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.

As an employee you should chase up about things like contracts or read the company policies. Maybe one is signed after probation. 6vs11 - 6 is still a lot. Assume you had days off sick. Most jobs have probation periods.

I guess I’m being pedantic but you did say it’s literally impossible. The same is often said about teachers and I think there are usually two issues about both jobs; difficulty in recruitment, poor management.

I probably used ' literally ' in a hyperbolic sense. You would (PROBABLY) get sacked from NHS for somethings, ie abuse, fraud etc, or found not fit to practice. What I suppose I really mean is that the NHS seems to have no power of sanction when an employee decides to ' play the game ' by not coming to work on a regular basis. I don't know much about being employed in education but the NHS definitely has the same problem you identified ie recruitment and retention and poor management.

6 days off in about 12 weeks is a lot.

Unless you agreed some reasonable adjustments with them before you started around sick leave but that would only be in relation to any existing conditions.

Migraines are awful but 3 days for each does seem excessive?

I’ve let people go during probation for not much more.

Jot it up as experience and discuss your needs with the employer before accepting a job next time. Also if something new crops up be honest with your employer and fully explain the situation to them. It sounds to me like you maybe didn’t have full conversations with them about the migraines? If you had to source your own lighting that sounds like there was no occupational health involved? Or did you do that off your own back?

No I wouldn't inflict D&V, but some people (sorry to say, often quite melodramatic) always seem to get colds that are 10x worse than the average person, and really want you to know about it.

If I get a whiff of fever, sore throat or aches, I take a couple of cold & flu tablets, have an early night, and it's invariably a non-starter. If my cold developed into one that made me a major germ spreader - kind of sneezing / permanent runny nose, then I would stay off for a day of bed rest; I wouldn't go in.

If you didn't declare your disability you didn't give them opportunity to make reasonable adjustments. It's your responsibility to make sure they know about your disability at interview stage. It makes no difference whether 6 or 11 days because both are too many in a little over 2 months. Most people wouldn't have this level of sickness in a 12 month period. As you have worked for them for under 2 years they can fire you for any reason or no reason at all perfectly legally. You need to sort out your health before starting another job or the same could happen. I thought all jobs were 3 or even 6 months probation with contract being issued once you passed probation period.

Dontou come under the disability act? this is under the equality act 2010. You can not be discriminated against if you do regardless that it is in probationary period. Contact ACAS. Good luck companies should not be allowed to treat people like this

This isn’t true

You’re lucky colds don’t tend to affect you too badly. Can you just imagine for a moment that other people might not be so lucky? That some people are immunocompromised, and some have neurodivergences which mean that they struggle, really and genuinely struggle, far more than you do with being ill. Also, cold and flu tablets only treat the symptoms, they don’t treat the illness. It’s great if they make it possible for you to sleep and feel well enough to work, but they aren’t some magic cure that will get rid of a cold, let alone flu.

I agree with the majority here that the OP took too much time off for too many different reasons too early in her employment and that the employer was within their rights to let her go. But really, there is some appalling shite being spouted on here about how it’s the responsibility of a good employee never to take a single day sick. Life isn’t like that.

Maybe I am old fashioned, but turning up to work is your contracted duty not an option

There's nothing old fashioned about the simple truth, @Wiseplumant, and happily there are still countless people around who feel just like you, turn up and do a decent job

Unfortunately those who don't are very often attracted to public service roles, knowing management's likely to be sclerotic and accountability lacking and that they can coast along on someone else's dime

It's harsh, but I wouldn't want someone as 'unlucky' as you as a member of my team.

These things always follow a pattern, there will be more time off for you and your son, other members of the team won't be able to rely on you, and as a manager I'd never know how genuine you were being when phoning in sick, just that 6 days in 2 months turns into 3 weeks in less than 6 months , turns into being signed off with stress etc etc.

If I get a vibe in a probation period ( never heard of a work place that doesn't have one) that a member of staff is going to unreliable, then it's goodbye and good luck.

Where exactly was op discriminated against?

It’s illegal to discriminate against anybody, not just disabled people, but dismissing someone for not being able to show up and do the job is not discrimination.
Being disabled does not give you a free pass.

Once more for the hard of understanding, l was responding to a specific poster making a general comment on some employers having a zero tolerance policy for sickness, not suggesting it was in any way connected to OP’s situation.

Confused. Have u had 6 or 11 days off? You say your disability makes it difficult to attend work but you tried your best. What does that mean, can u provide more info?
I'm an hr manager (my username is just a laugh!!), I'll let you know if its above board but need all information. Truthfully.
Ps, no mention of probation in offer letter??

If u are a HR officer, like what u say, u shld kno that no mention of probation period makes no diff under 24 mnths

Hr manager, actually.
Yes no claim for unfair dismissal for under 2 Yr service but I have a feeling info is being left out here and we aren't being told full story.

U shld kno ?
is it that hard to type" You should know'?

Also u can claim under 2 years if treated unfavourably due to protected characteristic.
I want to know full info before saying yes or no. My gut is this person was told in some way and wasn't unfairly dismissed. Just because someone is disabled doesn't mean they can have all the sick days they want. "I do my best to get to work?" Sorry but no, not good enough.

I'm not sure this thread is crying out for an illiterate, unfunny fake HR manager if I'm being honest..

Time = money.. maybe 😂😂

Fake HR manager?
Strange, strange comment.
Not fake, actually.
I have better things to do than pretending to be an HR manager on mumsnet 😂😂

If you’re an HR manager I’m the Duchess of Kent !!

Also unfunny?? I wasn't aware I was trying to be funny..
I need to ask.. puts HR Hat on, is everything okay??

I don't understand why people are saying I am pretending to be an HR manager.
Yes my grammar and sentence structure isn't great but I'm typing on my smartphone and doing other things?

Everyone quiet now?
Okay, OP, not saying you're lying but I get the feeling you're not giving all info. From your post, sounds like they have breached policy due to not communicating probation period. However,you can't bring to a tribunal due to under 24months service. Proving you were treated unfairly due to disability can be difficult to prove but not impossible.
There's more I'd need to know to give an infinite answer but from your post, you were not dismissed unfairly. Message me privately if you want to discuss in more detail.

For any negative comments.. Im now walking my dog and its bloody freezing. Typos will be present and structure will be poor.