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AIBU?

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Original poster

AIBU to think this dismissal is dodgy?

55 replies

noosmummy12 · 02/11/2023 20:24

My husband started a new job with our local constabulary in May (probation for 6 months). He has PTSD which began when he worked as a PC with the same constabulary 8 years ago (no support offered back then). He declared the PTSD on interview and it was also looked at during his medical once getting the job and it was signed off. An incident happened while at work which triggered the PYSD and was advised by his line manager to have some time off and that they assumed it would be 6 weeks. He has kept in touch with his line manager and had meetings with her a few weeks ago about how they’re supporting him and how they will get him back to work slowly once he’s back. They also arranged for a medical assessment for the day after his return to make sure he was fit to return etc. He received a text from said line manager last week to say they’d like another meeting with him this Tuesday (not specifying what the meeting was about, he assumed it was to make a plan to return to work as he was going back the week after- he has been off sick 4 weeks getting used to his new medication and has been having counselling too). He turned up to this meeting to find out it was to dismiss him for sickness leave. He had no idea this was what the meeting was for, so had
no representation with him. They have aired that they don’t believe him to be getting better (despite this to be one of the questions they wanted the answer to from the doctors assessment). I’m struggling to see if this is completely legal. Yes, he was on probation, but by having a disability and this being the reason for his time off after being told to take some time off is there anything we can do?

OP posts:
StarlightLime · 02/11/2023 20:28

What disability does he have? He's been off sick for 4 weeks during his 5 month employment, and there's no signs of this improving.
How long do you suggest they stretch it out??

Twillow · 02/11/2023 20:32

He needs to speak to his union for advice, they'll know best.

Branleuse · 02/11/2023 20:33

Given the specific circumstances that you outlined of him having PTSD from the exact same job from before, that has already been triggered by excessive sickness, then I think it's obvious he wouldn't pass his probationary. Why on earth would be even want to go back? Sounds like he needs a career change.

windypumpkin · 02/11/2023 20:33

StarlightLime · 02/11/2023 20:28

What disability does he have? He's been off sick for 4 weeks during his 5 month employment, and there's no signs of this improving.
How long do you suggest they stretch it out??

PTSD

StarlightLime · 02/11/2023 20:35

windypumpkin · 02/11/2023 20:33

PTSD

Show quote history

That's not a disability, is it? It certainly seems to preclude him doing the job, if it was "re triggered" within weeks of starting 🤷🏻‍♀️
What sort of workaround could there be?

threebean · 02/11/2023 20:39

Absolutely speak to union but I would tend to agree with other posters... I'm not sure this is the right career for him... for his own mental health - think of another path.

Spirallingdownwards · 02/11/2023 20:43

For any disability only "reasonable" adjustments need to be made. If he has been triggered there is simply no adjustment that can be made to ensure he can carry out the role. I am unsure why he thought it was a good idea to go back unless he thought he had actually got to a stage where he would no longer be triggered. Of course they can legally let him go during probation or indeed up to 2 years.

tuscanpoppy · 02/11/2023 20:44

@StarlightLime PTSD is classed as a disability if it meets certain criteria.

www.dspuk.org.uk/ptsd#:~:text=PTSD%20is%20a%20hidden%20disability,a%20shut%20down%20or%20outburst.

gingertigercat · 02/11/2023 20:51

So much bad advice here! Op you need to speak to an employment lawyer. Google s. 15 discrimination in the Equality Act 2010 and contact Acas.

StarlightLime · 02/11/2023 20:52

tuscanpoppy · 02/11/2023 20:44

@StarlightLime PTSD is classed as a disability if it meets certain criteria.

www.dspuk.org.uk/ptsd#:~:text=PTSD%20is%20a%20hidden%20disability,a%20shut%20down%20or%20outburst.

It's both legal and reasonable to dismiss an employee who is unable to actually perform the role.
A police officer who is constantly triggered (to the point of having 4+ weeks sick leave) by the day to day normality of policing is as much use as a chocolate teapot, to be frank.

StarlightLime · 02/11/2023 20:54

gingertigercat · 02/11/2023 20:51

So much bad advice here! Op you need to speak to an employment lawyer. Google s. 15 discrimination in the Equality Act 2010 and contact Acas.

He'll never pass probation 🤷🏻‍♀️

VeterinaryCareAssistant · 02/11/2023 20:58

Can they give him a desk job?

user1471556818 · 02/11/2023 20:58

Not sure why he passed the Occupational health assessment tbh .Seems like a terrible idea to return to a job which has given you PTSD . Wishing him all the best and hope he gets some support

Sapphire387 · 02/11/2023 21:00

Right. Some practical questions. Have you a copy of the initial medical report?

Did his manager advise him in WRITING to take all this leave? Is there a paper trail?

How likely is he to continually face situations that trigger the PTSD?

Have 'reasonable adjustments' been discussed at all?

I work for a trade union. I would suggest you seek further advice. I am not saying he definitely has a case, but questions could be asked and pressure put on them, perhaps.

What does he want from this - his job back? Compensation?

Redglitter · 02/11/2023 21:01

VeterinaryCareAssistant · 02/11/2023 20:58

Can they give him a desk job?

Theyre not going to give a probationer a desk job. A desk job is fine if you've got service & are injured but police officers don't get recruited to work in offices. That's what civilian staff are for

LaurieFairyCake · 02/11/2023 21:08

Uh yes. It's a disability as ITS THE SAME PLACE OF WORK !!

He needs to see his rep - this is APPALLING

StarlightLime · 02/11/2023 21:12

LaurieFairyCake · 02/11/2023 21:08

Uh yes. It's a disability as ITS THE SAME PLACE OF WORK !!

He needs to see his rep - this is APPALLING

It's the Police service. What use is a serving officer who can't police?

windypumpkin · 02/11/2023 21:14

@StarlightLime It's still a disability. It might mean he can't do the job but it is still a disability.

windypumpkin · 02/11/2023 21:15

Spirallingdownwards · 02/11/2023 20:43

For any disability only "reasonable" adjustments need to be made. If he has been triggered there is simply no adjustment that can be made to ensure he can carry out the role. I am unsure why he thought it was a good idea to go back unless he thought he had actually got to a stage where he would no longer be triggered. Of course they can legally let him go during probation or indeed up to 2 years.

Edited

As this poster says they have to consider reasonable adjustments.

I'm sure their lawyers will be hot on it anyway

MrsGarethSouthgate · 02/11/2023 21:16

I don’t think the OP has ever said he returned to the force as a Police Officer? I am assuming he is now in a police staff role instead, in which case I would think he ought to have union representation. Speak to them.

beepbeep · 02/11/2023 21:24

If he is a police officer, he is a queen’s (king’s now!) servant, not an employee. They have v few rights, certainly not like employees have. He needs to speak with the federation, but if he’s on probation I don’t believe they need a reason to dismiss.

Crazycrazylady · 02/11/2023 21:26

This was clearly a really unsuitable choice for him op. What's his end game here really. ? Will he ever be able to do this job. It seems really unlikely.

StarlightLime · 02/11/2023 21:28

MrsGarethSouthgate · 02/11/2023 21:16

I don’t think the OP has ever said he returned to the force as a Police Officer? I am assuming he is now in a police staff role instead, in which case I would think he ought to have union representation. Speak to them.

Still being triggered, still unable to actually do the job...

BitofaStramash · 02/11/2023 21:29

gingertigercat · 02/11/2023 20:51

So much bad advice here! Op you need to speak to an employment lawyer. Google s. 15 discrimination in the Equality Act 2010 and contact Acas.

Agree with this.

ACAS
Union
Employment lawyer

Will get you much better advice than AIBU

Cosywintertime · 02/11/2023 21:34

Hang on, some really bad advice here, you can absolutely dismiss someone with a disability if that disability means they are simply unable to perform the role. It’s not discrimination. Its capability termination.

He is only on probation and already a month off, still not back, and has been triggered, he’s a police officer, he needs to be able to perform in the role due to the serious risks involved to both him , his colleagues and the public.

as long as they follow due process then they can terminate, his safety and the safety of those around him and the public are crucial. If he isn’t able to perform his role, which he is not, then for everyone’s sake they need to terminate, as sad as that may be for him.

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