Started new job, got covid, now sacked

struggling13 · 2023-09-11T12:45:23+00:00

Hello all, As straightforward as it is stated, really. I started a new role who kept begging me to start early, which meant coming back from a hen party early, I found out I had covid and was quite poorly from underlying health conditions after doing the training weeks. I let the bosses know, and they said all fine nothing I could do as it was within healthcare. Day I'm due to come back to work first thing in the morning I receive and email saying I'm being immediately terminated due to being sick? Had a feeling they were going to do this as they were acting unusual and they job they were conducting our training for was not the roles we applied for, obviously I gave my notice to my other job of which I had been there 3 years so now I have had my time wasted and left without pay etc. What can I do about this, if anything? It feels awfully unfair as I was scheduled to come back in after 5 days off and now being disciplined for it?

HermioneWeasley · 11/09/2023 13:47

They need to give you notice under your contract but I’m afraid there’s nothing you can do as you don’t have any employment rights

cocksstrideintheevening · 11/09/2023 14:14

You have no protection in early employment, I doubt there is any recourse unless your contract specifically says otherwise.

ImCamembertTheBigCheese · 11/09/2023 14:21

You say you have an underlying health condition, is it classed as a disability?

Did you get and sign an employment contract?

Pleaseme · 11/09/2023 14:25

I think you'd have little recourse tbh unless your underlying health conditions are classified as a disability and have been disclosed to HR. I've worked in a few places and most private employers would get terminate your contract if you were absent shortly after starting. The local authourity finds it tough to get of people though!

Original poster

struggling13 · 11/09/2023 17:32

Thanks, I just found it odd as it was mandatory because of the line of work that I remain off. I didn't get a choice, and it was hardly my fault I got covid. Yes, my underlying condition is a declared disability and yes, they were made aware, and contracts had been signed.

OP posts:

Ascendant15 · 11/09/2023 17:52

I wish people would stop trotting out "is it a disability?" like its a magic wand. And I'm disabled. Which may explain why it gets on my wick, thinking about it.

OP was not dismissed as a result of her disability. She was dismissed for sickness that had nothing to do with her disability. It sucks. They are nasty b×××××ds in my opinion. But there is nothing in law that she can do. She is entitled to either contractual notice if it is more than statutory (although I'll bet it isn't); if it's statutory notice then she's entitled to nothing as you can be dismissed or resign without notice in the first four weeks of employment.

Would your previous employer be able to take you back?

Original poster

struggling13 · 11/09/2023 21:26

I haven't queried yet, but my concern is obviously we were told we had to go off. I didn't decide to go off sick it wasn't optional, so surely that is different

OP posts:

Ascendant15 · 11/09/2023 21:30

struggling13 · 11/09/2023 21:26

I haven't queried yet, but my concern is obviously we were told we had to go off. I didn't decide to go off sick it wasn't optional, so surely that is different

Sorry, but no it isn't different. With few exceptions, the employer can dismiss for any reason, or no reason, in the first two years.

Pleaseme · 12/09/2023 00:39

Are you a care worker? hardly anyone tests for covid anymore. I'd concentrate on trying to find a new job.

autienotnaughty · 12/09/2023 01:41

Them pressuring you to start early wasn't a great start. This is not a company that will support you. It may be a blessing although not ideal at the time.

prh47bridge · 12/09/2023 10:03

Even under two years' service, a dismissal for sickness may give rise to a claim for discrimination on the grounds of disability, sex or age. Whether you have a case depends on the circumstances. If you want find out for sure if you have a case, you need to consult a lawyer who specialises in employment law. If you have legal cover on your home insurance, they may be able to help.

ImCamembertTheBigCheese · 12/09/2023 20:17

Ascendant15 · 11/09/2023 17:52

I wish people would stop trotting out "is it a disability?" like its a magic wand. And I'm disabled. Which may explain why it gets on my wick, thinking about it.

OP was not dismissed as a result of her disability. She was dismissed for sickness that had nothing to do with her disability. It sucks. They are nasty b×××××ds in my opinion. But there is nothing in law that she can do. She is entitled to either contractual notice if it is more than statutory (although I'll bet it isn't); if it's statutory notice then she's entitled to nothing as you can be dismissed or resign without notice in the first four weeks of employment.

Would your previous employer be able to take you back?

It is worth asking the question though, no one saying it is a 100% guarantee of job reinstatement.

Crazycrazylady · 13/09/2023 11:49

Op. You're entitled to your paid notice Period al. How long is that?
I'm afraid as others have said you can be dismissed for almost any reason in the first 2 years of employment.
I'd just focus on finding a new role asap.

Ascendant15 · 13/09/2023 13:27

Crazycrazylady · 13/09/2023 11:49

Op. You're entitled to your paid notice Period al. How long is that?
I'm afraid as others have said you can be dismissed for almost any reason in the first 2 years of employment.
I'd just focus on finding a new role asap.

Unless it is more than statutory, in the first four weeks of employment notice pay is zero. The OP just started the job.

workoholic · 17/09/2023 00:26

Obviously it sucks but at least you know how toxic it is before you put loads of hours in.

caringcarer · 17/09/2023 00:35

prh47bridge · 12/09/2023 10:03

Even under two years' service, a dismissal for sickness may give rise to a claim for discrimination on the grounds of disability, sex or age. Whether you have a case depends on the circumstances. If you want find out for sure if you have a case, you need to consult a lawyer who specialises in employment law. If you have legal cover on your home insurance, they may be able to help.

But she was home with Covid. Covid isn't a disability.

prh47bridge · 17/09/2023 08:30

caringcarer · 17/09/2023 00:35

But she was home with Covid. Covid isn't a disability.

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She also talks about being poorly with an underlying health condition. That may be a disability.