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AIBU?

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AIBU to consider legal action after dismissal for long-term sickness?

560 replies

KittyCoo · 17/04/2026 19:18

I’ve been dismissed from my job today due to long term sickness since August last year. I have crohns, ASD, and very severe OCD. I have intrusive thoughts and last summer I declared these to my boss who completely misunderstood me and was worried I’d act on these thoughts shock I told her they caused me immense distress.

Last month, I was confident I’d be able to return to work as I’m finally having CBT and on the right medication, now on an SSRI combined with an anti psychotic. My boss was supporting my return. But then a week later she decided to place me on medical suspension without any prior warning because occ health deemed me unfit to work due to my OCD still taking up a lot of my day. I then fed this back to my line manager saying I’ll beat this decision as in prove occ health wrong and that I am indeed fit for work. She arranged a meeting with me to discuss suspension and she knew my union rep was on annual leave but decided to go ahead with it anyway!!!

They dismissed me due to long term sickness and not taking into account what’s working well with my mental health!! I’m looking at finding a solicitor as I believe this is unfair dismissal due to my disabilities under the Equality Act 2010. I’ve contacted a few and had a few quotes back.

AIBU by wanting to take legal action and sue them because my OCD is deliberating and because of my ASD I have different communication styles that they’ve completely misunderstood. Do you think this is unfair dismissal ?

im so traumatised by it all and im worried ill be made homeless and have my property repossessed as I’ll have no money and won’t be able to find a future job

OP posts:
New posts on this thread. Refresh page
StormGazing · 03/08/2026 12:54

Great news with the update - good luck with the new job!

MrsMigginsBrunch · 03/08/2026 10:23

IDontHateRainbows · 03/08/2026 07:40

4 legs good 2 legs bad?

Exactly

IDontHateRainbows · 03/08/2026 07:40

MrsMigginsBrunch · 02/08/2026 22:41

All pigs not equal

4 legs good 2 legs bad?

MrsMigginsBrunch · 02/08/2026 22:41

IDontHateRainbows · 02/08/2026 22:10

It's really not personal. Many employers can't keep a job open that long, either existing staff need to plug the gap or they have to appoint a temp and temps are usually stop gapping and will move on to something else before too long.

Where i work you would dismiss for long term sick at between 6 months and a year.

All pigs not equal

IDontHateRainbows · 02/08/2026 22:10

MrsMigginsBrunch · 02/08/2026 21:51

I am very good at my job when I am well. I had two years off sick many years ago with a previous employer and they kept my job open for me all that time

It's really not personal. Many employers can't keep a job open that long, either existing staff need to plug the gap or they have to appoint a temp and temps are usually stop gapping and will move on to something else before too long.

Where i work you would dismiss for long term sick at between 6 months and a year.

MrsMigginsBrunch · 02/08/2026 21:51

IDontHateRainbows · 02/08/2026 12:19

Why would anyone want to keep you is more the question...

I am very good at my job when I am well. I had two years off sick many years ago with a previous employer and they kept my job open for me all that time

Velumental · 02/08/2026 15:18

DevonKnowsImMiserableNow · 02/08/2026 15:08

I suspect you're right that people don't say how they're feeling. What concerns me is comments that people with OCD who fear harming colleagues are a risk to said colleagues. That's not true. That's not what OCD is.

The manager isn't a mental health professional, she referred to.occ health which is what ought to happen. To access a professional who CAN decide if it's a concern.

Velumental · 02/08/2026 15:12

DevonKnowsImMiserableNow · 02/08/2026 15:11

Yes, I appreciate that, but I think that's where misunderstanding of OCD comes into it.

My point is that her manager isn't a mental health professional so can't make the call to understand or not. She had to refr.

DevonKnowsImMiserableNow · 02/08/2026 15:11

Velumental · 02/08/2026 14:09

I'm saying if she stayed thoughts of harmibg her colleague to her manager her manager couldn't take chances.

Yes, I appreciate that, but I think that's where misunderstanding of OCD comes into it.

DevonKnowsImMiserableNow · 02/08/2026 15:08

KilkennyCats · 02/08/2026 14:16

I imagine most people with intrusive thoughts about harming others don’t make the objects of such thoughts aware?
Of course the manager can’t just blithely put it down to OCD and have her continue working with the colleagues she’s professed to fantasise about harming.

I suspect you're right that people don't say how they're feeling. What concerns me is comments that people with OCD who fear harming colleagues are a risk to said colleagues. That's not true. That's not what OCD is.

KilkennyCats · 02/08/2026 14:16

DevonKnowsImMiserableNow · 02/08/2026 14:05

I'm confused. People with OCD don't actually act on their thoughts. They just fear they will, no? Why are you under the impression that she poses a risk to her colleague or anyone?

I imagine most people with intrusive thoughts about harming others don’t make the objects of such thoughts aware?
Of course the manager can’t just blithely put it down to OCD and have her continue working with the colleagues she’s professed to fantasise about harming.

Velumental · 02/08/2026 14:09

DevonKnowsImMiserableNow · 02/08/2026 14:05

I'm confused. People with OCD don't actually act on their thoughts. They just fear they will, no? Why are you under the impression that she poses a risk to her colleague or anyone?

I'm saying if she stayed thoughts of harmibg her colleague to her manager her manager couldn't take chances.

DevonKnowsImMiserableNow · 02/08/2026 14:05

Velumental · 17/04/2026 19:30

If you're still struggling with harm OCD and on anti psychotics and SSRIs but still struggling. However better managed it is, it's reasonable for them to put the safety of all staff above just your recovery. Imagine if you (or anyone in this position' disclosed these thoughts then acted on them in future? Your organisation would be in serious trouble for continuing with your employment.

I'm confused. People with OCD don't actually act on their thoughts. They just fear they will, no? Why are you under the impression that she poses a risk to her colleague or anyone?

AgnesMcDoo · 02/08/2026 13:51

KittyCoo · 01/08/2026 09:34

So the update on this:

I did pursue the legal route and sought advice from an employment lawyer who said there’s a strong case for unfair dismissal but because it was a public sector job it would be difficult to sue them. I then forwarded this to someone very senior and I made it very clear that it was in no one’s best interest to take it to a tribunal and pushed for a settlement agreement. After negotiations with the solicitor, a settlement agreement for both sides was reached back in June with a neutral reference and changed to resignation.

Im now about to start a 0hrs job

Edited

That’s excellent news. Im glad you got a good outcome. And I’m sorry your thread
is still attracting arsehole replies

Autumngirl5 · 02/08/2026 13:11

IDontHateRainbows · 02/08/2026 12:19

Why would anyone want to keep you is more the question...

This sums it up for me.

IDontHateRainbows · 02/08/2026 12:19

MrsMigginsBrunch · 01/08/2026 22:16

Why would I expect to lose my job for being ill?
And why would I want to lose my job?

Why would anyone want to keep you is more the question...

KittyCoo · 02/08/2026 10:37

@Lavenderandbrown thank you for your message.

Im happy the dismissal was taken off my record then I don’t have to declare it in future. A 0hrs contract means you don’t have to work a certain number of hours a week, but if the employer offers you work, you don’t have to accept it and equally the employer doesn’t have to give you work

OP posts:
Zanatdy · 02/08/2026 03:48

MrsMigginsBrunch · 01/08/2026 22:16

Why would I expect to lose my job for being ill?
And why would I want to lose my job?

Even with a documented health condition, employers are entitled to let staff go if unable to return to work, or likely to be off again. I had a serious health issue 15yrs ago, and eventually had a major surgery. I was always fully aware I could lose my job if unable to attend regularly. Thankfully for me, major surgery helped a lot and not had a day off in 5yrs but it was very difficult having to go into work the day after released from hospital. People seem to think employers can’t sack people for genuine illness but yes they can.

ExtraOnions · 02/08/2026 03:39

It’s no more difficult to take a Public Sector organisation to Tribunal, than a Private Sector company one. The rules are the same for both organisations.

FishersGate · 02/08/2026 02:54

KittyCoo · 01/08/2026 09:34

So the update on this:

I did pursue the legal route and sought advice from an employment lawyer who said there’s a strong case for unfair dismissal but because it was a public sector job it would be difficult to sue them. I then forwarded this to someone very senior and I made it very clear that it was in no one’s best interest to take it to a tribunal and pushed for a settlement agreement. After negotiations with the solicitor, a settlement agreement for both sides was reached back in June with a neutral reference and changed to resignation.

Im now about to start a 0hrs job

Edited

I call BS.

Lavenderandbrown · 02/08/2026 01:58

Thank you for the update OP. I remember this thread but didn’t post as I have no experience or insight to share. Are you happy with the outcome? I am not familiar with 0 hrs job/ don’t know what that means but I wish you the best. Stay strong and take care OP.

ThePeppyOpalScroller · 01/08/2026 23:49

KittyCoo · 17/04/2026 19:35

@TheRealMagic @Velumental but someone with ocd is very unlikely to act on their intrusive thoughts but the illness makes it feel so real that’s why I get so distressed cos I get urges to act!!!

And this is why.

MrsMigginsBrunch · 01/08/2026 23:32

PoppinjayPolly · 01/08/2026 22:24

Do you plan on going back to work?

Yes

PoppinjayPolly · 01/08/2026 22:24

MrsMigginsBrunch · 01/08/2026 22:16

Why would I expect to lose my job for being ill?
And why would I want to lose my job?

Do you plan on going back to work?

MrsMigginsBrunch · 01/08/2026 22:16

JMSA · 01/08/2026 03:51

Off sick for 3 years?? But how could you honestly expect to keep your job? And why would you even want to?
This place is an education at times, it really is 😮

Why would I expect to lose my job for being ill?
And why would I want to lose my job?

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