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

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

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.

The point is, all the education and understanding in the world isn’t going to make an iincapable (through health grounds) employee capable of doing their job.

Wonderful news.

Oh wow. I'm convinced

🙄

Where in my comments did I say this wasn’t the case?

(OP, this is not a comment to you but a broader observation about this thread. I very much hope you can get the treatment you need to recover.)

Regarding the 'misunderstanding' and 'stigma' of OCD - there also seems to be a lot of misunderstanding or ignorance of safeguarding. It is not an adequate safeguard that evidence shows those with OCD commit less violent crime. How do we know that OCD isn't a misdiagnosis? How do we know there aren't other factors like psychosis present? How do we know the person with OCD or the professionals aren't minimising? The employer's duty is to the entire workforce. Someone having a mental health issue is very distressing for them but a team manager and HR department have to consider the wider impact.

Don't underestimate the impact of some psychological conditions on the wider workforce. Even if it's non threatening.

I worked with someone who had some form of psychosis. It's horrendous to say the least. And while MN likes to point out it's none of the bystanders business, you can't escape it either, especially if this person is a team member.
If OP's OCD is still severe enough to have an impact on her work, after 9 months of sickness they are well within their rights to terminate the contract.

With this occ health report they had no option but to let you go, really. Sounds like they’ve been very supportive up to now, so it’ll be a shame if you end up going after them for unfair dismissal - it will tie you up in legal matters for a long time and won’t do your mental health any good, and you’ll be punishing people who did their best to support you over a long period of absence.

Your decision though. Fwiw, it’s unlikely you’ll win.

Also OP if you can’t cope with an admin job how well do you think you’ll be able to cope with the ET process? That’s hardly a walk in the park and stress free. Chances are your employer will lawyer up so unless you also get representation you’ll likely very quickly be out of your depth. And as I mentioned above you could be looking at 2028/29 for a hearing. How’s this going to help your mental health?

There’s still a limit as to what extent this is the employer’s problem. If the employee still can’t do their job and all reasonable adjustments have been considered then it’s fine to let them go.

Unfortunately some people’s medical issues just aren’t consistent with being able to work and sounds like the OP is in that situation. Of course that’s not the employee’s fault but it’s not the employer’s either.

I've got a close family member who has suffered this extremely distressing condition. I understand what you are saying about the thoughts being extremely distressing to them and I agree.

However I'm still not going to sit in an office with someone who has disclosed thoughts of stabbing me - or let my loved one go to their job where that is the case.

If my loved one disclosed thoughts of stabbing colleagues I would completely understand if colleagues refused to work with them.

The OP has also described "urges to act" which are not in keeping with the "would never act" line being given by people talking about the condition. The people talking about OCD do not know the OP or how her mental health challenges present.

The OP themselves is describing themselves as very ill and OCD taking up a lot of their time so I think they know that they are not well enough to work their job but are understandably feeling distressed about the uncertainty that causes with their income.

I hope you start to feel better very soon OP but I don't think fighting your dismissal will help you get well. The only compromise I can see being useful is if your employer is able to offer anything working from home and if you feel you could do the work from home.

I have a close relative (sadly no longer here) who had severe OCD. The lack of awareness, even amongst health professionals, was unbelievable. Sorry for you, OP. It is disability discrimination but legally, I think you would need support from someone who is broad minded enough to understand the condition.

Very possibly. We've gone a bit off piste because some posters were talking as if the thoughts made OP a threat to colleagues, so I felt I had to correct them.

Yes I do think you are being unreasonable- you have mental health issues, but that does not mean your employer should be forced to keep you on.
You have already had a year on sickness pay and openly admit OCD takes up a good deal of your day- they would be mad to keep you in their employ, I'm amazed you have not been let go already TBH.

So did you expect to be off for 9 months paid, and them to bend over backwards to accommodate you going forwards? I don’t see how they are in the wrong

This, I expect, is the crux of the matter, and arguing over whether the OP would ever act on her intrusive thoughts is a side issue.

If the OP has received all the treatment and medication available, the employer has made reasonable adjustments for her disability. and the OCD is still taking up most of her working day, she fails the capability test, and OH’s conclusion that she’s not fit for work is correct.

Then it’s lawful to dismiss her. The risk she might pose to other employees doesn’t even come into it.

I thought perhaps the issue with the OCD is that, as OP said, it takes up a lot of her time. If she's sitting for hours at work ruminating because of it, and not doing work tasks, maybe that's the issue?

Except, if no one talks about it then other sufferers also go for years thinking they are deviant.

The stereotype of OCD is someone cleaning or tidying, so it gets trivialised and people experiencing these taboos thoughts don't realise they have OCD, so they suffer in silence, lose years of their lives and sometimes lose their lives to suicide.

I think as a sufferer it's wise to choose your confidantes carefully. But everyone has a different threshold for what they're willing to share.

OCD thrives on secrecy and telling people they shouldn't share except with HCPs risks perpetuating the stigma.

@gamerchick Obviously not, but I would expect that they either understand, or be willing to educate themselves that intrusive thoughts which are part of OCD are not indicative of desire or intent.

That's especially true of a manager, who has a duty of care towards their employees. Colleagues maybe less so, but there would be an expectation not to stigmatise or discriminate against the sufferer.

How long were you employed for, before you went off sick ?

I was reading of one girl who had suffered unimaginable distress for years of the form her OCD took. She once saw a young child in a crop top and shorts and ideally thought they were inappropriate for such a young child.

Most of us would dismiss it and get on with our day. But her OCD grabbed a hold of it and made her wonder why she would think such a thing.

So for years she thought she was a deviant. She wouldn't go anywhere where kids were, wouldn't look at pictures in case there was a kid. it completely ruined her life. Until she came forward to break the taboo.

The only people who were empathetic were the ones who had some sort of experience with someone or themselves of OCD. The rest were all 'there is no smoke without fire'. They just saw a danger to children.

It's a lot to ask of people when people share their more taboo intrusive thoughts . It's better to save them and share for the HCP who is looking after you.

Argh.
Everyone has "mental health".

You're talking about poor mental health, not "mental health" per se.

Would you expect that of your manager though or your colleagues?