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.

111 call handler and any call handler type jobs. Data entry jobs.

there’s some working from home jobs right now.

Does someone starting a new job really need to be intervened to say hey you been off 11 days in 2.5 months that's not OK? Surely we have not come to this point in society where people are this dumb?

It's getting worse by the day with the handholding people are expecting.

Nope, not law yet

I didn’t say it in relation to OP’s situation, but in response to your idea that people can take multiple periods of absence with no redress.

This. The more enlightened employers discount any sickness absences linked to the direct effects of disability, and they are not counted towards disciplinary action. It’s not a matter of law at the moment, but it’s encouraged as part of reasonable adjustment. There is absolutely nothing stopping an employer from letting a disabled employee go providing that they can demonstrate that if the disability itself is affecting their performance, all attempts at reasonable adjustment have been attempted before dismissal. The key word here is ‘reasonable’.

Yes it is where the employee has a disability as defined by the Equality Act 2010. Has been the case since - well, 2010 !!

💯
This is how many, probably most, employers calculate sickness absence.

If your first day sick is Friday and you return the following Wednesday, that's counted as 5 days, not 3. Unless you were better on Sat/Sun then sick again on Mon/Tue it's classed as one continuous absence. If you said you were better over the weekend but ill again on Monday, it would then be classed as 3 days but 2 separate absences (and 3 separate absences in a rolling 12 months generally triggers further action such as an OT referral).

It sounds as though this is what has happened, you've either had e.g. one absence Fri-Tues (5 days) and another of e.g. Thu-Tues (6 days). Or worse, 2 absences Fri-Mon and another Friday sick but put your FFW date as Monday morning so counted as 3 days*.

Either way, that many days in less than 3 months is pretty poor. Was your employer aware of your disability?? If not, I doubt you have any grounds for appeal but IANAL.

*This is why, if you are sick on a Friday (regardless of when the absence started), but return to work on the following Monday, even if you were sick as a dog till Sunday evening, ALWAYS put your Fit for Work date as Saturday morning so that the weekend is not counted as sick.

Edited to clarify the thread had moved on a bit in the time it took to write this post.

That’s not what she was asking though.

Presumably when op phoned in sick she explained “My child is too ill for school today, I’ll have to stay home” and “I’ve got a vomiting bug”, etc.?
You can’t seriously be suggesting employers are obligated to investigate possible disability on the part of their employees without any indication whatsoever that this may be the case?
What “intervention” would have been appropriate in the above circumstances?
Some people really do believe in the nanny state 🙄

Surely it would only be counted if you were absent on Monday too?

That’s not what I’m suggesting. The intervention should have been made as soon as the OP returned from the first sick leave. There is a probationary period, here, for which sickness absence is relevant, and employers have a duty to act on any reasonable suspicion that an undeclared disability is at play. In this case, I don’t think OP has a case because her absences don’t appear to be directly disability related, but that doesn’t change the fact that the employer didn’t intervene - they waited until the OP crossed a line that meant she could be fired.

It’s not a matter of hand holding and disabled people are not dumb - many are just put off declaring a disability at any stage because of the possibility of being let go or not taken on in the first place.

Should have taken it as unpaid parental leave which as far as I understand is a statutory entitlement (I’m not an expert maybe someone else here can advise further). Obviously that’s not going to be any help to your situation now but bear in mind for any future employment.

OP doesn't mention a husband in any of her posts (unless I've missed it). She's posted she has no help with childcare.

You are really clutching at straws here now.

Were these separate occasions of sickness?

I’m sorry you’ve lost your job.

on a more practical note, given your situation (no back up childcare, child with SEN, disability that can impact your ability to go into work, I would strongly suggest you look for a fully remote role so you don’t need so many days off.

Return to Work forms usually ask for 2 dates, the date you actually return to work e.g. Monday, but also the date you were "Fit for Work" i.e. you would have been able to work if that date had been a normal working day. In other words the day you were better, even if it was a weekend.

An awful lot of people just put the FFW date as the date they returned to work, not realising the FFW date effectively puts a "stop" on the absence.

I used to administer absence for a department of a large local authority and have had to explain the difference many times.

She asked if she had any recourse - so disability is relevant, but it’s become clear that the absences weren’t disability related anyway.

OP I'm really surprised with your long history of previous work that you've described, that you didnt realise your pattern of absence was going to be an issue sooner?

And surely anyone who's worked for many years before knows that you cannot ring in sick when your child is sick, you need to either take unpaid parental leave for that or ask to use your own annual leave, you aren't sick in that situation so sick leave isn't appropriate.

When you previously worked were you working somewhere with very unusually high sickness absence levels such that you thought this was fairly normal?

No. The person you replied too didn’t ask that question.

What person? The person who believes men should take equal responsibility for their children?

In one of the OPs posts they mentioned they did not disclose their disability

Yep. If the employee has four consecutive sick days or more any days that they’re not scheduled to work (such as a weekend) are counted towards sick leave. So if you go off sick on Friday and don’t return until the following Tuesday, it’s four days. However, where employees don’t have regular working patterns and permanently assigned days of work, the employer should agree with the employee as to what will and will not be counted as sick leave.

If you never declared you were disabled then can't be unfair dismissal due to disability they were unaware of.

Its a lot of sick leave.

Are you hoping to sue?

Nope, it’s the law as it stands. I was a disability outreach worker for over twenty years and have had to work within it when supporting clients.