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AIBU?

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Original poster

Unfair dismissal?

40 replies

Sibc465 · 26/05/2025 20:16

Long one. Iv been in the hospitality industry for around 16 years. Iv built myself a career out of it and have hit the highest level.

in Oct I decided to take a huge step back and go back into am (assisted manager). Purely due to home life/work balance. This company approached me!

got the job place wasn’t even built yet. Huge huge company. Start dates agreed training location agreed. Due to start January/feb.

dec I fell over my bloody dog and broke my ankle in 3 places. 2 operations 1 week stay in the mayor trauma unit let home. I informed the company and said ovs unfortunately I would need to push back my training start date. All fine pushed back to Feb.

I went to work first week “classroom” training 5 weeks 45 hours per week puls an hours train there and back.

I worked my ass off was in pain daily and relying heavily on my pain meds. (They knew this).

2 weeks in I fell sick. I informed my direct manager on my day off I had physically vomited. And due to the 48hour policy I wouldn’t make work the next day.
the second to last day of my training I fell getting of the train and my ankle the next morning was in agony. I told him fine no problem.

on week 4 of training the last week my area manger offered to reduce my hours to 30 from 45 as it was obvious I was struggling (still in a boot and unable to walk without. I agreed and took a 10k pay decrease for the duration that I would be on these hour.

There was a team day for our last day of training. Two days after my boot was off. I’d been approved the leave but said I would try to do the team day.

i was informed it was ALOT of walking then bowling.. they said it’s ok you can sit in a coffee shop and wait for everyone., my foot would not fit in a shoe at all it wasn’t a mandatory day I didn’t go. He’s again marked it as absent even though I told them I couldn’t.

Fast forward I’m at the restaurant in my own town so no longer traveling. I’m still relaying on pain meds.

my hours are 30 but my shifts are 3-f. No scheduled breaks. I fall sick again 2 days off this time admitted to hospital. Bp on the floor severally dehydrated can’t keep water down.
they re x rayed my ankle as it was very swollen. Shock hairline fracture. Left the next day as was due on the open spoke with my boss who TOLD ME to take the weekend off.
then marked as absent due to been sick!

went to my next two shifts in my boot then had to see my GP due to this hairline to get re referred to the fracture clinic.

GP told me I need to self cert for 7 days then get a fit note. Spoke to boss he encouraged this.

this is where it gets funny. I receive an email to inform me my probation has been extended by 4 weeks. Briefly mentions my absences, informs me he hopes to see an immediate improvement. And he’s offered extra training… my performance has never been questioned and at this stage I’m home with a fit note!

i message to ask about the email and was informed it’s nothing to worry about it’s a generic email.

my 2 week fit note was due to end on the thurs I emailed the Monday to ask to be rotered for the following week. He read ignored. I asked the next day would this be possible? Yes but we need to wait for your fit note to expire and then do a back to work. Ok never have did before but ok.

I go to the meeting Wich is now a probation meeting not back to work and they have terminated my contract! Due to high level of absences. Fine but here’s where I’m pissed off. He said it’s not my ankle! He said it’s down to the sickness not the ankle and it’s 6 days!!

it’s not it’s four days in my pay slips as five so math isn’t mathing. and two periods it’s four days due to the 48hour policy. One of the days hes marked me “sick” was my day off!! The rest is my ankle.

now this is where it gets really interesting I’m one of 4 managers the only female.

one of the other am has had 4 days sick in the five weeks of training. 2 since our site opened. Numerous lates and an AWOL Wich is gross misconduct! But still has a job!! He’s also been let to leave early once 4.5 hour to watch football and another on a vip night where he left a table unhappy and I had to turn it around.

sorry massive massive post. Think I have it all in but before I waste anymore of my time do I have a case I could speak to ACAs ect with?

OP posts:
Original poster
Sibc465 · 30/05/2025 00:11

IberianBlackout · 27/05/2025 19:20

@Sibc465 how long has your male colleague been with the company?

We have persistent similar issues in my workplace, but the colleague who takes the absolute piss has been there for about 15 years. Sometimes I wonder if the sex discrimination is so ingrained they don’t even realise it, as all management is male.

Same time as myself

OP posts:
TatteredAndTorn · 30/05/2025 01:58

Don’t take advice on this from MN OP. It’s incredibly unreliable and there are always multiple people posting who don’t understand the law, who seem to think no one has any rights. I would contact ACAS for advice. There are a few things that may have happened here - failure to follow proper process, and/or discrimination. ACAS will be able to advise further. Good luck and sorry you’ve had such an awful run of luck with your health, sounds awful.

Zanatdy · 30/05/2025 06:07

Did they advise what the sickness level was during probation? In our company it’s 2 days. You can extend the probation if there’s a problem, like your ankle, but you don’t have any case against them as you’ve likely exceeded the sickness during probation max and unfortunately higher levels of sickness during probation can indicate higher levels further on. That is costly to businesses.

Original poster
Sibc465 · 30/05/2025 06:26

Zanatdy · 30/05/2025 06:07

Did they advise what the sickness level was during probation? In our company it’s 2 days. You can extend the probation if there’s a problem, like your ankle, but you don’t have any case against them as you’ve likely exceeded the sickness during probation max and unfortunately higher levels of sickness during probation can indicate higher levels further on. That is costly to businesses.

My contract says to follow the absence policy. My manager said it didn’t count on probation.

OP posts:
Viviennemary · 30/05/2025 06:38

I don't think you have a case. Unfortunately you weren't really up to taking on this job. If you had worked there longer they may have had more sympathy. But all those absences in that short period of probation just makes you unsuitable for the job.

Cosyblankets · 30/05/2025 06:42

How do you get to assistant manager level and have not heard of a back to work meeting? I thought this was standard

Renabrook · 30/05/2025 06:51

Sibc465 · 26/05/2025 20:57

Thanks all. Never had this problem before just gutted Instead of using the time to recover as I should have Iv been and worked on a broken ankle and made it worse in the long run.

think my male colleague still having a job with equal sickness including a sore eye. A gross misconduct and extreme lates is clouding my business brain.

No idea what being male has to do with it

Riaanna · 30/05/2025 07:01

Tistheseason17 · 27/05/2025 21:01

"Disability" something that affects your ability to do a daily living activity - has lasted or likely to last 12 months or more.
The ankle break you have is likely to affect you for 12 months bearing in mind it's a complex break and now another fracture. Therefore you have a diability discrimination claim. Contact ACAS. You could email your employer and advise... "I am writing to formally address my recent dismissal and the implications regarding my medical condition. As you are aware, I have suffered a broken ankle, and medical advice confirms that the impact on my daily living activities will persist for over a year. Given the substantial and long-term effect of my injury, I am classified as disabled under the Equality Act 2010.
I must emphasize that any dismissal related to my condition, without following due process and ensuring reasonable adjustments, could constitute disability discrimination. I kindly request that you review this matter urgently and consider reinstating me in accordance with legal obligations.
I am open to discussing potential accommodations that would allow me to continue contributing effectively to the organization. Please confirm receipt of this email and advise on the next steps." Or simply sue them if you don't want to go back.

Lordy lord this is not true at all. It’s very unlikely that she will qualify as disabled and as yet she does not so is not protected. Beyond a reach.

Golidlocksandthethreeswears · 30/05/2025 07:01

How have you got to presumably general manager level (as you say this job is a step down at ass manager) without being aware of how return to work meetings and confidentiality around HR processes work? You have no idea what conversations are being had with your male colleague about his attendance record.

Treesandsheepeverywhere · 30/05/2025 07:06

Tistheseason17 · 27/05/2025 21:01

"Disability" something that affects your ability to do a daily living activity - has lasted or likely to last 12 months or more.
The ankle break you have is likely to affect you for 12 months bearing in mind it's a complex break and now another fracture. Therefore you have a diability discrimination claim. Contact ACAS. You could email your employer and advise... "I am writing to formally address my recent dismissal and the implications regarding my medical condition. As you are aware, I have suffered a broken ankle, and medical advice confirms that the impact on my daily living activities will persist for over a year. Given the substantial and long-term effect of my injury, I am classified as disabled under the Equality Act 2010.
I must emphasize that any dismissal related to my condition, without following due process and ensuring reasonable adjustments, could constitute disability discrimination. I kindly request that you review this matter urgently and consider reinstating me in accordance with legal obligations.
I am open to discussing potential accommodations that would allow me to continue contributing effectively to the organization. Please confirm receipt of this email and advise on the next steps." Or simply sue them if you don't want to go back.

Lol, don't be this person OP.

There'll be other jobs, your employer has every right to terminate your contract as your length of service has no protection.

Tistheseason17 · 30/05/2025 08:00

I'm not saying she should sue. I'm saying if she has a disability that will last for more than 12 months (already been 6 months and not better) she may have a protected characteristic - which is legally correct. She's been treated quite poorly.

Fitzcarraldo353 · 30/05/2025 08:00

What seems to be confusing you here is the manager telling you it's only the sick days that are the problem which you're then comparing to your male colleague. Truth is your absence record is actually much higher when combined with your ankle absence. It's likely that they're really looking at both.

Original poster
Sibc465 · 30/05/2025 08:09

Cosyblankets · 30/05/2025 06:42

How do you get to assistant manager level and have not heard of a back to work meeting? I thought this was standard

I no what one is. This company don’t or in my case have never done one.

OP posts:
Cosyblankets · 30/05/2025 09:27

You'd only just started hadn't you?

MyCyanReader · 30/05/2025 10:03

You have delayed the start date, and taken huge amounts of time off in a short period of time which was massively inconvenient for them.

The broken ankle was not your fault but nor was it their fault.

It's a very unfortunately start to a new job but certainly not unfair dismissal as you were unreliable.

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