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.

Can you speak to HR and ask them where they got 11 days from.

To all those arguing disabled rights to the enth degree, I'm not sure you are actually doing disabled workers any favours to any potential employers that might read this thread

There's no such thing as emergency parental leave.

Indeed.
Did you claim it as a sick day and get paid for it, op?
It should have been taken from annual leave.

You can take time of for dependents though.

The company don't pay sick pay!

You don't go to work, you don't get paid.

I called in and explained I wouldn't be in as my son was ill. So I didn't take it as sick or annual leave. I just called in and explained.

How many Monday or Fridays?

Based on that, you have a Bradford Factor of 96 in under 3 months. That is pretty high, so you were let go due to unreliability alone.

But that is still absence, paid or not. You were employed to do a specific role and didn’t at very short notice. Did you offer to make up the hours? Dependants’ leave is to arrange alternative childcare, not necessarily cover it yourself. You seem to think not turning up is acceptable.

Did your colleagues all take time off for the viral illness, OP?

As a side-note OP, your former employer may not pay contractual sick pay, but like all UK employers they are required to pay statutory sick pay (SSP) after four consecutive days of absence (including non-working days e.g. weekends) - obviously you never met this threshold as your absences were single days.

So, five episodes of unplanned absence in three months for five different reasons, all unrelated to disability.

I don't blame them for sacking you. They have shown an incredible level of patience by tolerating your poor attendance record for three months.

No employer would have given you a permanent contract with that kind of record and no disability would have got you off the hook.

If you manage to get another job, make sure you treat it as your number one priority on working days. That way, you might keep it.

You do seem to have the idea that because you’re only paid when you work, working is optional.
It doesn’t work like that.

I agree that the absences were unrelated to disability and as such wouldn’t have saved OP’s job. But I’m afraid the statement ‘no disability would have got you off the hook’ is not correct.

Had OP’s absences all been disabilty related, she could have declared that disability at any point, including at the point of disciplinary action or threat of dismissal. That would have triggered the employers responsibility under the Equality Act 2010 and they would have had to make reasonable adjustment - the most likely outcome would have been an extension of the probation period and a clarification in writing as to what was expected of her during that time. That would have allowed the OP time to improve and meet the conditions.

The employer can, of course, sack the OP for any reason they want during the first two years. But in the event of a declared disability that meets the definition as such under the EA210, they would be leaving themselves open to an unfair dismissal case if they dismiss her for disability related reasons as this confers protected characteristics.

If you don’t declare iyour disability to your employer in the first 6 weeks of employment then the company cannot apply for funding to make reasonable adjustments for you, which they are obliged to do if you tell them.
I’m sorry this has happened to you, but I’d chalk it up to a learning experience and you know what to ask for and to provide in return next time. If you are actively seeking then make a list of all disability confident employers there are in your area. There are some good government schemes to get people back into work who have been unemployed due to certain circumstances or conditions so seek help from your local job centre about this and you may find a position that helps you develop your skills in a more adaptive environment. Good luck.

This is not true. Providing the disability meets the definition under the Equality Act 2010 and the absence or other issue is directly or indirectly related to that disability, an employee can declare a disabilty at any time, including where disciplinary action has been initiated and also when threatened with dismissal. Once declared it triggers the employers responsibility under the EA2010 and reasonable adjustment should be sought before dismissal is considered. An application for reasonable adjustment funding can be made at any point after declaration, but is not always necessary if a solution can be found.

The OP’s absences appear not to be all disability related so I don’t think she qualifies under the EA2010 rules, but in general there is no time limit to declaration of disability. It’s entirely the decision of the disabled employee whether or not and when to declare.

I worded it wrong, I meant for employers to make reasonable adjustments with funding from the government. Of course someone can declare their needs at any time.

It would seem to be common sense that if you expect adjustments to be made for your disability, actually making the company aware of said disability is a prerequisite?
I don’t get the declaring it any time you please thing?

There is no compulsion for disabled people to declare their disability at all. But as you say if thy want reasonable adjustments at any point they have to do so. The condition has to meet the definition of disability under the Equality Act 2010.

Some disabled people don’t declare a disability at the start of their employment but may do so if their condition worsens, they find they can’t cope as well as they thought, or if the job description changes beyond their capability. Some won’t declare a disability until after they have secured the job because they worry they won’t be considered if they do this in the initial stages of recruitment.

As a poster upthread stated if government funding via the Access to Work scheme is required, they need to declare within six weeks to qualify for 100% funding, but they can still apply after this time period - however the employer would need to make a contribution. It makes sense to declare and apply as soon as possible before costs are incurred because funding is only available from the date of application, but again this is down to the disabled person themselves.

Yep, sorry l meant to clarify. The six week rule is to allow the employer to receive 100% funding if needed for reasonable adjustment, via the Access to Work scheme. If they apply after this time frame they usually have to make a contribution, so it makes sense for the disabled person to declare the disability before costs are incurred, because funding is only provided from the date of application.

one week's notice is unusual though surely?

Not during probation, I don’t think.

Did you take annual leave during the period OP that would account for the 5 other days? Although you're entitled to leave, they were perhaps viewing it alongside the other absences and considering how many days or full weeks you actually worked over the 12 weeks.

One week's notice is standard during probation. It's rare not to have a probationary period, even if you didn't know the details.

Any new starter taking sick days when they are new in the role is a red flag for me and indicative of a potentially poor attitude to work.

i would have thought it would be immediate, not allowed to work for a further week

There must be grounds for them saying 11 days, otherwise why aren’t you proving to them it is only six? They might not think six is worthy of dismissal.

Your mentality @Amiunemployable is what worries me a lot more than the facts of this issue.