly it could yet come back on you later.

Yes

My place work calculated the average sick days per year across the board and measures you against that.

Last years average was 4.7 days.

Anyone who had higher than that did not get a pay rise.

OP has blown the average

johnmartinday incorrect advice really is not helpful in any way. OP you've been given lots of consistent advice on this thread, please don't listen to the one person who says differently because that's what you want to hear.

I would certainly be very worried
Huge red flags with regular sickness absences in such a short period of time
5 days sickness absence with a cold?
Thats extreme

If your periods are so bad you have to take time off work then surely this hasn’t just happened now, what did you do in previous jobs (if you have had any)? Also 5 days for a cold is extreme, antibiotics or not. Just because a Dr prescribed antibiotics does not validate you being off work for that amount of time. They are in your system after 48 hours.
I think it shows a complete lack of work ethic considering you’re in a probationary period and if you were my employee I’d be looking at ways to terminate your employment pronto. Condoning this kind of behaviour by continuing your employment just screams to others that it’s acceptable and breeds like wildfire, I wouldn’t want someone that unreliable working in my team.

@StealthPolarBear I don't think the op really wants advice

She wants to get maternity pay from somewhere.

If I was your manager, I would be dismissing you. You're on probation, it's already been extended due to sickness and you've had a lot of sickness in a short amount of time. I'd want to get rid of you now before your employment is confirmed and more sickness happens regularly (because judging by it already, it's very likely).

Others are correct... You don't have a lot rights until after 2 years. You can double check this for yourself by going on ACAS and other employment law sources.

@johnmartinday why on earth do you think it’s helpful to give someone completely inaccurate advice?!

Op - they’re not helpful, they’re completely wrong. You can be dismissed for any reason (Other than discrimination) without notice if you’ve been employed for less than 2 years....a cursory google would tell you this (although I’m married to hr) are you young?

I wouldn’t be planning on mat leave pay from this place....

I have worked in HR for years and yes they can dismiss you. Under 2 years you cannot claim unfair dismissal as you have been led to believe. You can claim discrimination if you were dismissed due to sickness related to a condition covered under the disability discrimination act. Ultimately this decision lies with a tribunal but from what you have said and my experience I very much doubt you would be protected by this legislation.
I have been employed by my employer for 1 years and have less absences than you have in 4 months. You could argue I am lucky. However your employer will need to consider if this level of absence is sustainable for the business. As a small business I can't see how it would be. You also have a responsibility to try and reduce your levels of absence which it doesn't sounds like you have to this point.
If they dismiss you you will be entitled to notice and any holiday accrued but not used but nothing else.

That should read employed for 10 years and had less absence not 1!!

This thread is ridiculous.

"I didn't realise a couple of days each month was too bad."

What.. 24 days a year?

And then, after 3 sicknesses totalling 5 days for period pains, and having been given an extension on their probation, calls in sick again, for another 5 days, and for a cold.

And all this during her probation period within weeks of joining.

And then wonders if her job is safe, and questions the company procedures.

Come on!!

I’d be worried if I were you. I have migraine and really struggle at times. I started a new job fairly recently too (Aug last year) and I’ve been off one day so far. I know my employer ( local authority) weren’t impressed. But I was sick with it and had disturbed vision. They were sympathetic enough and I returned the next day even though I wasn’t 100%. But I just got the impression they weren’t impressed. I have struggled lots of days since but no matter what I try to get there. I think like others have suggested you should see your doc and let your employer know you’re trying to rectify the menstrual problem. They may be more on your side if they can see you are taking some action. Then if I were you I’d make it in as much as possible and give it 100%. Good luck!🍀💕

10 days is a lot for an employer to bear - especially for a small business - we average about 1.5 per employee per annum - across 160 staff (I’m one of the “bosses” and we do track it) Depending upon the nature of the business it can place a dreadful strain on other staff and lead to anger and resentment.

Unless a colleague had a diagnosed pre disclosed condition I wouldn’t be expecting them to have a week off, especially only a few weeks after starting as it does not bode well for future reliability. We’d make an exception for exceptional circumstances or if someone was doing exceptional things but a heavy cold is not exceptional - we just work through them and in the two years I’ve been there I’ve not experienced a staff member taking time off with a heavy period - and we are a happy ship with happy and engaged employees - or that is what they tell us when we plead for honest (and anonymous) feedback.

My sister had 4 instances of illness in her new job -on 2 occasions she went in but they sent her home as she wasnt fit to work, so they extended her probationary period by 3 months, then sacked her. Sorry, but if you call in sick in the first 6 months you're definitely in danger! My husband is manager for boots and if you call in sick once during probation youre pretty much done, unless you're fantastic at the job otherwise.

Instead of looking at loopholes for work I would be trying to manage period issue. You need to take some responsibility. Not just think I need two days off a month or my mum will help. Unfortunately you may find out soon that the world does not work around you. It sounds like you think it does. May be that is harsh but it is just the way you are coming across.

If you have been pushing with GP to find something that works for you that is totally different. You cannot do anymore. Unfortunately some people suffer ill health and cannot help having time off work.

Your absence rate does sound high. So I would not be surprised if they let you go. I think you may stand more of a chance if you say I have done x, y and z to try to reduce my absence rate rather than look for a loophole.