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’ve only read op’s posts, but what stands out to me is that you took time off for sickness (headache and sickness bug) plus time off for looking after child.

Is that where the confusion lies - six days sickness and five days parental duties? Did you get paid when you were looking after your child? If so, did you request this time off as ‘sick’ rather than ‘parental responsibility’ which is unpaid.

You could ask them for a list of the dates you were absent from work if you are disputing thexamount of days.However if I were you ! Cut your loses ,and ask for a reference stating that they were happy with your work at very least. That way you can look around you for another job. Next time full disclosure on any health issues might be the way to go.
It's a huge 'red flag ' for your bosses if someone has even 6 days off in such a short time. I was a manager for years and it was a nightmare if a bad timekeeper/attender came into the mix. Their work had to be redirected or a temp paid. It caused resentment within the team if it became a habit and it was of course much harder to sack them if they were allowed to persist for a longer time. Its been a learning curve . Get yourself properly well then try again! Good luck!

Can you prove that you only had 6 days of. I mean, can you prove that you were working every other day. I mean by showing your computer info for example. Were the sick days you took covered by a doctor's note?

Not declaring your disability was probably a mistake but l understand why you didn’t . But 6 days off in 3 months would lead to a fail in any probation period in any job . A probation period is to allow the employer to judge how your time in with them is likely to be…sickness / lateness would inevitably mean they don’t want to keep you on. It is odd that you didn’t have a contract, but I think you should’ve assumed that - as with all jobs - there would be at least a three month probation period where you had to prove yourself. I doubt you have any rights here. Maybe get some advice from a disabilities organisation about what you would like to declare next time. Big companies need to meet a criteria for disabled staff so it wouldn’t necessarily exclude you from working somewhere else. Good luck in your next role.

I think you are now arguing for arguing’s sake and simply making up ‘what if’ scenarios that have nothing to do with the situation posed by the OP. My opinion regarding the ex-employee’s unreliability is based on the facts as presented in the OP.

Funnily enough, DS started a new job in July and I was surprised to discover there is no probation period.

I suspect the 11 days is correct - some for sickness and some for childcare.

Personally, only hospital admission would stop me working in a new job. I’d rather drag myself in with the plague and make them send me home than call in sick so early in the role.

11 days is a shocking amount of time off in less than 3 months.

I feel bad for OP especially at this time of year but I don’t blame her employer at all. I would have done the same. Too unreliable and would be concerned as to what would happen once OP had bedded in.

Honestly I didn’t know this. I had to take a couple days of sick leave and compassionate leave during my probation period (many years ago) and never thought my job was at stake.

Some people are more sickly than others. Some people 'give in' to sickness more than others. Some people are happy to use sickness as an excuse to take days off.

Whichever you are, I think you can understand that even 6 days per quarter is a lot of downtime for an employer to consider taking on. Almost an extra 3 weeks off a year; that's one person's holiday allowance!

What’s your solution? People come in with D&V, spread it around the office (and the train on their commute) and then go home, making more people ill?

Perhaps OP should have brought her son into the office with her when he was unwell?

I don’t think sickness will necessarily cause you to fail your probation. Maybe it was a combination of six days holiday (plus five days childcare?) plus being late into work.

I would think so.

Haven't read the full thread, only OPs posts. If you've only been off for 6 days instead of 11,you should be able to prove it by door entry records, PC login records. But tbh, even with your previous employment you seem to be blaming the employer ("toxic management") You seem to be playing victim. You don't seem to take any responsibility for the breakdown in your employment. Your previous employment ended due to toxic management, your current one you got fired. If you do not stop and look at what you might be doing wrong then you are likely to have a long series of short stints in employment. Re. your most recent employment, you probably don't meet their business needs. If your employer needs someone who is reliable and does their contacted hours then you do not sound like that person, sorry. I also wouldn't fight to be in a place that I am not wanted. Good luck in your next role.

I think the practicalities of people with disabilities trying to get into a job market is a fucking nightmare. If you declare your disability you face people thinking you're not up to the job and don't declare it you don't get reasonable adjustments and you can't back track. I think I'd have one attempt at explaining your full difficulties in detail and make a last ditch attempt at changing minds. It sucks OP I'm sorry.

Government telling people with disabilities to work.

People with disabilities try to find work.

Employers: Fuck this, we will nto give you any adjustements, we want abled bodied and minded people only, Ciao!

I am shocked to hear that people don’t pass probation because they took sick leave. I would never dismiss someone for this reason. What if someone just happens to be sick during their first 6 months with a new employer? That doesn’t necessarily mean that they’d continue that trend. I also have empathy for a single parent with a sick child and who has nobody else who can babysit when the school doesn’t accept the child because they’re sick.

I have someone at work in this situation. She frequently asks for time off or asks to change her working days/ hours because of childcare issues. I always agree because she makes up her time on other days and she is always willing to pick up extra tasks, etc. It’s a 2 way street. At the same time, I have a staff member who is always rushing to leave work 10 mins early when we are quiet, but never offers to leave 10 mins late when we a busy. If I was to choose between the 2, I would choose the first.

OP, even though you have childcare issues and perhaps are more prone to sickness, if you work hard and are conscientious I’m sure you’ll find an employer who will see that.

I’m an employer. I hate employing people for reasons you’ve described.

@cooksbrandedclockHow am I making up scenarios, it’s exactly the OP’s situation - one of the absences was for a sickness bug. So if she had come in for the sake of being reliable ( in your eyes) she’d have been in and out of the loo with D&V and also infected everyone.
The other absences were for migraines, which are also debilitating especially if working at a screen, so pretty pointless to come in.
Then the child being ill - she could hardly leave a child alone at home and not everyone has someone to step in and help.
6 days of absence for genuine reasons like these doesn’t make someone unreliable if they’re productive and a good worker the rest of the time.

Well said, l totally agree with you .

True, but op also said she was (often?) late due to her undisclosed disability. So maybe that contributed also.

That was your big mistake although I expect that, if you had declared your disability, you probably wouldn't have got the job in the first place.

If you don't 'think' you've had as many days off as 11 that means you've basically lost track which means it probably is 11 and that's totally unreasonable in such a short space of time. Dont mean to be hurtfull but you sound like you are ripping the pish and more than likely deserved to be given the elbow. Sorry to be so blunt but there are folk desperate for jobs and vacancies seem to get filled with people who can talk the talk until they get the job then everyone else has to carry their arses while they take a sickie at every opportunity.

You CAN take sick leave of course, but if you start a pattern of looking as if the job is of secondary importance, your employer will treat you as if YOU are of secondary importance. I was taught: never slag off your last employer (because they will think you will be slagging them off next) and pretend you like your new company even if you hate them. Play the long game and keep your cards close. I loathed all my jobs but learned to skive with skill.

You would have got fired in my place, probation period or not. What you have to understand is you’re not meant to have ANY sick days off. I’ve been working 30 years and haven’t taken a single day sick. Also, 3 sick days in 3 months & you’re fired in my workplace. End of. Whoever you are in hierarchy, head honcho or office cleaner. No messing around.

It's a shame but really, 6 or 11 days is ridiculous amount. i would not hire you either.