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

No, they don’t.

if that was the case no-one who had ever been deemed fit for release after committing a crime would ever re-offend.

Psychiatrists know.

It seems to me that it all hinges on the occupational health statement that OP is unfit to work with no reason to see that changing in the foreseeable future. The employers are not unreasonable to accept that report and act accordingly. OP disagrees with the report, but she would need to find medical evidence to challenge that, and then see whether her employer would reverse their decision. The only case she could possibly bring against her employer is around failure to follow due process, but there’s nothing in what she has said to show that to ne the case.

Sorry OP but they pay you to work and do the job they assign to you. You are not fit to do the job and have not been for the last 7 months. While you may find a t they didn't cross or an i they didn't dot it doesn't sounds like they have done much wrong.

People are entitled to not want to be educated in regards to a condition where someone expresses a desire to harm innocent people with knives, even if that desire leads to feelings of guilt on their part.

As for whatever his name is who apparently keeps a knife in his drawer to encourage people to hold it to his throat, he clearly has issues of his own which absolutely shouldn’t be encouraged or advertised on here or anywhere else.

If a woman posted on here that she’d started seeing someone who told her that he had thoughts of stabbing people but that that was harmless because he had OCD there is hopefully not one poster who wouldn’t tell her to run for the hills, and hopefully anyone who tried to guilt her through talking about non understanding of OCD in that context would be lynched.

It’s sad if anyone genuinely feels the wish to harm people and then feels they need to suppress those feelings.

But it’s not reasonable to expect anyone to be tolerant of those feelings when they’re expressed publicly because the truth is that no-one knows whether someone is a danger or not. no-one and no-one has the right to guilt people into compliance through accusation of non understanding.

Oh FGS, no one said it is. Most people on here, including me who has offered OP support with the misunderstanding around what OCD is and the ‘risk’ it involves, have agreed that it’s possible the illness is causing her not to be able to do her job. Like I said earlier, it’s likely compulsions, anxiety and/or distress caused by OCD are stopping her and in that case her occ health dept may be right to have done what they did. I only say may as I don’t know the full facts.

That doesn’t mean we should stop trying to educate people on what OCD actually is.

Fair, but this assessment should be done by a professional who understand OCD. To quote from the article again:

If healthcare professionals are uncertain about the
risks associated with intrusive sexual, aggressive or
death-related thoughts reported by people with OCD,
they should consult mental health professionals with
specific expertise in the assessment and management
of OCD. These themes are common in people with
OCD at any age, and are often misinterpreted as
indicating risk.
(This is from the NICE guidelines)

However, a
person with OCD can be harmed by an incorrect or
unduly lengthy risk assessment, responding with
increased doubts and fears about the implications
of their intrusive thoughts. At best this will lead
to greater distress, avoidance and compulsive
behaviours, and mistrust of health professionals;
at worst, to complete decompensation of the patient
or break-up of the family. In reality, there is no need
for overcautious reactions. Provided the clinician
has appropriate expertise in OCD, there are very
rarely any serious doubts about the diagnosis.

My post was mostly a response to folks talking about these thoughts as though they do indicate risk, which is incorrect.

Before you go to a solicitor have a read of the ACAS website for a general understanding of how dismissals can be fair or unfair and of the procedures and codes of practice that apply.

Under 'Dismissals' there is a short explanatory section "Dismissal because of long-term illness" www.acas.org.uk/dismissals/types-of-dismissal
and a link to a section about disability discrimination.

You could phone the free ACAS helpline for further information or advice and also go to your trade union before you start shelling out on solicitors.

Also bear in mind the time scale for lodging an appeal under your employer's dismissal procedure - and the time limit for an application to an employment tribunal if it ever comes to that.

The OP has stated that she is pondering legal action herself and has been in touch with various solicitors.

Not really, she is in a union so they will support her if she has a good case. It won’t cost her thousands because she won’t need her own lawyer

She doesn’t have a good case.

@Avslighthead long term sickness was the reason why

@Itsmetheflamingo Thsnk you very much for helping me to clarify the reasons why I was dismissed were unfair and explaining that it’s illegal to sack someone with a disability. It makes me feel like absolute shit calling me dangerous and my psychiatrist has confirmed it not dangerous to my boss but she’s still having none of it!!!

Not really, she is in a union so they will support her if she has a good case. It won’t cost her thousands because she won’t need her own lawyer

The best advice I’ve seen this thread.

The thing is the OCD is irrelevant here. You are not capable of doing the work the employer needs you to do as a result of it. It could be any illness. It makes no odds. Try and see it from their POV. They have employed you in good faith and you haven't done a stroke in seven months. In this economy, they have to protect themselves and try and run at full strength. Unless you have really really good evidence of discrimination, don't even consider legal action because it will cost you a fortune and what bit of your mental health you are clinging on to.
Let it go and concentrate on healing all day every day and when you are well, start afresh.

Having a disability doesn't mean an employer has to keep you in their employment. They can't dismiss you because of your disability, but if you're not capable of doing the job they can dismiss you on the grounds of capability provided they follow their own procedures properly, which it sounds like they have?

This thread is about the OP. It’s not all about you and your OCD. The projection on this thread is unreal. The bottom line is, there are so many issues out there and people are just trying to get on with their lives. You can’t worry about everyone or every health issue they might have. It’s not all about you