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.

OP Im wishing you all the best in
finding another role soon. One that will support you. Sorry you’ve lost your job at this time.

Employers have responsibilities when it comes to the workforce but employees also have responsibilities. Their responsibility is to provide you with a contract - your responsibility is to chase up the lack of contract even before your first day at work.

OP there’s some shit advice on here from posters who have clearly no experience of or empathy for disability, and how hard it can make finding and retaining employment. There is even less grasp of the law surrounding disability in the workplace.

Even if you didn’t declare your disability to your employer, so much time off within a short space of time could be considered to have been enough of a red flag for them to enquire as to whether you needed support. Instead of intervening in a timely manner, they appear to have waited it out until they could fire you. If there are grounds to think that the employer could reasonably have suspected a disability or health condition then it doesn’t matter whether you declared it or not. You need to ditch this thread and contact ACAS for proper, balanced advice as to your next step and whether or not you have a case for unfair dismissal.

You didn't declare your disability so you can't claim discrimination on those grounds. Outside of protected characteristics you have no rights as a new employee and since you didn't have a contract, you don't even have that to argue. There is no paper evidence that they even took you on at all. I wouldn't waste your time or energy on this when you need it for finding another job.

I think some kindness in the work place is due. Migraines are awful and you might be able to pop a couple of pills lie down for 30mins if you work from home. But no caring or understanding when in person everyday. My daughter fainted on the tube this morning, stuffy and hot made her feel sick wouldn’t have happened if allowed to wfh.

You’re being very vague about the number and nature of your absences, OP. Why is that?

Supermarkets and big retailers are hiring atm, i’d try them.

If there is a probation to pass then you would have been provided competencies , a discussion around the expectation of role and how you achieve each skill required . Probation is about being able to demonstrate how you are able to complete the job , how you fit into the team and how reliable you are .

You are entitled to a written statement of particulars on day one and within 2 months of starting. This is not a contract but your contract will have been implied.

https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

The employer must provide the principal statement on the first day of employment and the wider written statement within 2 months of the start of employment.

You have the right to unpaid time off for family emergencies from day one, so you should not have used sickness days for that.

Talk to ACAE because you may be able to say to your employer that they should give you a month's notice because they are in breach of their obligations to you.

I know getting a job is hard, but you really don't want to work for a shyster like this.

And join a union. They will argue this sort of thing for you if it happens again.

It's probation, they can get rid of you for anything. It's to see if you're a good fit and you perform well. 6/11 sick days is quite alot! I'd such it up and try better with the next job.

A contract doesn’t have to be written. It can be in the form of a verbal agreement - and of course there will be evidence of them taking her on, in the form of pay records etc. And whether or not there is a written contract has no bearing on disability discrimination if it’s provable. OP had a lot of time off in a short space of time. That should have been a red flag for the employer to intervene and ask if she needed assistance. They didn’t. They waited it out until they could fire her. That’s relevant.

This sounds tough. I would have expected some sort of warning after the first two occasions, though I know your employer doesn't have to do this, at least you would have been prepared.I hope you find something else.

Im an employer, i run a SME and I have to say, harsh as it is, I would have fired you too. That much time off since you started? Nope, not wasting my time and money on you. IMO you are unreliable and I cannot afford to waste months hoping you will improve, It costs too much and I wouldnt allow such a drain on the finances. If you were with me ages, and i could see it was a one off, anyone could have a bad run, but if you proved reliable and then hit a bad spot, fair enough, id support you. But new, since September, 6 or 11 days, 3 incidents, one of which is the lighting? Nope, not worth the hassle, id have you gone too.
I cannot believe you didnt take more care of the job you had tbh, given the job market. Maybe take heed from that and make more of an effort to actually turn up if you get another job. As an employer, its really not up to me to make your life easier at the expense of everyone else who does pull their weight.

If you have a disability AND you told them about it or it very obvious then you may have protection.

Not a single word about OP being disabled and your obligations as an employer around that.

This is also correct about where employers suspect something may be "not quite right", "rosscameasadoody*, but I'm not sure how that would apply to a child's illness or a bug?

Agree again that ACAS might be worth a shout - they are after all experts in this - but only if it doesn't chew up headspace needed for sourcing something else

I'm sorry this has happened, particularly in the run-up to Christmas. This is awfully tough. However, it would seem your employer found you to be flaky. If you didn't make the utmost effort to demonstrate passion and a can-do attitude for the job, basically all the things that made the basis on which to hire you (which includes reaching out for help if you need it) then they have no reason to keep you. Businesses need to protect themselves, especially in the current climate. I hope you get back on your feet soon.

Why didnt you declare your disability, its literally your get out of jail free card

I wouldn't start a job without a signed contract. Insist that you have one next time, or at the least, that you've seen a template if they can't process your actually contact before you start.

It is shitty and such shitty employer practice is just one of many things that add up to a toxic work culture in the UK.

Moving forward though:

Apply for UC now, thats a ball that takes a while to get rolling so don't delay as they do not backdate such benefits!

Redo your CV.

Get some advice on at what point to declare disability - its difficult because declaring it in a covering letter or CV means you're not getting interviewed. Declaring at interview means no second interview/offer... so my inclination is to declare it on day 1!

Get a contract - yes there are other things that constitute a contract than a written bit of paper but better to have one than not.

If when you get another job, you need to take leave for an ill child, do NOT take it as sickness leave for yourself - its parental leave or use annual leave if you have any but do not misuse sick leave for anything other than you actually being sick.

As far as the job you've just lost goes - if you want to fight it, see if you put ANYTHING at all in writing about your disability, particularly re the office lighting, whilst you were there. Because you did not declare your disability (and I fully, as a disabled person myself, understand why, in the earlier stages at least, you chose not to) this is really the only chance you have of 'winning' anything here. YOu may decide it just isn't worth the stress though.

I’m an HR manager and totally agree. The OP chose not to declare her disability and had excess sick leave in a short period.

The no contract thing is a concern but why on earth start a job without signing a contract?

Sorry to say I agree with a PP that the OP is looking g for a bit of compo

What assistance could they have offered? She had a bug, and then her child was ill.
The fact that the company didn’t offer help will not work against them.

Of course it isn’t 🙄

Nope, because she didnt declare it. I have no obligations to sometthing i dont know about.
I have had an employee try to declare a protected illness after 3 months of dreadful behaviour. It didnt wash.
I have an employee now that did,and shes fantastic and I facilitate her.
If you have one, declare it. Otherwises dont bother trying to use it later.

OP as pp have said you are going to have to pick yourself up and move on. I’m slightly concerned about how naive you seem to be though. When you get your next job you need to ask for your contract and read it, you also need to check if there is a probation period and how your performance will be monitored. You need to understand that being off sick regularly is not acceptable especially if you are new. From your posts none of your sick days appear to be related to your disability. If you feel comfortable you should declare your disability in your next job so your employer can make reasonable adjustments. Good luck.

What husband?

I admit I've skim read, but where did the OP mention a husband?