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.

Probation period or not - they’re well within their rights to sack the OP.

People saying this is complex, go get advice, feel free to carry on but all you’re doing is wasting OP’s time in this and getting their hopes up.

OP has no legal recourse - probation period, contract, days off - all irrelevant.

The only thing that would have helped the OP would have been if they’d declared their disability or another protected characteristic.

You can't take sick leave for someone else's illness OP

Or, for that matter, for the migraines which OP said were due to the lighting and new, and therefore maybe not linked to the disability either?

You should have had a written statement within 2 months of starting, but that doesn't help you anyway unfortunately, unless you can afford to taken them to a tribunal? But thats unlikely to get your job back.

Employment contracts: Written statement of employment particulars - GOV.UK share.google/LcoKWF1oHrK9VeOtg

If you had declared your disability then you might have been able to claim you were fired due to a protected characteristic. But even disability isn’t a free pass on time off. They probably have needed to show they tried reasonable adjustments before firing you though. Since you didn’t declare it, then unfortunately I don’t think you have any grounds.

I think people are being a little unkind to the OP, it is always a shock to find you are suddenly not wanted, even if the reason is justifiable. In your case OP it would not be unreasonable to have expected return to work interviews or informal chats with your manager after each absence, and for the manager to have made clear that further absences could result in dismissal. If that didn't happen then it may be that the company would not have been a great one to work for in the long run.

There's nothing you can do. You have took a huge amount of time off in a very short amount of time. They are well within their right to get rid of you as you are clearly unreliable. No employee would last in our workplace if they did what you did.

In your first post you said, 'I receive PIP for a disability that does unfortunately mean it's difficult for me sometimes to get to work. But I've done my best.' Now all of a sudden its a bug and your son. Which is it?

I believe you don’t have many rights as you’ve been there less than 2 weeks . You may have ‘ done your best ‘ but that doesn’t help your employer and colleagues .

I understand the time off is high. I've acknowledged that. I also understand that it's perfectly reasonable as grounds for dismissal.

Then kindly, what is your problem? You're clearly after a claim up through technicality even though you acknowledge dismissal after your performance is perfectly reasonable.

In your own words it was perfectly reasonable for you to be fired. So who cares how long your probation is/was? You'd have failed regardless, but you're seeking anything that might help you get a payout by not being presented with certain documents. Even though you'd have been fired just the same.

Have some pride. You aren't going to get a claim out of this, and maybe look for some WFH roles if you genuinely can't turn up for 11 days in the first 3 months.

I don't think you should waste your time trying to fight this. You'd be better off putting your energy into looking for another job. Best of luck.

Declaring a disability isn’t a blanket protection against being fired?!
At least two of the three sickness periods (and very possibly all three) were unrelated to any disability op may have.

Op you have no employment rights before 2 years and they can fire you for any reason as long as not discriminatory. As you didn’t declare a disability it would be difficult to prove they fired you as you’re disabled, it does feel like they terminated due to time off. I think as sad as it is, you need to accept this one, an tribunal will be complex and difficult to win, and they aren’t going to take you back

focus on finding some new employment.

You mean OP's been there fewer than two years.

Surely we are not babying staff so much that we are obliged to tell them that if they don't turn up, they won't keep their job? That's just common sense isn't it?

I suspect they may have more reasons that just sick absence days.
Sometimes the fit of employee to employee just isn’t quite right. This is what the probation period is for. It works both ways - you could walk out without notice and vice versa.

That's quite a lot of days off since September in a new job. Being off sick during probation should always be avoided where possible.

Was some of your sick over weekends? In some employers they count absence over a weekend as sick days even though they are non working days - so sick Friday and Monday would be four days, not two. (Is not as unfair as it sounds, it is taken into account in the wider policy), but if you were to ask how many sick days a person had, it may be higher than the number of work days missed die to sickness, if that makes sense.

Im a lawyer, but have only dipped a brief toe in employment law. Were your employers aware of your disabilities OP? I do know you have more protection with recognised disabilities. Not sure if this covers you in the probation period or within the 2 year time frame but, if your emloyers were aware, it may be worth a call to ACAS

Forget posting here as you’ll get all sorts of nonsense replies based on zero legal knowledge.

You need to speak to an employment lawyer as you have a disability and your employer may have acted unlawfully by sacking you without following the correct procedures.

I thought the two year rule had been changed so that employees had full rights from day 1?

You’re just gonna have to accept you’ve been fired and lost this job sweet, it is what it is sadly. Now time to move on, put on your big girl knickers and brave face as you mama have a Christmas to pull off. There’s help out there, and next time declare your Disabilities so you’re protected. You’re going to get through this. You’re going to be ok. You’ve survived child birth you can survive this x

There’s been a u-turn on that today

Look, I'm not actually looking to take this further or go to a tribunal or anything. I don't have that kind of fight in me.

I'm just worried about what I'm going to do going forward.

And yeah, I'm a bit annoyed that there was no contract, no mention of probation, no warnings. No back to work meetings after absences to discuss, etc. They were very happy with my work, and my time off hasn't been mentioned before today. As I said, there were no warnings, no discussions. It just feels shitty. No opportunities to improve and keep my job, etc.

Nah they were planning to do this but it's the latest in a long line of u turns from this shambles of a government.