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.

Only if it meets the definition of disability as defined by the Equality Act 2010.

The fact that you're saying you 'believe' it's 6 days suggests you aren't sure which also suggests it's higher than 6. Likely to be be the 11 they have said. Either way, it's far too much time off in less than 3 months so I don't blame them for not passing your probation. Pretty much every job has a probation period so the fact you didn't know about it is a pretty weak argument. As for the contract, you should have pushed for one and more fool you for not doing this. I'd never resign from a previous job without having a signed contract for the new role.

When do you declare it?

At application stage - you'll find you don't even get an interview.

At interview stage - you will almost certainly not get any further.

On day 1 - they can still find another reason to let you go after the probation period, though if they did let you go on day 1 they'd have to really prove it wasn't an immediate response to the declaration... it is possible though.

If a company does not want to hire people with disabilities, they can absolutely find ways to avoid doing so without any real possibility of comeback for the applicant. Many companies do not want to hire people with disablities because frankly (and speaking as a disabled person myself) its expensive, its a faff and we're just less reliable (depending on the disability of course) on paper and in peoples experience.

I don’t understand what difference knowing about your probation period would have made though. Are you saying you wouldn’t have had migraines or a sickness bug? Or that your DS wouldn’t have gotten ill? Surely those things would still have happened and you’d still have failed your probation anyway? Maybe you’d have had an inkling what was coming, but your current situation would be the same. The only thing which is maybe worth fighting over is whether they’ve failed you on the basis of 11 days sick. How on earth have they arrived at that if you’ve only taken 6? Maybe if you can prove you were actually working on those other 5 days, you might not fail the probation? Have they explained where this discrepancy of 5 days has originated? Can you prove you were working?

I’ve had experience of exactly this situation at tribunal. The OP had significant time off in a short space of time, which should have been a red flag for the employer to intervene and find out what the problem was - especially if there was a probation period with specific guidelines about permissible sick leave. That would have given the OP an opportunity to declare the disability and describe how the working environment was affecting her. Instead, the employer seems to have waited it out until they could fire her. That’s what could potentially work against them.

Just leave it babe and look for something else xx

Probationary period means nothing in law (at the moment anyway). They can dismiss you before the 2 year mark (unless discrimination) anyway.

If you didn't declare your disability you have no grounds to contest them. That's the end of it really.

An employer will often use calendar days to work out time off. So if you are off friday and then the following monday that would count as 4 days off sick, even though you have only missed 2 working days. Because you are saying you have had a 4 day illness, which is why you also need monday off.

I imagine this is where the discrepancy is coming from.

But none of the sick leave was due to her disability.

What’s your disability?

And were any of your absences to do with your disability?

And did you declare your disability?

Not in my work. We have a guaranteed interview scheme for every person who ticks the disability box. Which is pretty much everyone. And then we aren’t allowed to ask them about it so it’s usually never mentioned again (until they start needing performance managed).

Sadly you have no rights to go to tribunal for unfair dismissal as you need to currently be in a job for 2 years!

It is your responsibility to chase for your contract and to be honest I’d not have started without one.

Sickness, as a manager 6 days in 3 months would be of concern to me but I’d be having conversations with you before now!

Sorry that you have lost your job. Hopefully something will come along, especially this time of year.

It doesn’t sound like your absences were connected to your disability but I urge you to disclose it next time. It won’t mean that you can’t be fired but it may mean support.

Agree - it’s exactly why many disabled people are too scared to declare the disability at any stage - a fact which is reflected in the law, which doesn’t require them to declare disability and offers some safeguarding in the form of employer responsibilities around reasonable suspicion that something is amiss.

did you not have occ health check before you started?

If you have a disability as defined by the Equality Act 2010 you have rights from day one, including the right to sue for unfair dismissal. The choice to declare a disability or not is relevant, but the employer bears some responsibility if it can be shown that they should have suspected something was amiss.

Don’t be that person.

There’s nothing to take to tribunal! To get to a tribunal a person has to be in post for 2 years currently!

If it’s hard to get to work due to a disability, why didn’t you wfh? The employer stir needs the work done and can’t keep
paying you if you don’t turn up.

*still

I agree even if you’d known about the probation, the outcome would’ve been the same,

Were the migraines connected to your disability? It doesn’t sound like they were? I suppose they’ve looked at time off, need to change lighting (has this been detrimental to others) and it’s just amounted to too much.

Surely people don't expect a return to work interview after having just 2 or 3 days off!

Because you've been there such a short time, you didn't declare your disability and you had days off for unrelated reasons anyway i don't think you have a leg to stand on OP.

I think it's all too easy for people to say you should have disclosed your disability though. In reality it's often a real dilemma because it could count against you unfortunately. Are you autistic OP? DS is and has had this dilemma.

No they don’t. If you have a disability as defined by the Equality Act 2010 you have employment rights from day one, including the right to apply to sue for unfair dismissal.

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.

It doesn’t appear that any of the absences were connected to ops disability. Op said that the migraines seem to be due to the lights, her son was unwell and she had a bug.