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AIBU?

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Original poster

I got fired today!!

559 replies

Amiunemployable · 27/11/2025 17:31

I started a new job on 1st September.

I was given an offer of employment letter when I started but never received a contract.

Today I was fired. Apparently I've had too much time off and failed my probation.

They've said I've had eleven days off. By my tally it's six days. Not eleven. Two were caused by migraines with aura which I've never had before and my GP reckons it was highly likely to have been caused by my office lighting as the migraines only started after I got the job. And since i stopped using the overhead office lights, (i sourced my own alternative) I've been migraine free.

I know it's still a high amount to have had off but I recieved PIP for a disability that does unfortunately mean it's difficult for me sometimes to get to work. But I've done my best.

Have I got a leg to stand on here? I never received a contract. Was never informed of a probation period. To then be told I'd failed a probation period that I didn't know existed? I signed nothing that mentioned probation.

I wasn't offered an extension to the probation period or a improvement plan, etc. Just straight dismissal, with no prior warning, for failing a probation period I didn't know existed. And also told I've had 11 days off and I don't think it's been that many.

OP posts:
ChaChaChaChanges · 27/11/2025 17:33

May I suggest you ask MNHQ to move this to the Legal or Employment sections? You’ll get much better advice there.

MyBrightPeer · 27/11/2025 17:34

Unfortunately you don’t really have any rights in this situation. If you believe that you’ve been dismissed because of a protected characteristic, there may be a case of unfair dismissal but employers can pretty much do what they want within the first two years of employment.

11 days since 1 September is a lot of days off sick tbh.

Echobelly · 27/11/2025 17:34

Starting without a contract is very odd. What kind of job is this - is it office-based or are you in some public facing role like retail or hospitality?

BashfulClam · 27/11/2025 17:35

You can be sacked for any reason that isn’t a protected characteristic under two years.

Largestlegocollectionever · 27/11/2025 17:36

Yes they’re well within their rights
I can’t believe you’re actually questioning this. Even if you only had 6 days off and not 11 that’s still a huge amount in less than 3 months!
You would 100% fail probation at my work too. Oh and every job has a probation period doesn’t it? I’ve never joined a business and not expected one.
Contract is neither here nor there.

Canonlythinkofthisone · 27/11/2025 17:37

6 (how did they get to 11, did you do shorter days?) days off in less than 3 months is grounds for fair dismissal.
You might be able to argue that you didnt have a contract or know about a probation period, but do you really want to work for a company that can't be arsed to do the basics?

Luxio · 27/11/2025 17:37

If you haven't had and signed a contract then it all sounds very dodgy to be honest. Although there is no requirement to extend a probation period and they can indeed just fire you.

Grumpynan · 27/11/2025 17:39

6 or 11 days, that’s still a lot of time off sick you’ve only been there just over 2 months ! I would be more surprised if they hadn’t let you go.

its not uncommon to not get the contract until after the probation period of about 3 months

why are they say 11 days and you 6, do they mean 1/2 days ?

KilkennyCats · 27/11/2025 17:40

11 sick days in 3 months? That would be grounds for dismissal even if you’d passed probation and signed a contract, op! I’m not sure why you think those things bear any relevance at all.

sweeneytoddsrazor · 27/11/2025 17:41

I would be called in for further investigation with 6 days off in 3 months and I have been in my current role 14 years

HoskinsChoice · 27/11/2025 17:42

Were they aware of your disability and had you ensured reasonable adjustments were in place? Even at 6 days, thats a huge amount of time off, (to put that into context, I'm in my 50's, have worked all of my adult life and have only ever taken 3 days sick in my entire career). Unless there was specific arrangements and expectations that you would take so much time off in place when you started this role, I very much doubt you have a leg to stand on.

Yesimmoaningaboutbenefits · 27/11/2025 17:42

11 separate days? Or 11 days in one go?

Original poster
Amiunemployable · 27/11/2025 17:43

I understand the time off is high. I've acknowledged that. I also understand that it's perfectly reasonable as grounds for dismissal.

What I'm disputing is, firstly, the number of days. I believe it's 6, not 11. Secondly, I never received a contract of employment, nor was I made aware, either written or verbally, that there was a probation period or what length it was. So, the first I've heard of the probation is when I'm being told I'd failed it.

It was an office based admin role.

OP posts:
Littletreefrog · 27/11/2025 17:45

Is there an employee handbook? They usually get around things not being in the contract or not giving a contract by saying everything is covered in the handbook. Either way 6 days in 3 months isn't great. I imagine if they were absolutely over the moon with everything else they may have extended probation but as they haven't it does seem like they weren't that thrilled with you anyway.

CoastalCalm · 27/11/2025 17:45

Did you officially declare your disability when you started ?

Lulu1919 · 27/11/2025 17:45

Is it 6 or 11
My term started sept 1st ( I'm a TA) I've not had any days off....but I don't have a disability.

KilkennyCats · 27/11/2025 17:45

You failed probation by demonstrating that you couldn’t actually show up and do the job, op.
Sorry to be harsh, but it sounds like that pattern of attendance was unlikely to be radically different going forward?

HoskinsChoice · 27/11/2025 17:47

Amiunemployable · 27/11/2025 17:43

I understand the time off is high. I've acknowledged that. I also understand that it's perfectly reasonable as grounds for dismissal.

What I'm disputing is, firstly, the number of days. I believe it's 6, not 11. Secondly, I never received a contract of employment, nor was I made aware, either written or verbally, that there was a probation period or what length it was. So, the first I've heard of the probation is when I'm being told I'd failed it.

It was an office based admin role.

This sounds very much like you know that they are right about the sick leave but you are looking for a technicality to sue them? If not why does it matter if it's 6 days or 11, a contract or a probation period? You've been fired, it's irrelevant unless you're looking for compensation.

Original poster
Amiunemployable · 27/11/2025 17:47

They said I'd done a great job, but my level of time off was a concern, and thus, I'd failed probation and was given one week notice.

There's no employee handbook that I'm aware of. Nothing that's been given to me anyway.

And no, I didn't declare my disability.

OP posts:
IceIceSlippyIce · 27/11/2025 17:47

The probation period is a red herring. There are very few rights in the first 2 years of employment when it comes to dismissal. Disability is one of them - if you think they have used the amount of leave as an excuse to get rid of you for your disability, go after them.

Have you had some holiday? Are they (incorrectly) including that in your leave used???

That said, they don't sound like the best place to work. Can you afford to be without a job while you search for another one? It might be a blessing in disguise in the long run.

Onbdy · 27/11/2025 17:48

Did your days off fall over a period where there was a weekend in the middle? I remember one job I had where I had one day off before a holiday (teaching) where they told me it was 10 days. They included the two weekends plus the half term week.
In terms of probation, I think it’s reasonable to assume that most jobs have at least a 6 month probation period and unfortunately during that time they can get rid of you.

firstofallimadelight · 27/11/2025 17:48

I had a job in a local authority, I had been there 5months and 3 weeks (probation was 6 months ) I had had 3 separate sicknesses, 2 days due to migraines and 2consectutive days with flu so 4 days in total. I was sacked on the basis it was 3 separate illness occasions.
im sorry this has happened hope you find something soon.

TheatricalLife · 27/11/2025 17:48

What outcome do you want for this? I can't imagine you are pushing to stay after being sacked? Personally, I'd put it behind me and move on. You had a lot of absence in a short period of time, even if it is 6 rather than 11. Do you just want them to acknowledge that or give compensation?

Linenpickle · 27/11/2025 17:49

Don’t you have to be given a contract within 12 weeks?

Largestlegocollectionever · 27/11/2025 17:49

You say your disputing 6 / 11 days.
ok so for this - firstly you must know / be able to prove what days you’ve had off sick? Just calculate it.
Secondly - even if it’s 6 days ? Still doesn’t change anything and they’re still wanting you gone.

Secondly, I never received a contract of employment, nor was I made aware, either written or verbally, that there was a probation period or what length it was.

And? Again, makes no difference, you’re still sacked and have zero chance of any tribunal or pay out or your job reinstated!