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

So you’ve recovered and then been re diagnosed? Multiple times

Don’t waist time money and angst on this, surely it will be long and stressful and very negative process. I’d use the money for something positive that you love.
Whilst it sounds horrible for you; you could also think about it from the perspective of the company and other employees who have been understaffed for 7 months.

Yes of course, I agree. Anyone could theoretically do anything.

People with harm OCD tend to be highly conscientious and have a very strict sense of moral code.

Tend to be … not incapable. Just like women tend to be less violent… not incapable as an example.

This all people are saying here. A person is still capable of harm even with OCD.

Can you do your job is the question, if you can it's unfair to the company if you can't, what can they do? What business can afford to pay someone who can't work? You need to look at benefits f you can't work really

The bottom line is that you’re not going to get useful legal advice here. You need to speak to a solicitor who can review the evidence and give you a honest view of your prospects of success.

You need to look at this situation objectively and try to take out the emotion or you risk flogging a dead horse, wasting time and money.

You can be fairly dismissed for ill-health if it prevents you from doing your job. Just because you disagree with that decision, doesn’t mean it’s legally unfair and it’s not the role of a tribunal to put itself in your employers shoes.

No it doesn’t. A human is going to human. A person with OCD has the same capability to harm as anyone else.

I’m not arguing the OP here and very much believe that their doctor has determined that they are not any more of a threat as anyone else is. In the OP’s case I even said it’s likely unrelated to the OH decision.

But we’ll never know as it’s now becoming clear that the OP isn’t going answer related questions to that

OP if you fail on your appeal you will be dismissed. You can consider a tribunal appeal seek advice etc etc and may months down the line win some money. But it won’t give you your job back. I think it would be helpful to research how you can manage in the medium term financially and make plans accordingly.

I think this depends on if they said 'im really struggling with thoughts of harming stephany' or 'evergtime I see stephanys face I picture myself plunging a knife into it and her covered in blood'

Presumably you were one of those calling for John Davidson to be raked over the coals for shouting an involuntary racial slur due to Tourette's at the Baftas too.

If her manager knew anything at all about this type of OCD she'd know to be sympathetic and supportive and that these were nothing more than intrusive thoughts that would never be carried out.

Ok, so it isn’t illegal to dismiss someone who is disabled, you need to make reasonable adjustments if needed and take their disability into account but ultimately they need to decide whether you are fit to continue work at this time.
You have been off a long time, I assume you have had other meetings in that time where they have made you aware of potential dismissal as an outcome? OH have deemed you unfit to work so that places the employer in a tricky situation.
yes appeal, but it’s not as easy as people make it out to “sue” and you don’t need a solicitor either at this point.

Have the appeal and present your case
If unsuccessful go through ACAS early conciliation and the company can decide if they want to settle

If not you can then submit the paperwork for an Employment Tribunal, however… it’s a long and painful process and I am hearing some places are scheduling hearings for 2029, so it’s not a quick fix .

In the meantime I would suggest applying for health related benefits and PiP if you remain too unwell to work

I’m sorry you are having such a hard time, but it won’t necessarily be an unfair dismissal just because you are disabled xx

This sounds crazy to me! Although I have sympathies for OP, I can’t imagine a manager employing a person who verbalises intrusive thoughts about wanting to harm people with a knife? If I have understood her correctly.

Research suggests it actually is less likely though. People with harm OCD tend to be highly conscientious and have a very strict sense of moral code. That’s why even the thought of harming someone else distresses them to the degree they become mentally ill worrying about the thought. How many times have we thought we want to “kill or boss/kids/partner.” We don’t mean it of course it’s a passing thought. But the OCD person is so appalled by the thought they beat themselves up about it over and over.

Actually in terms of describing intrusive thoughts about hurting others, there is literally no requirement for the employer to understand ocd.
A statement of having such thoughts is threatening in any social context, objectively. A good employer ought to have seen your comments as a safeguarding concern.

Your understanding of how things have played out does not include any acknowledgement of the position you have placed others in, yet you bemoan how your employer does not understand you!
OCD per se does not absolve you of social responsibility or having a proper knowledge of absence protocols, and it's difficult for many ocd sufferers that you present it this way.

After I lost my partner in a horrific incident and got diagnosed with ptsd and depression, I went back to work after 2 months. You just have to pull your socks up and get on with it, mental issues or not, especially if you have a mortgage. Honestly sounds like OP was trying to game the system and got burned.

It does, actually.

Op some confusion in here, of course it’s not illegal to terminate a disabled employees employment.

it feels you have been dismissed under capability termination, you’re not able to do the job and the business cannot sustain further absences.

this is deemed legally acceptable. They do have to follow process, get the occ report etc. but they can do this.

I often used to say I wouldn’t wish OCD on my worst enemy but this thread is making me rethink that.

Just know that there are people out there who understand. I’ve had it for 30 years (triggered in pregnancy) and I honestly don’t know how I survived at times. And there is hope, I promise. I know it’s not easy but there is always the possibility you will feel better.❤️❤️❤️

hey I’m trying to gain some understanding. What did you mean by the statement for OH saying you’re your OCD is taking up a lot of your day? And did they mention the harm in their report?

That's not fair. The OP has been unwell for 7 months, she may well have bought her property years ago. A mental illness does not make you hapless, it can be a one-off, it can be managed well for years and sometimes flare, or for a few it can be a life long struggle. It's also not fair to say she had a restful year, having mental ill health is not fun, I expect the OP has had a very draining 7 months including working hard at getting the right meds (and dealing with side effects until stable) and at therapy. If you wouldn't make your comment to someone with physical ill-health, then don't say it to someone with mental ill-health.

I’m not saying what a parent should do in that circumstance but realistically someone who actually wanted to harm children wouldn’t be giving the parent a heads-up. Unfortunately there are many people who do very much want to and do harm children and their MO is very much to go under the radar, be charming etc.

Most OH departments are utterly useless and have zero expertise in the role(s) they’re assessing you for. They follow a bunch of generic checklists and have no ability to think critically or deviate from it. Their opinion isn’t worth the paper it’s written on.

It's not illegal to sack someone with a disability.

You've not been sacked for your disability, it's for your absence and lack of capability to do the role.

Though, it does sound as if they didn't follow a fair process, so if you have over two years service you could claim unfair dismissal. And you might then find you can link that to disability.

Nope… you can’t have it both ways. Just because OCD doesn’t make it more likely for someone to carry out harm it doesn’t make it less likely…