Experienced HR bod here, a few questions to consider:
- Were the absences documented clearly as work related anxiety?
- Were you signed off for any of these periods by your GP?
- Do you have a diagnosis of anxiety disorder or depression? Or treated medically for these e.g. antidepressants/anti anxiety medication and/or referred by GP for talking therapy/CBT.
- Did you request/were you offered any reasonable adjustments?
- Were you offered appropriate support within the role e.g. debriefing, buddying, mentoring
- Did you have a return to work meeting following each period of absence?
- Were you allowed a phased return following any periods of absence or offered reduced hours/redeployment?
- Were you given a structured plan of expectations of attendance at each stage AND details of support/training etc that could and would in place to help you achieve these?
- Did you have an occupational health assessment?
- Did the OH assessment report say you were or were not fit for work? Did OH provide indications of likelihood of future absences? Did it provide your employer with specific recommendations to support your attendance at work or sugestions for redeployment to an alternative role etc.
I would expect all of these to be done and every avenue exhausted before you were dismissed. Especially as they are following a graduated process with HR and your union was involved.
If your absences were clearly recorded as work related anxiety and an OH assessment wasn't carried out, you may have a case for unfair dismissal and disability discrimination, and potentially work injury if improper support in the role has caused disabling anxiety!
However you would need to get proper advice from an employment lawyer as to whether you have a case and what the next steps would be.
It is highly unlikely that you will be reinstated, (if you even wanted to go back after this!) but if you have been wrongfully dismissed and your anxiety could be considered a disability which hasnt been taken into account, you may be eligible for compensation etc.
However IF they have followed the processes to the letter, AND it has been determined by appropriate medical professionals that you are not fit for work in that role, then this should have been explicitly explained to you, compassionately, by HR and your union rep.
Another q is were you still in a probationary period in your new role or was it considered continuous employment? This MAY be relevan IF your appointment into that role was contingent on satisfactory record/recommendation/reference from your previous role.
Something has gone awry somewhere - whichever it is and I am so sorry you've been through such an awful experience.
Definitely seek legal advice and good luck x