Could I get sacked

[Lionesx]

I started a new job 3 weeks ago on the second week I was taken to hospital as I couldn't feel my legs I was out by the evening and being referred to neurologist and gyno as beginning of year I went down 2 week pathway for CC. I am in so much pain with my back stomach and pelvic area I have an appointment tomorrow to see specialist and Thursday a another appointment my doctor did sign me off for a week but I havnt accepted it as I'm scared my employer will get annoyed and ill jeopardise my job. But I feel I need to accept tome off. Where do I stand with this x

I would hope that your employer will be sympathetic and supportive but ultimately yes you could be fired as you are within probation period and any sickness within the first few weeks will mean you have a high proportion if sickness compared to work time.

If you’re having lots of investigations and appointments, are struggling due to your symptoms and feel you need to accept the time off as recommended by your GP - are you actually fit to do the job? Surely your employer would rather you not be at work than being there and being paid full rate while not actually being able to do the job?

It’s not great to have happened so soon after starting a new job but better to get yourself
sorted out with decent pain relief, get investigations out of the way and have some idea what you’re actually dealing with than struggle along in a half hearted way and be no use to man nor beast!!

You need to focus on your health and take the appointments. If you are lucky your employer will wait for you, but a lot would not this early on and they are not obliged to. If this is the case, well unemployment is low, when you are better you will find a new job.

Actual HR person here.

In a nutshell the answer is yes- but that it could potentially be risky for your employer.

You can be pulled in and dismissed without any reason or process within the first 2 years of employment- unless that reason is discriminatory (I.e based on a protected characteristic, of which disability is one). Forget probation periods- they have zero standing in the law really.

Where you may have a leg to stand on is if your ill health is classed as a potential disability. That doesn’t mean that they couldn’t dismiss you, but it would mean they’d have to go through a longer capability process to evidence they’d considered all appropriate support options before deeming you unfit.

My advice is communicate with work as much as possible. Keep them engaged and informed with your progress.

Of course you can get sacked

After being there for 3 weeks they can get rid for nearly any reason they see fit

I don’t hunk there is much of a leg to stand on regarding disability. Firstly OP appears to be sick, not disabled. Secondly even if the illness does turn into a disability, the employer cannot be found at fault for not providing suitable adjustments for a disability they were not aware of. If they dismissed OP tomorrow there would be zero come back on that point.

*think

In short yes- I had emergency brain surgery a couple weeks into a new job and was let go

In an ideal world, no.
In the real world? Yes.

If you need/want/like the job I’d be showing up as much as I physically could tbh.

A diagnosis of cancer is classed as a disability under the disability discrimination act - you don't need symptoms. So as PP said they can get rid of you but will need to be very careful to follow procedures to the absolute letter. Speak to ACAS or a specialist charity for more advice.

Assuming CC is cancer then you're wrong. A diagnosis of cancer is covered by the disability discrimination act.

If you're too sick to work then take the time off!
I was 6 weeks into my new job when I had a diagnostic procedure (had booked a/l for this) however then got an infection and was signed off for 2 weeks. I had no choice, I could barely function at home never mind do my job. I spoke to my boss and they were very understanding. They arranged a call with occupational health who have been phenomenal. There was no question of me losing my job but my boss said that being open and honest about the reason for the time off was definitely a factor.
Have you spoken to your employer at all? If you haven't accepted being signed off then are you working? Because there's no way you'll be performing at your best. Ask to speak with occupational health.

@pastabakeonaplate cancer is counted as a disability however at this stage the OP doesn't have a diagnosis

Yes it does:
Progressive conditions
A progressive condition is one that gets worse over time. People with progressive conditions can be classed as disabled.

However, you automatically meet the disability definition under the Equality Act 2010 from the day you’re diagnosed with HIV infection, cancer or multiple sclerosis.

As per PP. yes in theory you could get sacked. My suggestion would be to be totally upfront and honest with your line manager, make a real effort to get on well with them. Try your best but not at a detriment to your health.

I hope that you recover quickly x

This is true. I wonder if it would be covered by the long term impairment clause.

That sounds very stressful. I really feel for you but please do focus on your health.