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.

Did you ask for a contract before starting? Seems odd they didn’t send one to you but regardless probation period are very standard usually between 1-3 months

I have to wonder why you didn't declare your disability? They can't implement proper support if they didn't know about it.

What action did you take though?Didnt you ask about a contract, probation period etc. That’s fairly basic stuff

OP, I'm sorry you got fired. Some of the responses are unnecessarily harsh, especially as you went to work despite having a disability. I really hope you will get paid for all the days you worked.

If you declared a disability to your employer and it’s covered by the Equality Act 2010 definition of disability, then your employer was obliged to offer reasonable adjustment to suit your disability. Quite how this would work if your migraines are not connected to the declared disability I’m not sure of. But one thing I do know is that disability is a protected characteristic under the Act and you have employment rights, including the option to sue for unfair dismissal, from day one. You really do need to get professional advice here - I would suggest you contact ACAS and explain the whole situation to them and they can advise accordingly.

Sounds like counted the weekend or days you don't work in that 6 days.

So if ill on the Friday till and didn't go back for over a week until the Tuesday.

That would be only 7 days off work. But including the weekend sit would be 11 days in total.

If it's six that's still near enough a sick day every two weeks. That's a lot and who can cover your work at such short notice? If nobody it just doesn't get done and if someone can then they're neglecting their own workload.

I know that's not your problem but they clearly think they can't viably afford to have someone who's going to be off that frequently.

If they are aware of your disabilities, did you ask for reasonable adjustments? If you feel like it could be discrimination you could take it further but it could be better to focus your energies on getting a more flexible job.

Sorry to hear this
To be honest in a probationary period you have very little you can do
Maybe however for future roles get this migraine thing mapped in your record

She didn't declare it therefore I don't think the company has any obligations to make reasonable adjustments.

I don't think you've got any comeback.

You didn't declare your disability.

And it's only been a few months since you started.

They can pretty much use any excuse at this point. It doesn't matter if you hadn't taken any time off at all.

If you didn’t declare your disability I don’t think you have a leg to stand on sorry OP, I would throw myself into looking elsewhere and let them know what adjustments you might need when you join.

Speak to ACAS. There may be unfair dismissal around protected characteristics.

OP you are not entitled to protection for disability under the Equality Act 2010 unless you have declared your disability to your employer. That said, if your disability is something that your employer could reasonably have suspected and has not acted on, you may have a case. Contact ACAS, they can advise.

This is your problem you didn't declare your disability. If you had before you started and your days off where mostly due to your disability you may have had some protection.

I have always declared mine or I know it won't be covered.

TBH they don't sound like a great place to work for anyway if they can't sort out your contract and inform you of their probation period. Which virtually all jobs have so I'm surprised you didn't expect one.

Look, i don't even know what I want here, but I've just lost my job right before Christmas. We're in a cost of living crisis, I've got a disability and a seven year old to support, and the job market is dire at the moment.

Hence my username - it took me months to get this job!

Some of my time off was due to the aura migraines caused by my office lights. Totally new for me.

Some other time was due to my son being poorly and having to look after him.

Another was a sickness bug.

All totally unfortunate but happened in quick succession.

Speak to ACAS first thing tomorrow. Do not rely on advice here. You had a contract if they paid you, just not a visible one, so the contract isn't the issue.

Did you mention your disability to HR or your manager? You don't have to officially declare it but you might be able to prove that they were aware of it (a conversation about the lighting, perhaps?).

If the disability is something that the employer could reasonably have suspected then there may be some protection available. There are rules around sick leave on probation periods and although employers are not allowed to ask directly about disability, they are allowed to voice suspicions that something may not be as it seems. ACAS is the best source of advice as it can be complicated.

No, not every job has a probation period
OP needs legal advice as previously advised

This is broadly correct, except that OP's said she didn't declare the disability and employers can hardly make adjustments for something they know nothing about

In many ways OP might do better to concentrate on getting another job rather than hope for something that's unlikely to happen

I don't think anyone is unsympathetic towards you OP, they are giving honest advice. It's shit, and I'm really sorry, but truthfully there probably isn't anything you can do here. You could contact ACAS to ask, but you need to decide how much time to invest in this and what you want. It may be better to focus your efforts on moving forward and looking for something else more suited to you.
Very best of luck to you, I really hope you find something soon.

Probation period is a red herring, as is lack of a formal contract as presumably you had a written offer. There are no specific protections or otherwise associated with probation although notice period may be shorter. You can ask how they have counted your absence, are there days you went home sick early perhaps? 6 over 12 weeks is still going to trigger absence policy though, did you have return to work reviews, follow the absence reporting process correctly, self certify etc? The reason to try to correct an error, if there was one, is for an accurate reference, not contest the decision.

were they odd days or over 2 periods ?

Even if you had declared a disability, how would that matter if you took time off for your ill child, or a sickness bug which have nothing to do with your disability.

Sounds like 3 separate periods.

You didn't declare any disability, so you can't rely upon that as a getout. You've had multiple absences taking you out for at least 10% of your hours already.

Much as it sucks, the employer was right to terminate employment now.

ETA: they could have just as easily terminated your employment next week, Christmas, next April or whenever they wanted - and it could have just as easily been because they didn't like your laugh, the colour of your shoes or because there was an R in the month or they hadn't got enough chairs for a meeting.