Migraine during probation: UK unfair dismissal and the Equality Act, US at-will employment and the ADA

Migraine in a new job can meet a probation period, and worry about dismissal often follows. You may be preparing to talk to your employer and deciding what to say about your health. Keep your observations on paper or in the migraine program in Sam, a diary with a doctor report, where new entries made today add last night's sleep and HRV from Apple Health.

This text is general information, not legal advice. In the UK, ACAS and Citizens Advice give guidance. A union or employment lawyer can advise on your case. In the US, the EEOC explains the ADA, and a labour lawyer can advise on your case. It does not predict what would happen to you.

What probation means in the UK

There is no legal requirement for a probation period in the UK. ACAS says it is a time to check if someone fits a job, and that employees can take time off sick and are entitled to sick pay during it. The rules for sick pay are described in Migraine sick leave: what to tell your employer on day one. A probation period can be any length. Day one rights still apply during it. These include protection against discrimination. Dismissal because of a disability may be unlawful discrimination.

Unfair dismissal and the changing rules

Unfair dismissal protection is changing in the UK. ACAS says an unfair dismissal claim generally needs at least 2 years in the job. Section 25 of the Employment Rights Act 2025 reduces the qualifying period to 6 months, and the commencement regulations (SI 2026/559) bring that into force on 1 January 2027. Northern Ireland has separate rules; check nidirect or the Labour Relations Agency. Having protection does not mean you cannot be dismissed. Discrimination protection itself does not depend on length of service and can apply from the start. The facts of your case matter.

Reasonable adjustments and disability in the UK

In England, Scotland and Wales the Equality Act 2010 protects disabled people at work, and whether migraine counts as a disability depends on how it affects your day-to-day life. Northern Ireland has its own disability discrimination law; check the Equality Commission for Northern Ireland. ACAS says employers must make reasonable adjustments by law. The duty starts when they know, or should know, you are disabled. In a probation period, this duty still exists. Adjustments can change how and when you work. An employer should look for ways to support you before ending a job for illness. More on reasonable adjustments for a chronic condition.

At-will employment and the ADA in the US

In the US, most employment is at-will, but state law differs and can add protections; check your state labour office. An employer can end it for many reasons, with some limits. One limit is that they cannot discriminate. The ADA forbids disability discrimination. It covers employers with 15 or more workers. It requires reasonable accommodation for a qualified person with a disability. The EEOC guidance says reasonable accommodations must be provided to qualified employees whether they work part-time, full-time or are considered probationary. It does not guarantee that you keep your job. See workplace accommodation ideas for migraine for what to discuss.

What a diary helps with before a conversation

A diary does not promise a result. It gives you a clear record instead of a vague memory. You can note when an attack started and how long it lasted. You and your doctor can discuss this. Whether and how you talk to your employer is your choice. Prepare with your doctor first, as with any chronic condition appointment checklist. If a headache is not an attack, log it in the symptom diary.

When a migraine needs urgent care

Some migraine includes an aura. That can bring visual changes, tingling or speech trouble. The NHS says attacks usually last between 4 hours and 3 days. A few signs belong with urgent care. Call your local emergency number for a sudden, extremely painful headache. Do the same for new weakness, vision loss or speech trouble. The NHS says to get urgent medical advice (an urgent GP appointment or NHS 111) if an aura lasts longer than 1 hour at a time or an attack lasts longer than 72 hours. Sam does not decide this. Use 999 in the UK and 911 in the US.

Log your attacks and prepare with a report for the conversation

Go into a conversation with a clear record instead of a memory full of gaps.

• In the migraine program, each attack gets a start, duration, aura and strength. For entries made today, sleep and HRV from Apple Health sit beside them.
• The doctor report as a PDF shows the period you choose and counts your migraine days.
• The monthly MIDAS check-in gives you one number for how migraine limits work and life.

Sam records what you enter and sends nothing to your employer. What you share is your decision. Sam gives no medical or legal advice.

Try Sam for free

Sam is a wellness companion, not a medical device. The app does not diagnose, treat, cure or prevent any condition or health state. Always consult qualified professionals for medical decisions.

Related reading

• Migraine diagnosis: what now? Your first weeks
• Workplace accommodation for migraine
• Reasonable adjustments for a chronic condition
• FMLA and intermittent leave: what to document

Sources

Updated: October 2026

• ACAS: Probation periods
• GOV.UK: Dismissal: your rights
• GOV.UK: Reasons you can be dismissed
• legislation.gov.uk: Employment Rights Act 2025, section 25 (qualifying period)
• legislation.gov.uk: Employment Rights Act 2025 (Commencement No. 4) Regulations 2026
• ACAS: What reasonable adjustments are
• EEOC: Fact sheet: disability discrimination
• EEOC: Enforcement guidance on reasonable accommodation and undue hardship under the ADA