I got fired today!!

[Amiunemployable]

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.

This. You put it much better than I did.

In another thread she also mentioned how flexible her employer was, HoskinsChoice, even allowing her to take her child into work where necessary

Which doesn't sound to me like the twats some have described them as ...

Have they asked you to work your notice?
I think you should speak to ACAS as you may be entitled to reasonable adjustments in terms of how the sickness criteria is applied.
That said, it doesn’t sound like the absences were due to disability.
Did you take time off sick to care for your son or was it unpaid parental emergency leave?

It might be high but it’s not comparable for everyone
i have little to no control over my sickness record due to a disability so my sickness is high
I can’t do anything about it

After reading the OPs other post about struggling to find a job due to concerns about her reference mentioning her sickness record after having a few months off, I am a bit surprised she didn't realise on the 3rd sickness episode that this was likely to be a problem.
I suspect it may be that she was working for a school and therefore a council, who are quite 'soft' with things like this, and had then moved to a more hawkish employer.

OP - it sounds like you are someone who struggles to get in every day in a face to face job. Can you look for remote work?

But none of this absence is related to that disability. The migraines may have been triggered by office lighting but that was only 2 days of the 6/11 according to her. Op, you should get paid a proportion of your annual leave balance as well as the week’s notice.

Absolutely. It’s a ludicrous notion.

How is that relevant? As the poster you quoted stated, she may have a case if she believes it was due to a protected characteristic. But OP hasn’t given any been clear that her absences were not related to her disability.

I doubt it because the intervention would be quick and legal - along the lines of ‘Is there anything you think we need to know in relation to the time you’ve had off sick’. That’s the opportunity for an employee who has an undeclared disability to declare it if it’s relevant to the time off. If not then the answer is no and you move on.

Exactly this. Unless OP’s absences are directly related to that disability, they are irrelevant to the protected characteristic conferred by it.

But that is not the case here?
Or are you arguing that the law for a totally different scenario exists?
Everyone knows that.
Employee A: calls 3 times with migraines, yes id be worried and asking can we help etc.
Employee B: calls 3 times, 3 different excuses. No i wouldnt be asking, i dont have to.
There is a HUGE difference.

I’ve experienced many tribunal judges who would beg to differ. No one is suggesting it should be the case for every single employee, but if an employee is given leave to sue for unfair dismissal and there is evidence that the employer should reasonably have suspected a health condition as the root cause of absence or performance issues, then moving straight to dismissal before considering any other option, would need to be explained

Every new job has a probation period. Strange you didn't get a contract. They are within their rights. 6 or 11 days still a lot in less than 3 months.

A company would know if lights were changed as there are all sorts of legals around HSE and electrical testing etc. Surely she must have asked permission to change the lights and explained why.

Agree but there's a lot of inconsistencies in this story, it would be interesting to hear the employer's view on actions taken...

I didn’t say it was the case here - in fact I’ve stated several times that it’s clearly not, because the OP’s absences were not related to her disability. But I do find it strange that the OP was allowed eleven days off sick on a probation period without anyone drawing it to her attention before they moved to fire her. No back to work interviews, or PIP procedures to give an opportunity to improve before dismissal is necessary ? No clear indication of what was expected of her during the probation period, or even a warning that she wasn’t meeting expectations.

I was thinking the exact same thing myself. And I had considered the HSE angle, because even without the disability protection afforded by the Equality Act, the employer would have had to comply with health and safety at work, so it’s odd if she didn’t report it.

Yep, and look at who she works for...!

Again, what is the point of giving someone the chance to “improve” their sickness absence levels?
The implication that it was all avoidable is clear, and that itself would probably have people screaming discrimination.
Op has had several months off in a previous position, and struggled to gain employment afterwards.
She knew 11 days in 12 weeks was too much.

Sorry to say I agree with a PP that the OP is looking g for a bit of compo

What a vile and baseless post, @TwistedWonder. Showing HR in an appalling light, surprising no one.

No, of course it’s not, as I said.

Really sorry you're in this position, OP, it sounds really stressful.

Regarding the absences - can you ask them to give you the dates they say you were absent and you can check them with your own records? Dispute them if you feel the need to, though if they are firm on dismissing you, it may not be worth the stress.

I do hope you are able to find another job soon. In the meantime, can you at least claim Universal Credit as you are out of work? Not much but it's something.

This is absolutely not true! We have employed someone who has been off for months due to a bereavement during probation. They have a lot more rights due to this than anyone else say the HR advisors. They are a vital role for our organisation and them not being functional is actually extremely hazardous for us financially right now.
They have come back to work but are not performing up to standard. It’s a bloody nightmare.

I feel for you OP. The world of work is not set up or welcoming for people with disabilities.
If it was, there’d have been ample opportunity for you to disclose your disability and accessibility requirements during the application process.
There would be some opportunity to record your sickness as disability related and support from your employer to find ways to manage new or existing disability related issues, especially if exacerbated by your new job.
it’s incredibly sad and can be isolating and scary putting yourself out there with people who don’t know or understand your situation.
definitely consider agency work for the interim and get onto UC and GP to see if you can be legitimately signed off for a period whilst you’re jobsearching and planning your next steps.
if you want to consider the legal route try a as as suggested and if you’re already claiming UC you can leave a message on your journal asking for an appointment with with the disability employment adviser from the DWP to discuss options and any support or advice they can offer.

look for ‘disability confident employers’ when jobsearching and as far as humanly possible heck out the flexibility of the employer prior to accepting any jobs, will they make reasonable adjustments and get everything in writing including your contract.

good luck with whatever happens next

I absolutely get everything that you have said, but surely, and personally I would declare once id started because of the reasons you'vestayed, its more difficult to prove they didnt fire you because you are disabled. In the Ops case, they said she was good at the job, it was the sickness element. Had she declared disability shed have a chance at unfair dismissal.

What rights do you have to take months off work after a bereavement?