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

[KittyCoo]

I’ve been dismissed from my job today due to long term sickness since August last year. I have crohns, ASD, and very severe OCD. I have intrusive thoughts and last summer I declared these to my boss who completely misunderstood me and was worried I’d act on these thoughts shock I told her they caused me immense distress.

Last month, I was confident I’d be able to return to work as I’m finally having CBT and on the right medication, now on an SSRI combined with an anti psychotic. My boss was supporting my return. But then a week later she decided to place me on medical suspension without any prior warning because occ health deemed me unfit to work due to my OCD still taking up a lot of my day. I then fed this back to my line manager saying I’ll beat this decision as in prove occ health wrong and that I am indeed fit for work. She arranged a meeting with me to discuss suspension and she knew my union rep was on annual leave but decided to go ahead with it anyway!!!

They dismissed me due to long term sickness and not taking into account what’s working well with my mental health!! I’m looking at finding a solicitor as I believe this is unfair dismissal due to my disabilities under the Equality Act 2010. I’ve contacted a few and had a few quotes back.

AIBU by wanting to take legal action and sue them because my OCD is deliberating and because of my ASD I have different communication styles that they’ve completely misunderstood. Do you think this is unfair dismissal ?

im so traumatised by it all and im worried ill be made homeless and have my property repossessed as I’ll have no money and won’t be able to find a future job

What sort of job is it, and is it realistic to return to full capacity?

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?

Admin. Last month we discussed returning part time abd reducing my hours but they didn’t even let me try that

Do you truly feel capable of returning to work at full capacity?

In what basis did Occ health deem you unfit for work? Your manager is responding to this assessment
How much of the day is your OCD taking up?

Its great that your mental health is improving however a workplace needs an employee to be capable of the work required

We're the intrusive thoughts of harming others?

Oh and how long have you been employed in the role?

over 7 months off and occ health say you are unfit - work have done nothing wrong

Have you looked at acas website? They should have exhausted every avenue before dismissing you. For the future have a look at access to work as well as they can provide grants for things to help you in the workplace. I suffer with agoraphobia and I get a transport grant for taxis to take me door to door.

Really all you can do is contact some lawyers and go for it but it will be costly upfront if that’s a factor.

Also ask them to tell you the expected award if you win as it’s not going to be a life changing amount (it’s only discrimination for disability that’s is uncapped but being realistic it’s unlikely to be £££)

Have you spoken to your union? This could be a complex case and employment lawyers are not cheap

Start with your union.

@Velumental Yes it’s harm ocd and id do anything for my life before this all started due to one stupid thought about a knife!!

@ItsOnlyHobnobs nearly 4yrs.

@Itsmetheflamingo thank you for your advice. I feel like if I dint tend legal action they’re getting away with murder and could do it to someone else with a disability in the future

Definitely. My union said that I probably wouldn’t be sacked for being off sick for three years but they might offer me a settlement to leave.

Just because you have a disability doesn’t mean work can’t dismiss on capability

If you're still struggling with harm OCD and on anti psychotics and SSRIs but still struggling. However better managed it is, it's reasonable for them to put the safety of all staff above just your recovery. Imagine if you (or anyone in this position' disclosed these thoughts then acted on them in future? Your organisation would be in serious trouble for continuing with your employment.

I agree that you should start with getting free advice from your union, ACAS or any legal cover with your bank account/home insurance or whatever. Do this to see if you have a legal case before you spend £££ on legal fees. If a solicitor won't take you on no-win no-fee basis that might also indicate that your case is weak.

If OH said you weren't fit to work then the decision on whether to let you 'prove them wrong' was totally out of your line manager's hands. It would have been negligent, potentially criminal so depending on consequences, to go against that advice.

What did occ health say exactly, eg about prospects of future improvement and timescales you might be able to return?

I wonder if it would be helpful to see your GP and find out if they feel you are fit to return to work. If so would they put that in writing. They are probably more highly qualified than the occupational health people (unless occupational health are also doctors)

@TheRealMagic @Velumental but someone with ocd is very unlikely to act on their intrusive thoughts but the illness makes it feel so real that’s why I get so distressed cos I get urges to act!!!

That’s not why they sacked her and nor should it be. You can’t discriminate against someone with a mental illness by sacking them to protect your staff from harm.

if they did sack her for this reason and it can be proven then yes OP has a discrimination case

Honestly this. 7 months??

You had more than 6 months off and admit ocd is taking up time in your working day, they are under no obligation to keep you employed, you are lucky you weren’t let go months ago

Indeed. What if a pilot was going blind, I'm sure no one would want to fly in that plane as a passenger...not even the OP.