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. I have worked for 30 years and I think I have taken about 10 days off sick in the whole time...

In the nhs if you work 3 days a week, eg (Tuesday /Wednesday/Thursday) - if you ring in sick on Tuesday but close your absence electronically on the following Monday and return on the Monday, they’ll count every day from Tuesday = 6 days, including the weekend and the Friday even though you don’t even work those days. I have the same problem in that if I’m off sick I try to close the absence asap otherwise it looks like I’ve had a lot more time off than I have had. Stupid system.

“They said I did a great job” - well, that’s PR now you’ve left. What they said behind the scenes quite another, e.g. work full of errors & slow taken to complete, inefficient. What they’re firing you for is time off. Unofficially, your work could have been sub-par. Since your illness didn’t seem legit, and your work full of errors, they made a judgement call.

Surely all jobs have a probationary period?You must have realized that,especially as there was no contract.It does seem odd that they say you had 11 days off.
Sure it is possible to prove this is incorrect. But 6 days off seems excessive.

Just a thought, you had three bouts of illness, two times migraine plus sickness. This is often frowned on more than one bout of illness. Plus you had the childcare so that was another absence. So that’s four lots of absences in a short space of time . Plus the unreliability of coming in late.

Ok, so you’re not going to make a claim. Good, as that would be a waste of time & money you don’t have. And you need to concentrate your efforts on finding a new job. An employer is meant to give you a written job contract before 3 months, but since you were fired at 2 months then they could say if you made it to 3 months, you would have been given that contract. A “written job contract” could be just an email with basic terms like “£13ph 40 hours a week, one week notice either side”. But since nobody has explained the world of work to you, you’re not meant to have any time off. Saying “there was a sickness bug going around” is not genuine sickness is it? Every single workplace that has open plan layout has someone coughing all year around. You can’t use someone else’s sickness to justify time off yourself. If you don’t give a stuff about work, then don’t expect your boss to give a stuff about you. Also, childcare issues is not sick leave. Perhaps a fully remote job might be better for you. Good luck.

You don't know why they fired you, could be they can't afford you, or they've had a rethink about the role. Or maybe he really was putting on a front when he seemed understanding, which seems v disingenuous and unfair, but plenty of managers are cowards. It must be a shock. But after just months, and you didn't disclose a disability I don't think there is anything you do. Im sorry it's a tough position to be in. Maybe time to get creative about what you can do to make money, skills and interests you have, could improve, could you do a course in something, what is there is a lot of work in. I don't know what the answer is, but id throw myself into figuring it out.

It's completely unrealistic to expect an employee never needs sick days - we're humans not machines!

Oh and the probation period is a bit of a red herring. The relevant law is that you can't claim unfair dismissal in the first 2 years of any job. So they can fire you for any reason they like except overt discrimination. But they would have to know you had a disability, which Is why disclosure is important. But yes in the employee manual you probably haven't seen will be some requirement you have not met, although as I said that may not be the real reason they fired you but its handy and easy.

I feel your pain OP, I've had Auras for years, but when I first got them it was quite frightening, mine were caused by doing stage lighting for a village show, so light is really a cause.

I too have a disability that means some days are a non starter for me - unfortunately the gov't thinks they need to get everyone disabled into work, problem is employers are not set up for it.

I went self employed and haven't looked back, if I need a day, or a week off, I just take it.

When calculating an employees annual wage it's pretty standard to allow 1 week sickness (and resulting need for cover) per annum into the calculations.

I have 5 employees and I've factored in 5 days for each with full expectation they will have the odd sick day.

I'm going to suggest that unless you work for a fly-by-night type firm that if the MD or indeed the cleaner broke their leg and ended up laid off for a few weeks that, in fact, they wouldn't get sacked - as doing so would land the company in hot water, instead they would have got sick pay.

Sorry if this has already been said - Did the sick days also included weekends? (ie - what were the actual days of absence?) If there is no break in sickness, (eg maybe started on a Monday, ended on following week Friday etc?, If so, then weekends will be included as sick days).
Unfortunately with such a short time of employment there isn't much you can do - its hard, but please just move on, take advice about your illness from your GP and wishing you better luck with your next employer xx
Claim UC straight away (easy online application, & declare any illness on the application) in the meantime to ensure that your NI contributions are kept up to date. Also when claiming UC, maybe ask to see the DEA at the jobcentre (Disability Advisor), when at your first ID appointment - probably won't be the same day though. They have knowledge about Disability 'friendly' employers, also Access to Work' for people with ongoing health issues).
Ask GP for Fit Notes if this is an ongoing illness, even if you are still looking for work. (Have you previously worked over the previous 2/3 years - if so, you may be entitled to NSESA, but fit notes will be required. Not the answer you hoped for, I know, good luck xx

That’s lucky that you’re healthy
what do they do for disabilities? I’m immunocompromised, I can’t help getting sick

I’m sorry but you and @Nicewoman(who has blatantly gone in when ill and passed it on to others because she hasn’t got the balls to say she’s sick) are with shit employers. If you literally can’t take time off when you are unwell then they aren’t great and it isn’t amazing that you’ve not had time off in x amount of years. In fact it’s fucking vile and you are the reason why those who literally can’t move have to drag themselves in because omg if x y z can come in with a sniffle then you can come in when literally dying.

So no it isn’t fab that in 30 years you've had less than 10 days sick. That shows that you are far too scared to be ill which is sad and actually means those who are immunocompromised or have relatives who are, are putting them at risk for your own ego.

Actually grow up and have the time you need. If your employer sacks you then they aren’t great no matter how deluded and in denial you are. If you are ill then you are ill, if you can work then you aren’t. But I can guarantee you’ve been barely functional and dragged yourself in purely because you are too scared to call in and that is fucking sad and doesn’t help anyone.

Some people don’t take the mick, I.e even if they are knackered and not feeling 100% still get up and get to work even if it’s cold, dark & raining outside, or transport strikes. If they have a cold, take Lemsip & go to bed early. Have a cough? Take cough syrup & get to work. Or take care of their health in the first place, like not meeting friends socially who are sneezing all over you, not wear flimsy clothes sitting in -5 degrees winter pub garden for 5 hours then seem surprised they caught a cold. Staff who go clubbing & have 2 hours sleep then call in sick the next day. You get the picture with staff who take the piss and blame others for misfortune entirely of their own making, or deliberately concoct lies/deceit then play the innocent, look for sympathy where none is deserved.

But there’s a difference between breaking your leg, needing hospital admission etc which is legit and unfortunate and proveable, and throwing a sicky on a Friday because you feel like it or a Monday because you can’t be bothered.

I refer you to my previous posts as whatever scenarios you pose, I will not change my mind regarding the OP, even if I have personal sympathy for their situation. Within a few weeks of starting a new job, the OP was off work for various different reasons for 6 days at least plus a disputed 5 more.

A new employee with no history of being a good, conscientious worker - having this amount of time off in such a short period of time has proven to be too unreliable to continue with the employment. See the Bradford Scale. Whether it is 6 or 11 days, the number of absence occurrence would raise concerns about welfare even for a long-standing employee - for a person with less than 3 months on the job, I would release them to find something more suited to their abilities and circumstances.

Their opinion may be I am a sh1t employer, but I have a duty to protect my existing workforce and the business. Given all the added information only coming to light after the fact, which was not disclosed at time of interview, my opinion would be that I had dodged a bullet. Hard, but true.

Have I missed something? I cannot see where you say you have been in work continuously, changed your job and was fired after two months.

What work did you do before you were dismissed? How was your timekeeping? Did you have references from your previous job?

If you have worked for years, had little time off, and good references, then they should have given you warnings, even though it is the probation period.

Did they hear the PM saying they cannot safeguard jobs?

Agree 100% although the lack of contract etc is a very poor show by the employer!

From what the OP said about the lights being sorted out after her migraines, then one could assume her employer did intervene at that point.

Hi OP, I haven't read the whole thread so apologies if you have already received this advice.
A contract / statement of employment should be issued on or before day one of employment, as well as access to company policies (usually in the form of an employee handbook) If you have not received these you can make a financial claim against the company.
Likewise, disability is a protected characteristic from day one. If you believe that your disability has any part in your dismissal you can explore making a financial claim against the company.
Ask them for a log of the dates that you were absent so you can understand the discrepancy.
Definitely seek advice from ACAS.
You do not want to work for a company that isn't meeting their day one employment obligations. Your absence was high and you probably wouldn't have passed the probation period due to this (unless the absences were due to a protected characteristic). BHowever, yoh have not been made aware of the probation period or other terms of your employment, so the employers have failed in their legal duty.
EDIT: I've started reading more of the thread and can see that OP didn't declare their disability. There are no grounds for unlawful dismissal. Sadly, OP it does sound like you have gone out of your way to impress your employers. You could still seek advice re: claiming due to lack of contract but I would only do this if you absolutely have to financially.

Whether or not you have a contract is probably irrelevant.
it is likely any contract would reference a probation period.
unless you have a protected characteristic there is nothing you can do.
with the increasing costs of employing people employers are acting much quicker on sick rates.

Now I’ve read all the posts on this topic, I now realise the OP is gaming the system. From her last job of taking months off on sick pay and getting fired for it. Now this job where it’s a multitude of excuses of pulling sickies that’s nothing to do with her disability. She clearly understands the consequences of taking too much sick = getting fired, but yet carries on regardless. Then there is a supposed issue of coming in late. Seems like the employer did make accommodations for her disability once told. Then there’s the small matter that she said the boss said her work was good. I think we both know that’s a lie. I’ve met a lot of people like her who are bone idle, lazy, and it’s any excuse not to work, avoid work etc. But whenever they recant the story to others, it’s always “shitty employer” “bad work colleagues” etc. I’d love to know the bosses side of the story. Recollections may vary. I guess the next job she will just squirt oil on the floor and claim she slipped up and sue the employer. Until the bosses show secret film footage of doing so to get a big payout.

I don’t think the op is deliberately gaming the system, from what i can see she works as they need the money, and doesn’t really want to, her interests lay elsewhere, so she has signficant absences, which lead to dismissal. I’m afraid I’d assume the employer is right, it was 11 days off, she just lost track of how often she doesn’t turn up., because fundamentally she has no desire to go snd actually do the job.

You failed your probation due to high sickness. I have been with the same company for 20 years, and i would be on a warning if i had 3 separate absences in a year, followed by disciplinary, then dismissal .
i do find it odd, that you didn't have a contract sent to you.
I would go to citizens advice.