Contract terminated - advice please?

[cricketmum84]

Hi all,

So I left a permanent job for a 12 month contract which I hoped would turn into permanent. More money more responsibility etc.

I've had my contract terminated on capability grounds after 3 weeks due to absence.

Absences were

1. 1 day short notice holiday after my grandma had a heart attack
2. 1 day agreed as unpaid leave with a poorly child.

At this point I was pulled into a meeting and advised that if I had "issues with the role" I should speak up. I apologised and explained I had had an unlucky week and it wouldn't happen again.

1. Was hit with a really bad spell of labyrinthitis that I thought was a bug at first but kept getting dizzier and sicker. I could barely walk without throwing up. I saw a GP, was advised to take the rest of the week off and given medication.

The day before I was due back in work they asked me to attend a call with HR. I dialled in, she advised that the HOD was also in the call and the HOD ended the contract with immediate effect. 4 weeks notice pay.

I just accepted it as I was in shock. But can they do this? Is it legal? Do I have any comeback? I don't want the job now obviously but can I get any further recompense than the 4 weeks notice?

Yes they can. See it from their point of view - in three weeks, you've had three separate instances of absence. They've obviously decided to cut their losses and get rid.

Have they filled your old job - any chance of going back?

Don’t have any advice but sorry OP . Was it public or private sector? Do you have a copy of the absence policy? I work in fast food outlet with a fair few employees with ‘attendance’ issues. No one has been sacked yet.

I get that it really doesn't look good...

However shouldn't there be some sort of procedure they have to follow? If the outcome of the call was dismissal should I have been advised that it was a disciplinary meeting and that dismissal could be an outcome? Or advised the HOD would be attending. Should there have been a final warning before dismissal as it's certainly not gross misconduct?

It doesn’t need to be misconduct, gross or otherwise, to dismiss you in the first couple of years in a job. You have very little protection during this time. This is what puts me off moving roles.

Unfortunately if you haven’t been there 2 years they can get rid of you at any point. So sorry OP