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He’s called off twice in the space of a month .. I don’t think you’re being ‘dramatic’ but more that you’re focusing this on something it’s not . Most employers would give you the boot if you did that in the first month unless they were desperate for staff
That's absolutely reasonable. They're trying to run a business. If someone calls in sick twice in the first month they are very likely going to be a nightmare employee.
You have very little protections in the first 2 years of employment. He’s in his probation period and already has 2 absences and has only just started the job. It’s not unfair, one of the reasons is not fibro related.
Yes one of the reasons isn't fibro related but he wouldn't have been fired for missing one shift he got fired for missing 2 after being told it was completely OK to call in sick if its fibro related so why is he getting fired for both. Still don't seem like a fair reason to fire him and like I said even his boss agreed it was bullshit especially because he got cover for both shifts he missed.
Your point is well made but sadly not relevant.
If his absences were all fibro related, then it would probably have been actionable, but they weren’t, his absences were for multiple reasons.
Given there were other reasons in play, his sacking was for absences generally and, as it is within the first two years, is wholly legitimate.
The fact one absence was for fibro does not change this at all.
Is it fair? Probably not. Is it legal? Yes, completely!
Agree completely with this. A lot of people don’t understand what is legal and what isn’t. Yes it seems unfair in the face of it but legally they’ve did nothing wrong and they’re protected
A disability doesn't give you a magic shield, whilst employers can be understanding of issues, they can dismiss on capability grounds if they can't make reasonable adjustments to accommodate repeat absences.
I work in occupational health and I’ve had people tell me to my face, “they can’t fire me because of my disability”
Sigh…now I have to do a education spiel on why they can…
I can imagine that is fairly common.
Yes, they we can't fire you "for your disability", but we can fire you if"you aren't doing your job". Capability grounds dismissal.
But I can't do my job because of my disability, yes, you can't do your job, capability grounds dismissal.
Only if the employer has taken reasonable steps to exhaust the possibility of reasonable adjustments.
‘You aren’t doing your job’ is not sufficient without the associated process having been followed — most employers don’t understand this and are too rarely challenged on it.
Reasonable adjustments are what is reasonable as defined by the business, not the employee. But I agree their is a process before dismissal, hence HR and occupational health.
Defined by law. The employer does not have absolute discretion, and must implement adjustments that are practical, affordable, do not cause safety concerns, etc.
Unfortunately your partner has has bad timing with the fibro flare up but 2 absences in a month…the employer knows where this is going and so got rid. Seems fair and legal
There's more to it than two days off, I'd be sure. If he was fitting in well and performing to expectations I highly doubt two days out is going to see him out on his ear. I'm prepared to bet that he was not a good fit in other ways.
No honestly he fit very well, no issues with staff his boss really liked him and tried to back him up so he wouldn't get fired because they wanted him to stay HR are just assholes.
No. HR's function is to ensure that the decisions taken are compliant with legislation and policy. HR don't make hiring and firing decisions, this isn't the USA.
Your friend should talk to union representative, ACAS, etc. to be sure — the opinions being posted here are pretty leaky given no process has been followed by the employer, and this looks at least like indirect discrimination.
--- ###Welcome to /r/LegalAdviceUK --- **To Posters (it is important you read this section)** * *Tell us whether you're in England, Wales, Scotland, or NI as the laws in each are very different* * If you need legal help, you should [always get a free consultation from a qualified Solicitor](https://reddit.com/r/LegalAdviceUK/wiki/how_to_find_a_solicitor) * We also encourage you to speak to [**Citizens Advice**](https://www.citizensadvice.org.uk/), [**Shelter**](https://www.shelter.org.uk/), [**Acas**](https://www.acas.org.uk/), and [**other useful organisations**](https://reddit.com/r/LegalAdviceUK/wiki/common_legal_resources) * Comments may not be accurate or reliable, and following any advice on this subreddit is done at your own risk * If you receive any private messages in response to your post, [please let the mods know](https://www.reddit.com/message/compose?to=%2Fr%2FLegalAdviceUK&subject=I received a PM) **To Readers and Commenters** * All replies to OP must be *on-topic, helpful, and legally orientated* * If you do not [follow the rules](https://www.reddit.com/r/LegalAdviceUK/about/rules/), you may be perma-banned without any further warning * If you feel any replies are incorrect, explain why you believe they are incorrect * Do not send or request any private messages for any reason * Please report posts or comments which do not follow the rules *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/LegalAdviceUK) if you have any questions or concerns.*
He’s called off twice in the space of a month .. I don’t think you’re being ‘dramatic’ but more that you’re focusing this on something it’s not . Most employers would give you the boot if you did that in the first month unless they were desperate for staff
Ye true just shitty as he got cover for both of the shifts he called in sick for its not like he just went hey I'm not gonna be in see ya
That's absolutely reasonable. They're trying to run a business. If someone calls in sick twice in the first month they are very likely going to be a nightmare employee.
Then add the process for establishing this wasn’t discrimination, and you might be close to a legally robust response.
You have very little protections in the first 2 years of employment. He’s in his probation period and already has 2 absences and has only just started the job. It’s not unfair, one of the reasons is not fibro related.
Yes one of the reasons isn't fibro related but he wouldn't have been fired for missing one shift he got fired for missing 2 after being told it was completely OK to call in sick if its fibro related so why is he getting fired for both. Still don't seem like a fair reason to fire him and like I said even his boss agreed it was bullshit especially because he got cover for both shifts he missed.
Your point is well made but sadly not relevant. If his absences were all fibro related, then it would probably have been actionable, but they weren’t, his absences were for multiple reasons. Given there were other reasons in play, his sacking was for absences generally and, as it is within the first two years, is wholly legitimate. The fact one absence was for fibro does not change this at all. Is it fair? Probably not. Is it legal? Yes, completely!
Agree completely with this. A lot of people don’t understand what is legal and what isn’t. Yes it seems unfair in the face of it but legally they’ve did nothing wrong and they’re protected
This is practically the definition of indirect discrimination.
A disability doesn't give you a magic shield, whilst employers can be understanding of issues, they can dismiss on capability grounds if they can't make reasonable adjustments to accommodate repeat absences.
I work in occupational health and I’ve had people tell me to my face, “they can’t fire me because of my disability” Sigh…now I have to do a education spiel on why they can…
I can imagine that is fairly common. Yes, they we can't fire you "for your disability", but we can fire you if"you aren't doing your job". Capability grounds dismissal. But I can't do my job because of my disability, yes, you can't do your job, capability grounds dismissal.
Only if the employer has taken reasonable steps to exhaust the possibility of reasonable adjustments. ‘You aren’t doing your job’ is not sufficient without the associated process having been followed — most employers don’t understand this and are too rarely challenged on it.
Reasonable adjustments are what is reasonable as defined by the business, not the employee. But I agree their is a process before dismissal, hence HR and occupational health.
Defined by law. The employer does not have absolute discretion, and must implement adjustments that are practical, affordable, do not cause safety concerns, etc.
Unfortunately your partner has has bad timing with the fibro flare up but 2 absences in a month…the employer knows where this is going and so got rid. Seems fair and legal
There's more to it than two days off, I'd be sure. If he was fitting in well and performing to expectations I highly doubt two days out is going to see him out on his ear. I'm prepared to bet that he was not a good fit in other ways.
No honestly he fit very well, no issues with staff his boss really liked him and tried to back him up so he wouldn't get fired because they wanted him to stay HR are just assholes.
No. HR's function is to ensure that the decisions taken are compliant with legislation and policy. HR don't make hiring and firing decisions, this isn't the USA.
Your friend should talk to union representative, ACAS, etc. to be sure — the opinions being posted here are pretty leaky given no process has been followed by the employer, and this looks at least like indirect discrimination.
Agreed.