Wrongful termination on probation
I have joined a company (UK headquarter) 2 months back (i.e July 2019) in Noida, UP. After joining i came to know that this company has no prior technical setup here and they are in the initial phase of setting up the technical operations. The job operations can not be performed here because of the lack of required equipment's, software & hardware resources and training.
This company asked me to travel to abroad for training purpose immediately after joining but i denied because my wife was expected to deliver anytime in the first week of July. And on 4th July, i was blessed with a baby girl. I took 2 days leave from office to take care of my wife and daughter. After return to work i agreed to travel on 20th July'2019(still i took 15 days time to take care of my wife and newborn) and they planned accordingly from 20th July 2019 to 2nd Aug'2019.
I traveled as per the plan. But after reaching there my own health started to decline but i continued to work for up to 10 days but after 10 days i wasn't able to even move so i asked for help from office. Office helped me to see a doctor. Doctor wants to perform some tests and want me to hospitalized but because i have return flight next day so i requested for some medicine only. Somehow next day i managed to return to India and directly went to the hospital and get admitted for 1 week. Even After the discharge from hospital it takes 2 more weeks for a full recovery.
After return to work i applied 3 weeks sick leave. But in the same week they terminated agreement based on the poor performance for which they didn't provide any prior warning.
Note: In the job agreement there is a clause mentioning company can terminate agreement with immediate effect based on unsatisfactory performance.
1. I worked for 2 months. In that initial 3 weeks when i was in India i was not in a position to work due to the lack of resources. When i was abroad, they didn't provide any training(even though they send me for training purpose) i worked there only for 8 days with full resources available but in bad health condition. And next 3 weeks i was on sick leave. So in actual i worked in a proper work environment only for 8 days. Is 8 days of work is enough to make ground for the termination on performance basis? Please suggest legal opinions?