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.

If you took a Friday off then the Monday following it this is sometimes counted as 4 days as the duration of your illness was 4 days.
Fridays and Mondays are also the most common days for people to be off sick when there is problem /persistent absence.

I agree, but it’s a very grey area in law and OP really needs to speak to ACAS who can clarify whether or not she has a case.

Did the sick days fall over weekends? If so I imagine the weekends have been counted. EG if I was sick on a Thurs and didn't return until Monday that is counted as 4 days.

That’s not right? They can sue for discrimination under EqA from day one but not unfair dismissal under the Employment Rights Act?

What would be more of a concern to me is that as a manager you are unaware that a disabled employee has rights from day one, not dependent on two years service.

That’s only if the dismissal was related to disability. OP hasn’t given any indication that they knew about her disability, let alone dismissed her for it. They claim to have dismissed her due to her absence, none of which was related to her disability. Anyone can try to make a claim for unfair dismissal due to a protected characteristic (everyone has protected characteristics after all), doesn’t mean they’re right.

It’s shit OP, and I hope you find something else soon. Have a look at temping agencies.

You'll just have to continue looking for another job - next time declare your disability and migraines due to office lights. I agree it is a little shitty, but next time one of your kids is off, maybe ask if you can take it as unpaid leave or annual leave instead?

As somebody with all the experience anybody could ever wish for of maintaining employment with disabilities (and also getting fired at times), this employer had - as a new starter - somebody taking time off almost immediately with headaches, a sick child and a tummy bug. None of those flag up an undeclared disability, they flag up a flaky employee who has only been there for a few days at most before calling in sick, then calling in 'my kid's sick' and then 'I'm sick' again.

Yes, they can. The Equality Act confers right to apply for tribunal for unfair or constructive dismissal from day one if the employee is disabled, their disability meets the definition of disability under the Act, and the reason for the dismissal is thought to be connected to that disability. They apply to the tribunal service, who make the decision as to whether they have a case in law and approve or decline the application as appropriate.

It’s a fair observation is it not?

My managers have always expected childcare responsibilities to be split and will always ask if the dad( and it’s always the dad) is doing his bit if the mum is starting to miss a disproportionate amount of work due to childcare issues. I’m a manager now and I’d do the same if it came up.

I genuinely am not trying to be disablist.

But are you saying disable people should be unfirable from day 1 of any job regardless of what their disability is (my mild asthma counts as a disability for example) while people who don't consider themselves disabled should be held ti a much higher standard? How is this fair at all? If this would the case I would do everything I could not to hire a disabled person as an employer as you are then stuck paying for their multiple episodes of time off with no redress

No

thwy can fire you for any reason that isn’t protected before 2 years.

6 days is a extremely high amount. I started a job and have a disability and haven’t had a day off in any of the time. It’s been over 6 months now

there isn’t much you can do. I do have a disability but I’m lucky because I explained about mine which is stupidly rare. But it’s well managed. I get migraines with aura but I just push through.

it’s rubbish. I’m sorry. But sadly you’ve got no leg to stand on.

If you haven't declared your disability you can't sue them for discriminating against a protected characteristic.
You could have also requested or highlighted that you hadn't received a contract after starting with them (personally I would never start a job without a contract, that is a huge red flag). I don't think you've got much to stand on really. Without a contract and no declaration of any disability it's your word against theirs. 6 days or 11 days is neither here nor there in this case.

If this is a first job for you (which the impression of the post leads me to assume that it is?) take this as a big learning curve. Dust yourself off and get another job.

That’s discrimination it’s not unfair dismissal. It’s legally not the same thing.

You can still dismiss someone if they are disabled, you just can’t dismiss them because of their disability, and you must make reasonable adjustments.

That doesn’t mean someone can just take endless sick leave, although a reasonable adjustment may be to allow them more absence if related to their disability before moving to formal capability. But no one would try to claim unlimited sickness absence is a reasonable adjustment.

Ah, that's a bit shit @Amiunemployable I am sorry to hear that. Did they know when you started that you have certain issues/conditions? If so, they should have been much more tolerant with you with the time off you have had. I hope you find something else soon, and you are NOT unemployable. However, as many posters have said, I don't think you have a leg to stand on here (sorry...)

Maybe best to wait til after Christmas now, and apply for something else, and be very upfront about your health issues.

All the best. Life sounds a bit shite for you just now. I wish you well. And yes, do apply for universal credit tomorrow!

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I agree, but what matters here is that the employer hasn’t bothered to ascertain any of that and has not intervened despite there being a probation period, to which sickness absence is linked. They have simply waited until the OP has crossed the line at which she can be dismissed. At the very least there should have been intervention, at which point OP could have declared her disability, and then it could have been determined whether or not the absences were due to that disability. If not, then there is likely no case to answer and any application to the tribunal service would be dismissed on those grounds.

Put in a claim for universal credit now.

Well if unlimited sickness absence isn't a reasonable adjustment then OP being disabled is nothing to do with anything then is it?

I don't know of any jobs that dont have a probation period. Do you?

Did you get paid full while off ?

It’s not a thinggggg it means nothinggggg

Most office jobs do have probation periods, and that is 3 separate sickness incidents and one special leave to care for your child.

Your sickness period in days may also count weekends i.e. Friday and Monday, is 4 days of sickness not 2.

Youre clearly capable of securing a job, so next time I would disclose your disability. You may have recieved more leniency if they knew about a protected condition

They dont have to though

its shit. But they’ve done everything they needed too

Theres nothing to ascertain.
Call 1. Ive a migraine cos of the lights, I wont be in.
Call 2. My son is sick i wont be in.
Call 3. Im sick with a bug i wont be in.

There is nothing to ascertain. Its v clear it has nothing to do with any disability.
You can try push the narrative that the employer didnt give a shit, but you are wrong. The employer looked at the facts and acted on that. End of.