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.

I think it’s a slightly passive-aggressive ‘you did query this at the first possible opportunity, didn’t you’ dig from that poster. So many rather unpleasant know-it-all posters on this thread.

Thanks to everyone who has sent kind messages. They're much appreciated.

Just to clarify a few things, I came down with my first migraine whilst at work. It was scary as I had never had something like that happen before. After the third instance, I arrange a doctors appointment. My manager knew about all of this. I explained to my GP that I'd recently started a new job and wondered whether the lights could have caused it. She thought very much so. I told my boss. He didn't do anything, so I took in a table lamp from home. Kept the overhead lights off and just used my lamp. (I had my own office, so it didn't affect anyone else). Haven't had a migraine since.

When my child was sick, I called in and let my boss know I wouldn't be in as my son was sick. He asked me the following day if my son was better.

The sickness bug, couldn't do anything about that. Just one of those things.

In fact for every absence my boss seemed understanding as he had recently been dealing with health problems of his own and is also a parent of young children. So, always seemed understanding. Never mentioned any issues until today when he dismissed me for it.

Yes, I see this a lot on MN.

What sort of lights are they, op? The usual office fluorescent ones?
Have you never worked anywhere with similar before?
Odd that your gp could be so certain they were the cause.

I understand employers don’t want people off sick but I think it’s sometimes just bad luck. I mean do you want people turning up who struggle to function because they’re so ill?

Oh, and for more clarity.

My partner does do his fair share. He was made redundant recently, so he is also in a relatively new job. He earns far more than me, so arguably more important to keep his job, but he has also had time off with our son.

In a previous role, as a PP pointed out, after advanced searching me, I did have to have a few months off. I was working as a TA and loved it but sadly had very toxic management, which led to stress and burn out. Was also related to my disability. Was in regular contact with GP. Occupational health, management meetings, etc. All aware of my disability.

Took me months to recover. And when I finally quit, took me months more to find a new job.

When you have been at a job less than 2 years you can pretty much be let go for any reason. We employed a great temp who had lots of days sick. At the end of initial period we had more work for her but next day called in sick again. So my boss didnt extend the contract temp got angry and said if she knew contract would be ended she would have come in. Totally bizarre. In a new job you really want to make a good impression and minimise absence

6 days is still very high for a role you started in September.

She wasn't certain. I said she thought it LIKELY they COULD be the cause. That combined with going from a non-screen based role to screen based. (Haven't done a screen based role in five years)

But as I said, once I switched to a desk lamp rather than the overhead lights, my migraines stopped. Could be a coincidence. Couldn't say for sure. But personally suspect, as does my GP, that the lights and screen were the issue.

As other posters have pointed out if you say 6 and they say Friday then all your sick days were mondays or Fridays and they've counted the weekends. Frequent Mon/Fri off are red flags and an absolute nightmare for small businesses. What were you hoping to get from this thread?

Probation is fairly irrelevant, you can be let go for any reason they wish up to 2 years, as long as not discrimination.

I've been in my job for 14 years. 3 sick days, one of which I went in and was sent home. Also have young kids who need cover when they're unwell - use annual leave or work additional hours to cover. Sorry this is stressful for you OP, but if you have a job, you need to show up, and you're not doing that, so not surprised that you've been let go. And the lack of contract, well if you didn't have a contract, why would you think you had a permanent job?

If you needed the job, why did you take so much sickness? I know nothing about employment law but even I know enough not to take the piss until you are well established.

@Amiunemployable, I have sent you a PM.

I don’t know if the OP falls into this category or not but I do think there are some people who will never have their shit together enough to hold down a job.

It can be both 🤦‍♀️ why be unkind?

To be fair the op did say in her op her disability makes it difficult to go to work sometimes, and then said it was just migraines and sickness bug for her kid, and said it twice,

doesn’t really matter if she was off eleven days or 6, the employer feeels she’s unreliable and has terminated, so she really just needs to focus on finding another job, lots of seasonal work going around right now. So maybe able to get something.

@TheQuirkyMakerBecause she was ill? OP has already explained the reasons and none of them sound like taking the piss. 6 days is really not that much if there are genuine reasons, I don’t get all these responses. What was she meant to do, come in with a sickness bug or migraine and struggle to function/vomit everywhere?
Honestly this thread demonstrates why workplaces are so toxic, no wonder people prefer to stay on benefits than work (not saying the OP is doing that, just talking in general), you try your best and then are let go for being ill 🤷‍♀️

6 days off since the 1st of September is bad, and 11 is quite simply atrocious. No wonder they sacked you, and I'm not sure what you're expecting us to say.

What was the reason you didn't disclose your disability?
If your disability was going to cause you issues with getting to work sometimes, why wouldn't you disclose your disability to allow your employer to put some support in place for you?

11 days off in 12 weeks is ridiculous by any measure.
She was effectively working a four day week for the entirety of her employment.

That's ridiculous. Flu alone can easily wipe someone out for 3 days.

So some of your sick time wasn't even sick time (did you take it as sick, or did you ask for emergency/dependents leave?)? And none of it was related to your disability.

Also don't see how the time you have noted here could be six days? Maybe not eleven but more than six.

Either way, you're not going to get anywhere with a claim. You have no right to bring an unfair dismissal claim. Claim for lack of contract can only be brought as a "piggy back claim", that is alongside another claim.

Your best bet is to ensure they will give you a basic reference, tell new employers that the job wasn't as you expected and you're looking for something more suitable. Put all your energy into a new role.

Noone ever sounds like they are "taking the piss", anyone can say they've got a migraine or dodgy tummy.

Employers are allowed to dismiss for absence. Not for illness, for absence. And if someone is that unreliable early on, well, it's not a great start is it.

Also, op said her disability meant she sometimes couldn't get to work. But she never told them about her disability. And none of the reasons she has listed for her absence appears to relate to that. So, she sounds pretty dishonest actually. And I suspect they knew that.

I’ve not read the whole thread, but… once an employer has offered a job and an employee has accepted it, there is a legal contract even if there is nothing in writing. There would have been some discussion about a start date, where you were working and what you were doing. It’s not great practice to rely on a verbal contract as enforcing it becomes difficult. So in essence you have accepted a contract as you have attended the workplace to undertake a specific role. You should have raised a written contract before you started or at some point in the first few days if this was a concern - I assume you were paid as agreed?

what you should have received before starting is a written statement of employment particulars (this is not a contract), which sets out various things including terms relati to sick pay. Within 2 months of starting additional information should be provided including pensions and t&c’s. If you did not receive this you could bring a claim in an employment tribunal and have a limited period of time to do this. A call to ACAS could be the approach here for early conciliation, however I’m not sure if you can claim compensation on this ground alone. Worth talking to ACAS.

The probation period is a bit of a red herring as in employment law, even with a probation period an employer can dismiss on any grounds (except for a protected characteristic) within the first 2 years (although this will reduce to 6 months soon).

You havent declared your disability so it makes it challenging for an employer to put in place reasonable adjustments. But I believe an employer is required to take all reasonable efforts (can’t remember the wording) to put in reasonable adjustments even if a disability isn’t declared.

your sickness, even if 6 days is significant in just under 3 months. You cannot include childcare in that if your son was sick - that is what leave or carers leave (generally unpaid) is for. The migraines wouldn’t be considered a disability in this instance and had you had sickness for these alone it would be reasonable, and putting in place a remedy to stop them sensible.

did you join a union? To be fair, even if you were in a union the likelihood of legal taking on a case like this would be slim to none.

the only areas that could be looked at is if they have followed their own policies and procedures, but even these don’t top trump the 2 year rules.

its really unfortunate and I appreciate circumstances have been against you, but beyond the written statement I’m not sure there is anything you can do beyond learn and move on.