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

No one’s saying it doesn’t have to be taken seriously, but if the person saying it has officially been diagnosed with OCD then that means that these thoughts cause extreme distress not excitement. And a professional diagnosis of OCD means that that person is no more capable of anyone else to carry out the thoughts. And no one is saying OCD is a get out at all. You don’t seem to understand OCD though so it’s pointless carrying on trying to explain.

If someone with a disability can’t do the job, even with reasonable adjustments, then the can sack them. Reasonable adjustments aren’t clearly defined but the expectation is that with them the person should be able to do most, if not all, the job. For some disabilities in some jobs this will never be possible, for example someone in a wheelchair couldn’t be a roofer. If OH don’t think you’re fit for work then unfortunately it sounds like your case falls into that category ( perhaps because the job requires someone full time).

Agree with others saying appeal, speak to union and check home insurance for legal cover in first instance

Most companies go by Occ Health recommendations because that way they cover themselves legally. OH can make recommendations about shorter hours, change in conditions etc.

If they deem you unfit for work then the employer is allowed to sack you as long as they follow the correct procedures.

But thinking your employee is putting colleagues at harm isn’t really related to the sacking.
That can be dealt with by them being on long term sick (or, if the had actually done something to colleagues, a suspension) which effectively removes the threat (if there was a genuine one) to the workforce. Sacking is the terminating of the employment contract.

being a threat isn’t what OP was sacked for. And to have sacked her for threat to her colleagues without any evidence may well be discrimination

And I don’t believe that the dismissal letter states the words that you have been dismissed “because of long term sick leave”

as you claim

As i say - had a member of my team said that they were having violent thoughts regarding a knife and attacking colleagues - I would have had them immediately taken off the premises by security.

If they’ve said it then it has to be taken seriously.

OCD isn’t a get-out from being held responsible for the threats you make, even if you allege to never mean to carry them out.

Contact ACAS first. There are rules about how long you have to keep someone on sick leave which can vary depending on the employment contract, the type of work and the type of illness, and possibly other things. ACAS would be best placed to determine whether your dismissal was fair or unfair and if it was unfair on exactly what grounds.

I really don't, I suffered from intrusive thoughts myself in post partum. However if it is severe enough to 'still take up a lot of her day' even with anti psychotics AND the thoughts she had involved harming I presume colleagues with a knife then an assessment of risk must be undertaken.

And people DO actually on I rrusive thoughts, rarely but they do

It doesn’t matter whether they will or not.

The instant they express the thought the danger exists.

In the same way that if someone mentions the thought of harming themselves or suicide it has to be taken seriously.

You can’t just say “oh, they’ve got OCD so it won’t happen” when someone has expressed the thought of taking a knife to their colleagues.

How much crime could people get away with then? They could just say “oh, I’ve got harm OCD.”

If someone has been diagnosed with OCD then having these thoughts mean they are no more of a risk to others than anyone else.

So much misinformation about OCD here. I can’t help with the legalities OP but wanted to say I understand. I have OCD too and mine centred around harm. I say centred as opposed to centres because I’m mostly well now. I do have the odd flare but they’re few and far between these days.

Sorry so hypothetical scenario: person A says to management I keep having thoughts about stabbing person B. Management do nothing and A stabs B... replace management with police and think again

The thing is, if management are aware that person A has OCD, they should be aware (via Occ health) that person A will no more carry that out than any other person without OCD.

Except the OP has said that she had thoughts of harming her colleagues with a knife.

An employer can’t take the risk that these are just intrusive thoughts. Those thoughts mean that she is considered a danger to others, regardless of the cause of those thoughts.

People who are considered a risk to themselves or others through mental illness are regularly detained, sometimes for their safety, and sometimes for the safety of others.

It would be irresponsible of an employer to keep someone employed who poses a physical risk to other people’s safety.

People are often too quick to throw out the equality act as if having a disability or illness absolves them of any consequences. Sadly it doesn’t.

The employer should make reasonable adjustments, the emphasis being on the word reasonable.

It’s not reasonable to employ someone who is a physical threat to other employees, and that’s before the fact that her OCD takes up so much of her day that she’s not deemed able to perform the job she’s employed to do.

OP you need to think about what you want to achieve by taking legal action.

It’s a myth that people make loads of money through taking employers to court. They rarely do, and you almost certainly don’t have a leg to stand on, in which case you will be stuck with not only the stress, but the legal costs, and the potential reputation which comes from losing a tribunal.

And if you ever want to work again forget getting a reference from them.

Just had to jump in here as it sounds like you have (a common) misunderstanding of OCD mentioning the safety of other staff. People with harm OCD are not at risk of harming others-OCD causes them huge distress because they have worrying thoughts they might harm others. They have no intention of hurting other people and in fact drive themselves into severe mental health crisis over being so horrified by the thoughts. Just wanted to clear that up.

Well that’s the reason then

Id have had the op removed from the premises by security had she said this to me as her manager

Can you really not see the difference between sacking someone because you have evidence they can’t perform their job through disability vs sacking someone because you’ve made a discriminatory assumption about their disability?!

the law doesn’t find it difficult to differentiate

If occ health says you aren’t able to do your job (and can’t recommend reasonable adjustments that work for you and the company) then any decent company would go with their report unfortunately.

It’s awful but I can’t see what you can do. I was injured last year but still wanted to work but occ health had to confirm that they were satisfied that I was fit for work with no adjustments

It’s illegal to discriminate against someone with a disability and fire them when you would not fire someone with no disability. But, it’s not illegal to fire someone with a disability, provided reasonable adjustments have been attempted, if they are not capable of doing their job.

After 7 months it may be reasonable for them to conclude that you are not capable.

This is not a question of whether or not you are being reasonable. It is a question of whether or not they have acted lawfully. You union or a lawyer will be able to advise, and also on on the best way forward ie do nothing if they have acted lawfully; otherwise ask for a settlement or go to tribunal.

Op has told her manager she has thoughts d harming her colleagues with a knife?

If there is truky 'no end in sight', you are not capable of returning to work (as per OH assessment) and your company have a right to end your contract. They employ you to do a job and, sadly, you cannot do that job.