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.

i got fired after almost a year some time ago
pick yourself up
join an agency
put it behind you

all the best people are fired at some point in life - in fact i have lost 3 jobs starting with my paper round

If an employer could reasonably have suspected a disability or a health condition then there is some comeback, because they have a duty to act on any such suspicions and ensure that the employee is supported. The rules around it are complicated - employees are not duty bound to declare a disability and although employers aren’t expected to be clairvoyant, if there are any signs that an employee is struggling then the employer had a duty to enquire as to whether they need help. In OP’s case the number of days off could be considered a clear sign that something was amiss and the employer hasn’t acted on it - they’ve just waited it out until they could fire her. ACAS are the people who can advise here.

No. That proposal (which is all it was) has literally just been dropped today. A six month period before rights against full dismissal will be in included in the forthcoming Employee Rights Act (assuming it passes in that form)

Sorry you’ve had such a tough time of it. I do think the disability and lack of knowledge of probation are irrelevant though. The harsh facts are that you’ve had an extremely high amount of time off in a very short space of time and are likely deemed an unreliable employee. Unfortunately they’ve done what most sensible employers would do and ask you to leave before any more work is missed.

i expect legally if you’ve had an offer, turned up, and been paid then you do effectively have a contract, but they have now legitimately terminated it.

Was anything emailed to you? Or where you pointed in the direction of where to access staff handbooks on an online system?

That said, you can’t expect anyone to keep you on if you’ve taken 6 days off since September.

that has been back tracked, today

Yes I do , two years .

Are you part time? Or were you off over a weekend? Apparently non working days count too.
Did you request annual leave or emergency carers leave when you needed to look after your child?
I would have declared a disability if I knew there were days when I might struggle to make it in, they may have been more sympathetic then.

It does suck though and I'm sorry it happened to you.

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.
Unless these things would have deterred you from taking any more time off, how is any of it relevant?

OP, no doubt you came on here for a little support and empathy. It's very unfortunate some contributors have decided you are not deserving of the sort of solidarity displayed on more trivial posts and frankly it's turning into a bit of a pile on. The situation was clearly not managed very well by your employer and it's very tough to be let go so close to Xmas. And now people on here sound like you've let everyone down in a major way and are looking for a quick buck (it's a mystery what it's to them, but anyway). I really wish you and your DC the very best. Hopefully having this job on your CV will help with getting the next job quicker this time.

It's literally just been announced that the government have decided against this, and that instead the protection will reduce from 2 years to 6 months ...

Why didn't you ask for your contract when you started? Yes they should of gave you one but why didn't you ask for one too?

And yeah, I'm shit scared and worried. I've lost my job. I've got a disability and a seven year old (with autism) with no childcare help. That makes getting another job in an already dire job market pretty hard.

I've never had to claim benefits before. Claiming for PIP earlier this year is the first time I've ever applied for a benefit, and I could have been claiming it for years before now. I've always worked since I left school at seventeen. I even went to Uni as a mature student and got a degree to try and better my prospects, and now here I am. Fucking fired. And fucking scared about the future.

"it's difficult for me sometimes to get to work. But I've done my best.!! " i feel like this every day but unfortunately i need a job

No opportunities to improve and keep my job etc

What would you have done differently?

You either needed the time off or you didn’t.

OP, really sorry, this must be horrible after you had looked for a job for so long and thought you were sorted.

I think people are focussing on rights and wrongs because this is AIBU and it seems as if you are asking was it U that you were fired.

Do talk to ACAS, ask if you can declare your disability retrospectively, for example,

Did you give them your GO’s opinion that the lights caused the migraine?

Could you also ask if 6 days would have caused this? If it would, the difference between 6 and 11 maybe isn’t relevant. Can you ask for a list of the 11 alleged days?

So sorry, this must be extremely stressful and upsetting.

No, sorry that's not on.

How do you "improve" time off? Either you're sick/prevented from coming in or you're not. It's not something you can improve. Or if it is, then you simply chose not to make the effort to turn up when you could have done. And that was noticed.

I don’t think they are. There’s no point encouraging OP to feel aggrieved when it’s highly unlikely anything can be done.

I am sorry, OP. I hope you can get some kind of Temp job maybe over the Christmas period. It sounds very stressful. In future keep a clear record of the days off that you take in case of situations like this.

OP, the welfare state is here to support people. You have been doing your best, and now you need some help.

I would get on to the Universal Credit people ASAP.

Sorry to hear this OP, it’s truly rubbish timing. Hope you’re feeling ok x

"And also told I've had 11 days off and I don't think it's been that many."

"What I'm disputing is, firstly, the number of days. I believe it's 6, not 11."

You don't think it's been that many and you believe it's 6, not 11.

You don't sound very certain?

What is your husband doing to help with childcare? And, given you were just a couple of weeks into a new job and had to take so much time off sick for yourself, why didn't your husband stay at home to look after your sick child?

If you can take anything from this experience OP , make sure you speak up for your rights at the beginning. Dont accept no contract etc, ask questions, tell them about what support you need. Be your own advocate.

Very topical as it has just been announced this is not going to be the case despite it being part of the election promises and manifesto for years. Sticking with a probation before these rights kick in.