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AIBU?

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Original poster

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:
TheRealMagic · 17/04/2026 19:42

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!!!

It doesn't sound like OH based their assessment on thinking you might act on it, they based it on their belief that you were still so severely affected by the OCD that it wasn't compatible with work?

ThatsthelasttimeIplaythetartforyouJerry · 17/04/2026 19:42

That’s not why they sacked her and nor should it be. You can’t discriminate against someone with a mental illness by sacking them to protect your staff from harm.

Why can’t they?

Meadowfinch · 17/04/2026 19:41

Earlgreyandcake · 17/04/2026 19:25

over 7 months off and occ health say you are unfit - work have done nothing wrong

This In the end if you aren't fit to do the job, they need to free up the role to employ someone else.

agatamum · 17/04/2026 19:41

7 months is a long time for an employer to be patiently waiting for you to return to work. Have they had to pay for extra staff/temporary workers, has the business likely suffered because you haven’t been there? What about the other workers likely picking up your work?
the employer has seen a report suggesting you aren’t able to return currently. They must be at the end of their tether.

PoppinjayPolly · 17/04/2026 19:39

Itsmetheflamingo · 17/04/2026 19:35

That’s not why they sacked her and nor should it be. You can’t discriminate against someone with a mental illness by sacking them to protect your staff from harm.

if they did sack her for this reason and it can be proven then yes OP has a discrimination case

Show quote history

So what should they do? If someone tells their manager they have thoughts about harming colleagues with a knife?

TheRealMagic · 17/04/2026 19:39

Winter2020 · 17/04/2026 19:34

I wonder if it would be helpful to see your GP and find out if they feel you are fit to return to work. If so would they put that in writing. They are probably more highly qualified than the occupational health people (unless occupational health are also doctors)

A doctor who is prepared to write a letter saying the OH assessment is wrong based on the facts OP sets out here would be a foolish one. The doctor will almost certainly be more qualified in medical terms, but they won't be an expert in how those medical conditions interact with employment requirements, which is OH's role. They won't even know what OP's job entails other than what she tells them. Also, I have never known a GP appointment that would allow for anything like the length and depth of conversation that an OH assessment should entail for a complex case.

EmeraldShamrock000 · 17/04/2026 19:39

You won’t have a chance, they’ll have had legal advice before making the decision.

Motheranddaughter · 17/04/2026 19:38

You should of course take legal advice but it doesn’t sound like unfair dismissal to me

IDontHateRainbows · 17/04/2026 19:38

IWaffleAlot · 17/04/2026 19:36

Honestly this. 7 months??

Show quote history

I work in this field and its standard to consider dismissal proceedings around the time SSP exhausts which is 28 weeks so 7 months is entirely consistent

Original poster
KittyCoo · 17/04/2026 19:38

@Itsmetheflamingo thank you very much for your kind words and educating people on those who don’t understand ocd

OP posts:
IDontHateRainbows · 17/04/2026 19:36

Earlgreyandcake · 17/04/2026 19:30

Just because you have a disability doesn’t mean work can’t dismiss on capability

Indeed. What if a pilot was going blind, I'm sure no one would want to fly in that plane as a passenger...not even the OP.

hahabahbag · 17/04/2026 19:36

You had more than 6 months off and admit ocd is taking up time in your working day, they are under no obligation to keep you employed, you are lucky you weren’t let go months ago

IWaffleAlot · 17/04/2026 19:36

Earlgreyandcake · 17/04/2026 19:25

over 7 months off and occ health say you are unfit - work have done nothing wrong

Honestly this. 7 months??

Itsmetheflamingo · 17/04/2026 19:35

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.

Show quote history

That’s not why they sacked her and nor should it be. You can’t discriminate against someone with a mental illness by sacking them to protect your staff from harm.

if they did sack her for this reason and it can be proven then yes OP has a discrimination case

Original poster
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!!!

OP posts:
Winter2020 · 17/04/2026 19:34

I wonder if it would be helpful to see your GP and find out if they feel you are fit to return to work. If so would they put that in writing. They are probably more highly qualified than the occupational health people (unless occupational health are also doctors)

Picklemum24 · 17/04/2026 19:31

What did occ health say exactly, eg about prospects of future improvement and timescales you might be able to return?

TheRealMagic · 17/04/2026 19:31

If OH said you weren't fit to work then the decision on whether to let you 'prove them wrong' was totally out of your line manager's hands. It would have been negligent, potentially criminal so depending on consequences, to go against that advice.

Winter2020 · 17/04/2026 19:30

I agree that you should start with getting free advice from your union, ACAS or any legal cover with your bank account/home insurance or whatever. Do this to see if you have a legal case before you spend £££ on legal fees. If a solicitor won't take you on no-win no-fee basis that might also indicate that your case is weak.

Velumental · 17/04/2026 19:30

KittyCoo · 17/04/2026 19:28

@Velumental Yes it’s harm ocd and id do anything for my life before this all started due to one stupid thought about a knife!!

@ItsOnlyHobnobs nearly 4yrs.

@Itsmetheflamingo thank you for your advice. I feel like if I dint tend legal action they’re getting away with murder and could do it to someone else with a disability in the future

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.

Earlgreyandcake · 17/04/2026 19:30

Just because you have a disability doesn’t mean work can’t dismiss on capability

MrsMigginsBrunch · 17/04/2026 19:28

Hillarious · 17/04/2026 19:27

Start with your union.

Definitely. My union said that I probably wouldn’t be sacked for being off sick for three years but they might offer me a settlement to leave.

Original poster
KittyCoo · 17/04/2026 19:28

@Velumental Yes it’s harm ocd and id do anything for my life before this all started due to one stupid thought about a knife!!

@ItsOnlyHobnobs nearly 4yrs.

@Itsmetheflamingo thank you for your advice. I feel like if I dint tend legal action they’re getting away with murder and could do it to someone else with a disability in the future

OP posts:
Hillarious · 17/04/2026 19:27

Start with your union.

anniegun · 17/04/2026 19:26

Have you spoken to your union? This could be a complex case and employment lawyers are not cheap