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

Your previous employer can disclose the amount of sick leave you took, and that they dismissed you for long term sickness, but they cannot disclose details of your medical condition.

It really is hard. I didn’t have a long period of sick but lots of single days off and ended up in a capability meeting for it. Endometriosis and was needing a day off every 2-3 weeks at the worst point

I'm sorry you're having such a shit time of it OP, that constellation of illnesses must be a heavy burden to bear.

Legal action, though? Things have become very litigious in recent years, and I'm not sure it helps anyone in the end. Sure, you could kick up a fuss. But in the same spirit, they could kick up a fuss about your "threats".

It's a mismatch of expectations. Save your money and focus on getting well.

Not sure the intrusive thoughts are necessarily the basis of the employers concerns though. OP has said it takes up considerable time. That's time she's not doing the job she is there and paid to do. That is more likely the issue. Employers don't pay people just to be nice.

OP needs to take legal advice from someone who can view the reasons given for her dismissal.

To be fair, an Occ Health doctor is usually a medical doctor and may have very limited knowledge around mental health and definitely around specific anxiety disorders.

Plus in this case, what they need to do is take advice from occupational health, which is what they’ve done.

A tribunal won’t say oh I’d have done x if I was an employer, got a report from the psychiatrist etc. What they will look at is whether a reasonable employer would have done what OP’s employer did, and if so, then fine. The fact that another employer may not have dismissed the employee or obtained different evidence does not mean there was anything wrong with what the employer did. More than one way to skin a cat, etc

In this instance, what it means is that people who think intrusive thoughts are indicative of risk, need to inform themselves better because they are factually incorrect. In OCD, the intrusive thoughts or urges are distressing to the person and they are ego dystonic. So yes, sometimes people have opinions based on ignorance and they do need to inform themselves. It's got nothing to do with my opinion.

Educating yourself in this instance would serve you well though.

I’ve started to dislike the term “educate yourself” as it gets used as a guilt tripping mike drop..
what it really means, generally seems to be is- “you need to come to my way of thinking, your own opinion is clearly wrong you big fool!

I suspect the OCD and education or not on it is side noise. The question the employer will be asking, especially after a long time, is: Can this person do their job? Are we able to provide the necessary accommodations for them to do their job?

If the answer is no, then it is reasonable to let the employee go. The reason is less important than whether they are capable of doing the role they are in.

For anyone who might want to educate themselves.

www.ocduk.org/ocd/types/

I agree. And I did state in my first comment I can’t help with the legal stuff in terms of that. It sounds like it’s the compulsions, anxiety and distress that are hindering her ability to work, in which case Occ Health may have done the right thing.

The OP did say that her OCD is still taking a lot of time from her day and that there doesn't seem to be an end in sight. I have a lot of sympathy for her but I think it's important to be realistic about her prospects.

The content of the thoughts is unimportant. The manager knows nothing about OCD and should educate themselves.

Yes sorry I agree with that. Unless we know exact wording, it is vague

For mh the employee must have a plan. Oh if I get these thoughts, I will complete cbt exercise, I am attending counselling/on medication... whatever that may be!
That means employee is aware and being realistic. If there is no plan and a mh condition is taking chunks out of your.. impacting your work... with no end in sight then yes, employee needs to consider that. Employers need to offer support where practical but sometimes this isnt. I'm my expertise, those with mh conditions have gone zero hours or resigned. Occ health was a tick box 🤷‍♀️

But if OP’s psychiatrist said she’s not a risk then she’s not a risk. If the OCD is stopping her doing her job it will likely be because of compulsions, distress or anxiety, which is a completely different matter and a potentially valid reason for Occ Health saying what they did.

@KittyCoo Why do you think you won't be able to get another job?

Those I know with severe mental illness work part time and are self employed. Full time employment isn’t a viable option for everyone. Don’t waste your energy trying to fight this.

You’re right. It’s wilful ignorance. And it makes life so much harder for those struggling.😢

It isnt about disagreeing with op. Occ health is about the work environment. Ops psychiatrist is probably for general, everyday.

I know two people in the last year who have had to deal with threats to employment for medical reasons. One has cancer and their workplace had been very accommodating and kept their position open, done everything they can, but had to dismiss the person after over a year. The other had an accident and it was only weeks. They were told they had to be at 90% capacity by a certain date, or take unpaid leave indefinitely. It's hard but, in the end, workplaces are not charities and, if you are realistically unable to do the job, you do need to find something more suitable.

Due to my own non-medical but family oriented reasons, I am not in paid employment at the moment, because I know I am not up to the level of commitment one requires. The times I have worked have been when I've been able to get flexible hour, at home, short term positions. I find this sad sometimes as I do love my work, but I can't expect an employer to accommodate my personal needs to the degree it might sometimes be required.

By all means go through the appeal, but might it be better for you to find something that is a better fit? Less stressful too. Sometimes life just deals shitty hands. It's not our fault and doesn't make us worth less. Just means we have to adapt.

Yes, they do. But they’d have to have their own psychiatrist to disagree with OP’s and that would be very very unlikely.

Please state occ health actual words it will help!! If occ health said this environment not good for op or they don't see a return happening in foreseeable then they were fine to dismiss. Along as the process was followed.