To think my friend will lose her job

[MollyMindy]

Posting for advice as a close friend of mine is in a bind

She started a new job 2 months ago, a promotion, all good.

4 weeks ago her husband walked out, no kids, but she is devastated. Can't function at work, been doing the bare minimum, and what she is doing I gather is pretty poor quality.

Performance is now being monitored, informally for last few weeks, more support given etc. She thinks it is going to get more formal soon, so has got herself signed off for a month with stress.

She is under the impression that although she is on probation she now can't be touched, I think she is wrong but not sure what advice if any to give her.

Exactly this.

She sounds extremely immature, entitled and unrealistic, tbh. I can't imagine missing that much work during a probationary period, or any time for that matter.

What age is she?

Work can only be supportive for so long, it is on her to turn up

Is this a reverse? How do you know so many details about her work schedule/time off for toothache? If they're monitoring her performance they've probably already decided to fire her, whether or not they call it support. If she communicates with them and goes in with a plan to improve she might swing it but it's all very bad timing.

Can hang at the pub but can't work and has already had time off for weak reasons and isnt performing. I feel for her employer.

Christ I could struggle in her situation. Agree she needs to tell them what’s happening- life - and they’ll see it is a temporary blip for her. Hopefully they’ll remember it’s 2023 and she deserves support at work through such a life event.

it is very easy to fire someone with less than 2 years of service as long as it is not discriminatory.
Of course you can let someone go who has been signed off with stress. and a few days if here and there in such a short time is really poor. You wouldn't pass probation where I work.

They might extend the probation period but imo that's just a formality whilst they prepare to dismiss her. Businesses are there to make money and will do what's necessary to maximise their profits. There will be no benefit to them making her a permanent member of staff.

At the risk of sounding harsh I think its probably too late and she's unlikely to convince them to keep her on

She needs to speak to her manager and be open about this. Where I work, if she told her manager this, there would be allowances and adjustments made and she would be given support for her MH before further progression was made down the formal line. There's no value in her waiting til she's at the end of the line as that won't help her.

A few days off here and there and she has only been there 2 months. If her attendance had been perfect up till now she would have a chance but it doesn't sound good.

Your friend needs to understand that being signed off sick for two months, when only two months into a new job, is in itself a performance / capability issue.

With this track record, I absolutely would terminate her whilst she is off sick. She would be better off talking to her manager about her situation and going in and doing her best. I am not sure how being at home helps her anyway, I’d rather be keeping busy if I were going through this!

She will lose her job.
She needs to be honest with the company and with herself.
She needs to sort out some therapy and hold tight to a pair of grips.
She probably does need a month off and a small gap can be absorbed into a CV.
Please explain to her that the contract of employment is an agreement that works both ways. The Company gives the employee money for the competent services rendered.

Your friend is going about this completely the wrong way and I expect she'll be sacked ASAP.

Safe workers uk says "One of the most common reasons to fail probation is excessive sick days. Studies suggest that around 50% of workers who were fired during probation had taken too much time off."

If she wants any chance to keep her job she needs to be honest with her situation and have a an improvement plan she presents to them.

But also, if she is employable it might be good to take some time off.from working and getting herself back together. But doing it in cooperation with the employer even if she is dismissed.

If she is open about the issue, I would extend probation by the period of absence to give her a fair go.
However, if she has had odd days here and there plus a block of sickness I would dismiss more likely than not.

I think she needs to accept that unless they are a really unusual company, her contract will be terminated. She is unlikely to be getting any sick pay.
Two months in and several times off sick. I’d terminate her contract.

WOW...she really needs to dig deep and go to work. Everyone goes through hard times but we still have to do what we have to do.

She's going to lose her job. Sick notes with 'stress' are a massive red flag - if she does get signed off again then ideally the note needs a proper diagnosis on it.

But it would be better if she just goes back to work. Staying at home will make things worse. If I were her GP then unless I felt there was clinical depression, I'd be having a hard discussion and issuing at most one more week.

Depends what company she works for, if she's on probation and hasn't been there very long she's not got a huge amount of security, even if she's signed off sick.

If she works for a large company with a good hr department they might be more inclined to help.

She can only sign herself off sick for a week, anything longer will require a doctors note

Yes, the only question is when. She needs to find a job she can still do while upset, maybe see if her previous post has been filled / they would have her back.

I have sympathy for your friend, but practically, how does she think this situation can be resolved? Not by avoiding work, and building up to a stressful return and probable failure.

Previous advice to be honest about her situation is wise. If I were her manager I would be willing to offer support, but I would expect her to take responsibility for working to resolve her difficulties and to ask for support when required. I would also likely look to extend her probation.

She will lose the job - probation is a quick get out of jail card for both parties if the fit is not good. I am not sure if performance management is even an option in probation - it would take an open minded employer to do this.

Sitting at home moping for a month is not going to do her any favours. Especially if she is well enough to go out to the pub. She needs to get back to work and put her energy into doing her job. Frankly the way she is now she doesn’t deserve to keep the job.

They absolutely can fail her probation for stress related illness, regardless of whether or not the stress is related to the job. There is also nothing to stop them terminating her employment while she is off sick, observing any notice period requirements. Probation has no meaning in employment law and is a matter between employer and employee - the conditions depend on what is stated in the employee’s contract. A probation period doesn’t mean an employer can get rid of an unsuitable employee any sooner - they still have to honour any relevant notice period.

What it comes down to is whether the length of time off sick can be considered reasonable. If she’s signed off for four weeks and is unlikely to be fit for work after that period, then I would think termination is likely. I would suggest she meet with her employer and explain what’s happening, and they may be flexible as a result. But if they’re not aware, they can’t help, so she needs to be honest.

Probation doesn’t mean anything when it comes to employment law and doesn’t allow an employer to sack an employee any quicker. They still have to honour notice periods etc.