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

I'm glad you got a decent outcome.

But it's rubbish that it would be hard to take a public sector employer to tribunal. It's no different to any other employer that way.

In fact, if anything, getting a settlement is harder.

If your OCD is debilitating and affects your work for much of the day, Occupational Health and your employer have the right to say no.
The union is your best option first of all, if you want to challenge.

@KittyCoo what was the outcome? Did you take it any further?

When reading OP's posts, I imagined that her 'unnecessary steps' are what take up too much of her working day, per her occ health assessment. Many people with OCD feel compelled to perform rituals and/or repeat mantras, which they irrationally believe will keep them safe. When OCD is severe, these can take hours.

OP hasn't replied to the many posts asking what they meant when they said it takes up too much of the day.

I'm very sorry you're in this predicament, @KittyCoo and it's obviously a good idea to find out if you may have a case. You'll be making the stress even worse, though, if you perseverate over being dismissed for having OCD when, in fact, it looks like their reason is that the condition leads you to be incapable of doing the job properly.

I know this may look like splitting hairs. I was dismissed after having a long time off with a mental illness - it was my need for time off that made me superfluous, not the thoughts in my head.

It's good to know you've found treatments that are working. I hope your psych will fix you up with suitable support to help you come to terms with what's happening. All the best.

Well, hopefully you'd receive some education and, if you persisted regardless, get sacked.

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 😮

I doubt you would get anywhere you gad harmful thoughts about a knife in work
So yes they sound within there rights to sack you .having a disability does not trump others safety

I took her comments on board.

A few things...

1. I would ask why that person was telling me these thoughts, ie do they have impulses, are these new thoughts, etc

2. I'd ask what they are doing from a medical point of view, counselling, Dr's, medication, what not. I would be checking if this was a diagnoses or self diagnoses.

But I would be inclined to medically suspend with a meeting with occ health arranged asap.

I think it's irrelevant anyway as she told her boss not all her colleagues. As someone pointed out earlier, how would her colleagues even know? Presumably she told her boss in confidence.

How do you know her mental state of mind? Unless you’re her psychiatrist or doctor?

@Gonnagetgoingreturnsagain because she's already been diagnosed with harm OCD by a professional and it's obviously a manifestation of that. Why wouldn't it be?

I have this too and feel for you. Mine was at its worst when I was post partum. It was both the happiest and worst time of my life.

Certainly raise with your union, but you need to possibly argue with the OccHealth assessment. Wishing you lots of luck in your continued recovery.

You’d just be ignorant about OCD, instead of wilfully ignorant.

What would we do without you keeping us all right thinking!

They said the statements are stupid. Which they are.

10:57. - I can’t allow stupid statements like this to go unchallenged

Where have they called anyone stupid?

Maybe if those who are declaring themselves experts in OCD stopped being so abrasive towards other posters this thread may have gone better?
A self proclaimed psychiatrist calling others “stupid” for not having their knowledge and experience?

I agree. We don’t know what was in the letter as the details have not been shared but the OP initially said it was due to the OH assessment considering she could not perform the duties due to the time cost of the OCD.

That sounds like a proper process was followed. All the stuff about intrusive thoughts and knives is irrelevant to that process unless the OH raised it and could be shown to have misunderstood the condition (which seems unlikely since the reason given was time, not content of thoughts).

But he/she will have consulted with occ health, who I presume will know that OP has OCD and therefore the manager will be advised by them.

Clearly I cannot risk assess an individual person from a Mumsnet post but if the info she has given is accurate that she is correctly diagnosed with OCD (and what she has said about the thoughts and the treatment does seem consistent with that) then yes my professional opinion is that she does not pose a risk to other people.

But the manager is not a professional and is not qualified to give an opinion.

Businesses which include PHS with their pension schemes. Extended absence due to a major health crisis which may or may not result in a return to work could well be covered.

My company certainly does this in the hope that the highly skilled employee may be able to return once recovered or with adaptations. Sometimes this isn’t possible and they end up leaving but I can think of more than one who returned after a year or more off for medical treatment and recovery.

Surely OH have to give reasons for saying what they have. It isn't unreasonable for your employer to dismiss you if you have been off for an extended period with no real prospects of returning to you duties. They have to make reasonable adjustments to help you do your job bit if there isn't anything that will help, then they can't.

I love how that’s all you took from Shrinkhole’s comments. Says a lot really.