Sacked!

davesdonkt

Hi all

I started working as a housekeeper/nanny in Dec 2013. So I am still in a 6 month probationary period as per my contract.

Everything was going fine until last week when I informed my employer I would be needing to use 2 weeks annual leave to have a back operation. She was not happy as it was inconvenient for her. She then had a chat with me saying she was unhappy with my work and gave me a week's notice.

It was implied, though not directly, that I was losing my job for having a back operation. She had no problems with my work until I mentioned my op! Can she do this? Even if I'm still in probationary period?

jobbingmusician

Well, employers can get away with almost anything these days, especially in the first two years, it seems. They aren't supposed to sack on the basis of disability, but you would/will probably have an uphill battle fighting your corner.

In your situation, I would start with http://www.disabilityrightsuk.org/how-we-can-help/helplines/equality-advisory-support-service .............

Undervalued

Sadly yes she can. The employer is not even obliged to give a reason. A "probationary period" is almost meaningless in employment law. Apart from unlawful discrimination you need two year's service to have protection agains unfair dismissal.

You are entitled to a minimum of a week's notice (more if specified in your contract) plus any accrued holiday.

You will struggle to argue that a one off back operation amounts to a disability (for employment law purposes). Even if it did you would need to show that you had made the employer formally aware of the disability and had asked for "reasonable adjustments" to be made.

Tiddlywinks

Saw your other post about going on holiday for two weeks next month. Your employer is probably not happy about another 2 week absence hot on the heels of that holiday.

Anyway, it would be hard to prove discrimination (for your back) as it would turn into a 'your word against hers' kind of discussion... unless you have anything in writing?

Did you declare your condition? What impact does it have? What recovery will you need?

bevanuk

I'm not saying it's fair, but the easiest thing to do here is go looking for a new job - save yourself the hassle of an uphill battle with a very low chance of any success.

Do you really want to work for someone who is that flippant anyhow?