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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
stripybluesocks · 03/11/2023 17:43

StarlightLime · 02/11/2023 20:52

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.

this, he can't do the job, so of course they can't keep him on. Surely he will be much better off in a different job anyway? It could be the PTSD itself that is keeping him from being flexible and brave enough to realise he needs to consider other options now

MrsPinkCock · 03/11/2023 18:46

beepbeep · 03/11/2023 08:41

Sorry but they are not They are crown servants and not covered by all employment laws. Like the military

Crown employees can’t claim unfair dismissal but they absolutely can bring discrimination claims.

Redglitter · 03/11/2023 19:13

MrsPinkCock · 03/11/2023 18:46

Crown employees can’t claim unfair dismissal but they absolutely can bring discrimination claims.

Hes not a Police officer. He's a civilian staff member so normal rules apply

StarlightLime · 03/11/2023 19:16

Redglitter · 03/11/2023 19:13

Hes not a Police officer. He's a civilian staff member so normal rules apply

Normal rules presumably being if an employee is unable to actually do the job, it's fair and reasonable for their employer to dismiss.
All the more so when they're still on probation.

Redglitter · 03/11/2023 19:23

StarlightLime · 03/11/2023 19:16

Normal rules presumably being if an employee is unable to actually do the job, it's fair and reasonable for their employer to dismiss.
All the more so when they're still on probation.

Absolutely. Surely thats actually part of the reason for a probationery period. If it becomes clear from the outset that someone can't (for whatever reason) do the job they're employed to do I cant see how an employer has any option but to let them go.

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