Help about Job just lost

sonic2012

I was commited to my job, my manager even mentioned this to me yesterday, it was just my absence.

Can i ask one thing? Does a employers absence management policy and disciplinary policy apply if you are on probation?

Only reason i ask is that someone else who i'm friends with say's that whilst he was on probation he received a letter asking him to come in, stating that his absence was unacceptable, and he was allowed to bring someone with him. He's still employed by the company, but has told me that they should really of followed the procedures set out in the company handbook.

FBaby

What are you going to appeal against? That you were told to go after your probation period? That's what probation periods are all about, giving the company the chance not to continue with the employment if they are not satisfied with you. You were told of it because you should have know that being told your employment was ending after your probation period was a possibility.

Considering your absence record, it should have been you who should have approached your manager to discuss continuing your employment rather than expecting it and then wanting to appeal what is essentially their right to do.

I personally thing 6 absences in 3 months is huge. I suspect it is not so much the illness that became an issue but your absences due to dependents. What were the circumstances of these 3 absences due to your partner diabetes? Did you just call in the morning and did show for the rest of the day? Or did you rush the second she called? I think what would have been expected the first and maybe second time was for you to assist with the emergency AND them come back to work, and to work out some arrangements so that it didn't happen again. At least talking responsibility to discuss it with your manager rather than taking it for granted that it was ok to not show at all for your shift whenever it happened.

As for the excuse of not coming because of not having slept...well, what can I say, pathetic excuse. If indeed it was absolutely impossible for you to work depsite the lack of sleep (I certainly have done so many times in my working history!), you should have contacted them as soon as you knew it would be an issue to give them a chance to contact someone else to replace you? I'm sure they appreciated the 'I advised them I would be coming'.... It is not for you to 'advise', but for you to provide the details of the circumstances and THEM to advise you what to do.

To be honest, I think you might have very false expectations of your rights at work. If everyone had the same attitude then you towards work, it would be complete chaos in the work place!

scooby088

OP I am afraid that you have nothing to gain by appealing your dismissal, as you say your were in a probationary period, are your personal problems going to be getting any better in the next few months. An employer has to look after their own business first.

I can see your point of view but there is nothing you can do, would HR be prepared to listen to you, would the manager be prepared to listen to you as it may have been the manager that told HR to get rid of you.

All you can expect is notice pay and any accrued holiday pay.

unlikelyheroine

sonic2012 wrote: »

I will go into depth on my absences.

Two were due to the fact i was ill, i had that awful virus that went around and i got it twice, maybe due to the fact that i work in a chill environment. And also if i had the choice i would of worked, but not allowed due to the fact it's a food buisness.

The other 3 were not my fault, my partner is a type 1 diabetic, and her diabetes are a bit hit and miss at the minute and therefore i had to take time off to help her. (I did mention this at Interview stage that my partner was diabetic). i'm her first point of contact.

The last 1 was due to the fact that i had court the thursday before good friday for a custody battle, court ran over and then i got caught up in transport issues were i did not return home until 6am the following morning, with next to no sleep. I advised work that i would not be coming in due to the fact that i had no sleep and did not want to cause a health and safety problem.

Work were also aware of a ongoing custody battle at interview stage

I'm not saying i win the appeal, i just want a meeting to discuss what has happened, and explain my side of the story.

As noted above, you can be let go at any time for any reason during your first two years of employment (so long as there has been no discrimination). I don't mean to be harsh but I am not sure that you understand that it is not your employer's problem if your partner is diabetic or if you are involved in a custody battle. Your employers may well have been aware of these issues. That doesn't mean that they will be happy about you taking excessive time off to deal with them, which I'm afraid to say the above sounds like. You will be expected to turn up for work and perform regardless of personal issues in the background.

"Explaining your side of the story" is pointless at this stage, especially if you come out with the above. An employer will simply not care. They will not understand why your partner being ill with a manageable condition that many people have to deal with requires three absences from you in three months. I am not trying to be insensitive as she may genuinely be very ill and rely on you; however, I am thinking of it from the employer's point of view, which I'm not sure you are. On the last one, did you let your employer decide if you were a health and safety risk or did you just call up and announce that you were?

You should focus on finding another job and not taking any time off except for limited booked holiday absences during the next probation period.

sonic2012

I phoned them up on the day and they advised me not to come in.

So i should be due my 1 week notice pay and accrued holiday pay? Would i be likely to get JSA? hopefully this interview goes okay tommorow and that i wouldnt need to go down that route again.