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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think I will be dismissed for sickness record?

999 replies

nojob · 18/02/2020 19:02

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?

OP posts:
TickyTacky · 19/02/2020 19:53

I have been down the disciplinary route for sickness in my previous job. I was ill a lot, but I'm a severely asthmatic diabetic who suffers from migraines. Time off was for chest infections (antibiotics, steroids, hospital) migraines (at one point was given a ct scan and lumbar puncture) did pass probation but left after 18m when I realised the stress of that workplace wasn't helping my migraines. I did realise my sickness was my fault but with so many long term conditions that were disclosed before employment I couldn't have done much more.
Get yourself some help for your periods, it will change your life :),

AhNowTed · 19/02/2020 19:54

The fact the OP thinks it's acceptable to take 2 days sick a month says it all.

Any hint of that attitude on my team and you would be out the door.

Asiama · 19/02/2020 19:54

OP your sickness absence is very very high. You have no dismissal protection for the first 2 years so they can dismiss you for any reason at any time, without following process. The only exception to this is dismissal for unlawful discrimination (highly unlikely in your case). You may have dismissal processes written in your contract (unlikely again) which would mean they are obligated to follow a process, but the outcome can still lawfully be dismissal.

Probation is a red herring. It's something companies have to help them manage performance but in reality the law sets your "probation" at 2 years as you have very little rights before then. Even if you pass probation, in a year's time they could still dismiss you for pretty much any reason.

In the absence of any possible treatment I would suggest timing your annual leave in the future to coincide with your bad period days.

PlomBear · 19/02/2020 19:55

It will be interesting to see what happens with an ageing workforce and a retirement age of 70+. Older people generally have more chronic conditions. How will employers manage elderly employees having hip replacements or with dementia?

Smeagalsmith84 · 19/02/2020 19:55

I have chronic health conditions that my work know about and I nearly lost my job with the Civil Service for 8 days off in 12 months. 10 days in 4 months really is a lot. You need to address this with them ASAP and see what they can do to help because they can just let you go otherwise

PlomBear · 19/02/2020 19:58

The two year mark is a red herring. Employees have little protection. You might be protected for disability and pregnancy by law but employers get round dismissal. You may have worked someone for 30 years and been a good employee with no sick days, get a cancer diagnosis, so they get rid of you. They can’t sack you but they can make you redundant, manage you out by bullying or make up performance issues.

Employees have very few rights.

daisypond · 19/02/2020 20:02

It will be interesting to see what happens with an ageing workforce and a retirement age of 70+. Older people generally have more chronic conditions. How will employers manage elderly employees having hip replacements or with dementia?
This is a very valid point. It’s already difficult for the 50-plus contingent.

Bearbehind · 19/02/2020 20:08

The problem with this thread continues to be that the OP clearly has no intention of doing anything differently as she believes she’s entitled to this time off

If the attitude she has displayed on here, ie just trying to find the loophole and not acknowledge that her absence is a problem, is remotely visible to her employers, they’d be mad to keep her on

Kateguide · 19/02/2020 20:10

Hi OP, so there have been lots of posts on here about taking that amount of time off is unacceptable (which I agree) and yet you are still grasping to technicalities into correct procedure. First of all you must reflect and act upon your seemingly lack of awareness / emotional intelligence about this potentially grave situation.

I do have some practical suggestions. I have very heavy periods, always have. Leaks on the bedsheets, clothes, constantly changing sanitary products etc. I too have very low iron, never fainted which always astounds my doctor as she sees my iron count.

A game changer for me was moving to a menstrual cup. They hold a lot more capacity. I started on the comfy cup, I now use the Merula XL which is the biggest cup on the market. It means that I can, on my heaviest days, go maybe 1 to 2 hours between emptying it. I really hope this helps

RedGirl99 · 19/02/2020 20:10

To echo PP it does not matter what policies are in place and whether they follow them or not - you have under 2 years service so they can pretty much do what they like (barring in cases of discrimination, which sounds highly unlikely in your case).

An employer may choose the occupational health/support route at this stage if you had exceptional performance and had been sick once, maybe twice (at a big push) during your probationary period but, from what you have said, you haven't demonstrated yourself to be reliable so there is no incentive for them to do this for you.

If you choose to only listen to inaccurate advice because it's what you want to hear, that's up to you Hmm

PlomBear · 19/02/2020 20:12

I love how in the return to work chat they ask “how can you stop this happening again?” It’s a tick box on the form.

Asked me that after having a week off for a miscarriage despite being signed off work and pregnancy related illness apparently not counting towards absence!

How can I prevent getting pneumonia and ending up in hospital again?

How can I prevent tripping in a pot hole on a pavement and breaking a bone?

I have a friend who went into the sickness absence procedure after being assaulted by a patient. “Did you make the patient angry and that’s why they hit you?”

2020vision10 · 19/02/2020 20:13

Obviously there's considerations employers have to take with older staff... Ongoing conditions, whether it will impact them doing their jobs, any appropriate adjustments.

But that is not the issue with this OP. Let's face it... Their sickness is ridiculous and they have not long started their role. Something mentioned about 2 days per month... That's ridiculous and not acceptable. Some people seem to ring in sick for the slightest inconvenience, that makes an impact on the staff that do actually do go to work, having to cover someone who is unreliable and doesn't seem to give a shit is frustrating.

LilyLovesLacey · 19/02/2020 20:15

You can be dismissed for any reason (Other than discrimination) without notice if you’ve been employed for less than 2 years...

Which isn't on really. People have rent and bills to pay, they are supposed to have another job lined up? Pretty sure you can't claim income benefits if you get let go from a job?

2020vision10 · 19/02/2020 20:17

Because of people like the OP, some companies are so robust and strict with sickness... Which really ruins it for people who are genuinely ill and can't come to work. People can blame companies and their policies all they like, but some people really don't help themselves or others.

StealthPolarBear · 19/02/2020 20:17

"
Obviously there's considerations employers have to take with older staff.."
Is there? I wasn't aware of that.

LilyLovesLacey · 19/02/2020 20:19

@AhNowTed

Did you miss that I wasn't talking about the OP? Hmm

Anyone having more than 2 instances of any duration in our place per year is on a warning.

That's fucking insane. 2 days off a year gets you a warning?

nojob · 19/02/2020 20:20

And for those who asked yes the maternity pay is good but I think I would only qualify for SMP if I am lucky enough to get pregnant soon as i have to be working there basically a year before I conceive to qualify for the full 6 months full plus 3 months half pay.

OP posts:
StealthPolarBear · 19/02/2020 20:20

3 surely, and I think that's fair. It's a warning not docking your pay.

daisypond · 19/02/2020 20:21

Which isn't on really. People have rent and bills to pay, they are supposed to have another job lined up? Pretty sure you can't claim income benefits if you get let go from a job?
Eh??? Are you taking the piss? Of course it’s on. People get sacked if they cannot do the job they are paid for. And you may or may not get benefits afterwards- it depends on the reason.

2020vision10 · 19/02/2020 20:21

Oh yes, a company has to be quite careful because they could be accused of Age Discrimination.

StealthPolarBear · 19/02/2020 20:21

Op do you think your level of sickness if acceptable?

nojob · 19/02/2020 20:21

But it sounds like I might be dismissed next week anyway by most of these responses. Or at best another extension

OP posts:
LilyLovesLacey · 19/02/2020 20:21

How can I prevent getting pneumonia and ending up in hospital again?

How can I prevent tripping in a pot hole on a pavement and breaking a bone?

Bonkers. I think some just get wet fucking knickers from the power they have.

Gbtch · 19/02/2020 20:21

Sorry but if it was up to me I would let you go. Managing poor attendance is very time consuming for the manager and member of staff. If I didn’t have to take you( as you are still on probation) I wouldn’t. Sorry.

BigMommafromBolton · 19/02/2020 20:22

It’s a bit late to worry now but yes far too many days off. And 5 days for a cold. I don’t take that much off in 6 months. If I was your employer. I would think you were just flakey and let you go.

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