that it's unfair to lose my job because of covid?

[radickle]

namechanged

I got a new job 10 months ago and I admit that my health has sadly really not been fair to me. Just want to say, I've never had an issue with sickness in the past and I feel it's really a case of being very unlucky.

Was off with covid at the very start of getting my job (the first month) 2 months later I got the sickness bug (that was bringing a lot of us down with it at work) and had to obviously go off. About a month after that I had to have an emergency dental appointment. There was also 2 more sicknesses after that involving an eye injury (first one) and then the second one was because it got infected. I had a meeting about attendance concern during that time.

I've just got covid again and called my manager and said to him that ill obviously come in but I know it's policy not to and he said I can't be in for a week and didn't say much else but then got a later phone call to tell me to expect to not be back in the role and a meeting will be made when I'm better... im confident I'm losing my job.

I'm rather heartbroken because I genuinely like my role and work hard and it was a job in the field I wanted and had looked for for ages. It's obviously a very competitive role though and obviously they will have a line up of people wanting it.

I haven't been particularly unwell with covid so far and I'd have gone to work but it's the company saying I can't, which is why it feels particularly harsh. I know my sickness record wasn't great but there would never have been this sickness if their policy allowed me to come in...

It is a lot of sickness but what is OP supposed to do?
Come in & shit & vomit everywhere when she has D&V plus many were off at OPs workplace.

Covid that can't be helped but perhaps maybe shouldn't have tested this especially if feeling well enough to work. But then OPs work has 'if you have Covid don't come to work' policy.
I would & many others would be extremely pissed off if a colleague came to work & gave us all Covid.
It's people having to come into work when they're really ill & end up giving their lurgy to everyone else that really pisses me.

Eye injury was an accident.
Dental problems I would have used A/L or made the time up.
But that depends on whether OPs employer allows that.

Years ago my friends DP was in a RTC resulting in a broken leg, fractured wrist, external & internal bruising, whiplash. He was off work for around 8 weeks but but his ridiculous new line manager tried to use the argument of well this is your 3rd incident of sickness in 12 months/more than X amount of days off - he'd had D&V on one occasion & flu on the other.
Prior to that either years with no sickness absence or just 1 occasion.

I also agree that you do get people who play the system but I don't think OP is one of them

Could you get proof from your previous employer of how little sick leave you too whilst there? And then produce evidence of the problems you've had so far to show that you're not just swinging the lead.

It sounds like you’ve had really unlucky time of it with your health but 6 absences in 10 months would set alarm bells off in most places. How many days in total is it you’ve been off?

OP I am sorry you have had such a bad run of luck with your health.

However, as others have said, you aren't losing your job "because of Covid". If you lose your job (presumably you don't know for sure yet?) then it will be because of your total of absences. Even without the bouts of Covid you have had four separate absences, which in 10 months is a lot.

If you like the job and want to keep it, then I would go in to the meeting with a plan. Emphasise your previous attendance record and that this is a very unlucky anomaly. Reassure them that you understand it doesn't look good, that you appreciate their understanding and that you are committed to trying to make this work. Do you have an option to WFH at all? If so then this can be good for the days when you are a bit under the weather but can still work. E.g. if you have Covid at the moment but feel OK you could WFH until you test negative.

Sounds like my place. You’ve been off 6 times . 2 were covid the 4 weren’t. It’s sad but maybe this job isn’t for you. You obviously have a low immune system to pick all these bugs up so losing it may be beneficial. Start looking and applying to other places.

To pick all these bugs up? I've had one bug...

It’s not the covid as it’s probably less about the amount of time and more about the amount of incidences of sickness . 1 or 2 5 day sicknesses will flag up as less of a concern than 4/5 2 day sicknesses IYSWIM .

I think you've been unlucky with so much sickness. Not your fault, but equally your employer is not unreasonable to have an issue with so much sickness so early on in your employment. As you've been there less than 2 years I believe they can let you go.

Yep that would be a definite flag where we are.

It's that so many absences all for different things in such a short time.

Truthful or not we've all worked with someone who is always off for minor stuff/skiving.

Not good for morale and feels unfair to the rest of the team.

Totally unfair to you too if they were unavoidable absences but being honest as it's probably what your employers/colleagues are thinking.

How long have you had off? What do you do?

How long were you off each time? Was it genuinely impossible to go into work or WFH with an eye injury and subsequent infection? It sounds like something that would require half a day of rest, or maybe some antibiotics and an eye patch. Same for emergency dental appointments. Any extraction or even a surgery requires 1-2 days rest at most. If you took multiple days off for all of those, then yes, to an employer that sounds like piss taking.

All of those fall under minor accidents and injury and most adults can push through with minimal absence. The fact they called a meeting for attendance concerns means the time off for an eye issue was significantly more than what they would have expected for an employee.

No, the OP does not have a vase for unfair dismissal. She hasn't even been in the post long enough to qualify for the right to be unfairly dismissed.

How many days have you without covid? I'd be looking at that. If you feel you are available to work but their policy is stopping you I'd argue that. But look at the numbers without covid if that's your defence.

Probationary period has no meaning in employment law, it is merely a contractual thing that usually means a shorter notice period. And no OP cannot claim unfair dismissal for this, because she has not been there for two years and clearly this is nothing to do with discrimination.

Somebody that has six separate sick leaves ten months into a new job would be very lucky to keep that job. OP can only hope for better luck in her next job.

Since covid began my immune system has been shot to pieces and I’m always catching bugs and getting ill now. Before covid hit I was never ill, at all!

Could you not have swapped some of it for ememergency annual leave? I know its not annual leave, and it's shit. But it's a lost of absences now resulting in this. Could you ask if they could retrospectively be swapped to annual leave so they are not all sick on your record?

I would've used my annual leave if I was worried about my sickness record.

We get interviewed if we’ve had 3 bouts of sickness in a rolling 12 month period - in a school, where sickness is everywhere.

I’m guessing they don’t stand over you to take the LFT? They only know you’ve tested positive again because you’ve told them, if you didn’t feel ill.

bbc article yesterday says testing is being scaled back even further.

6 absences is 10 months would definitely trigger absence management where I work. 3 absences in a year triggers. In the first 10 months of working you would be let go. Before 2 years service you can basically be dismissed for any reason, so we would.

You will probably be given targets for improvement not dismissed outright.

You do sound quite blasé about all your sickness however. Have you had this level of sickness before in work or is this a one-off in your lifetime?

I think the unreliability is probably the main issue. And whether annual leave or sick leave is taken is secondary.

It IS shit OP and entirely unfair.

Since Covid I’ve been ill so much more. Being punished for illness is such an awful thing.

You've been really unlucky with the series of illnesses, given you're relatively new they can only go on what they see at the moment which is one issue after another. Thing is you obviously don't want to be like this as you say you otherwise enjoy your role. Are you part of a union? Do you have any letters from doctors / whoever about all the sicknesses?

That’s a shit load of sickness in 10 months. I would be well pissed off if you worked for me, regardless if the sickness was genuine or not.

" I know my sickness record wasn't great" - Ill second that!
Aside from NHS and maybe frontline healthcare workers who even tests for Covid anymore? And of those, who would offer to return to work with a positive result? - thats gross negligence 😫