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

OP, they haven’t only dismissed you because you have intrusive thoughts.

Your OCD is the deliberating kind and ‘takes up a lot of your day’ and it sounds as if your communication style might be quite inappropriate.

You’re on anti-psychotics, which are not something that’s prescribed lightly. You’re obviously very unwell and it really doesn’t sound like you’re really able to do your job at your full capacity.

Yes.

Thought you might be.

You mentioned a knife- I think they had no choice but to dismiss you

Sorry, too busy polishing my 18 Ferraris and cupboard full of diamonds to engage further. Funny what you can earn when you’re apparently “irreplaceable” and also not off sick all the time???

ive been in hospital recently too so I’m hardly swinging the lead.

It depends. Did the oc health report say when a return would be possible? Or was it that they dont think you would be fit for the foreseeable. This is important. You would have received a copy of this report also.

Did I say I was irreplaceable or that I was very good at my job and hadn’t been replaced any time that I have been off sick

Not to throw the cat amongst the pigeons
...
...but for all those posters who may previously have commented on thread about ...oooh disability benefits and disabled people working and how mental illness is not an "excuse" per say, for example....and are perhaps saying the OP should not be working....do you still feel the same way people claiming benefits with severe mental illness? 🤔

Cos apparently they should but also should not work...

Have you got thousands of pounds to spend on this, bearing in mind that you can't get costs back through the tribunal? I agree with others, please go though your union first.

OP said it gets "..so real that’s why I get so distressed cos I get urges to act!!!"

I accept your explanation above, but the actual urge to act seems outside of it. There's thoughts, and there's urges, which seem different to me.

That's not what I meant. What I meant is you're giving manic phase of bipolar vibes.

Yes, the union will be on your side and not just after your money like a solicitor

Really? Don’t think so but that made me laugh.

Unions only provide legal support if they believe there is a case to answer. If they look at all the facts then decide there is no case to answer, that’s that.

Unions won’t fund hopeless cases.

True but they will give the OP an honest appraisal of the situation which is just what she needs. There is no point pursuing a claim if there isn’t a good chance of winning because it will be so stressful.

Im sorry you are so unwell OP. Having intrusive thoughts like this must be very debilitating and frightening. You do sound very poorly and I hope that with the right medication and support you will start to recover and feel better.

As gently as possible I think your employer hasnt done anything wrong. Occ health have assessed you as unfit for work after a prolonged sickness absence of 7 months. If there is no more that can be done in terms of a reasonable adjustment and occ health have said you are too unwell to be at work then a dismissal on the grounds of capability doesnt sound unreasonable. I am sorry and I know that must be very difficult to accept at the moment...

The OP wouldn’t want them to do that though

It isn’t illegal to sack someone with a disability though. You can’t dismiss someone purely because they have a disability, but you can dismiss them if after providing support, including the employee having 7 months off work and OH deeming the employee to still be unfit for work, the employee isn’t able to return.
Take the case of someone, eg a physics professor in a University, who suffers a traumatic brain injury that results in severe global cognitive decline so much so that they are now having to go into residential care. By your argument, the employer cannot dismiss them because they now are disabled. But how can that employee ever be expected to return to their job?

Even if you have a case (which you need to get expert advice on -nobody on this thread can confirm the status of your claim) don’t underestimate the enormity of trying to take on an employer who decides to fight back.

If you MH is already fragile is this the right thing for you to do. It can involve months or even years of stress. I know a couple of people who have successfully done this and the process was long and hard.

If you are lucky they might pay something to make this go away but they might put you through a process where your fitness to work will be scrutinised. They may actively seek to prove you are unfit to do the role. It could be a pyrrhic victory if you damage your MH in trying to prove them wrong about your MH.

I just want to wish you well. OCD touches a few in my wider family and I appreciate you bringing it more into the open. It’s a tortuous illness. It can be adapted but it needs a heck of a lot of staying power and determination. You have that. I wish you strength and hope you can find some release as well as justice.

Start with your union or ACAS before you spend money on a solicitor

I think your union is best placed to give you an honest assessment of whether you have a case to take forwards.

I suspect it will come down to the occ health assessment and whether you were likely to be fit to return in a reasonable timeframe.

You need to speak to your union
If they think you have a case, they will support you through it. That is what you pay your subs for you don't need to pay another lawyer.
Your rep should have contacted your employer to ask for a different date, or got a colleague to cover your meeting for them. You have the right to be accompanied by a union rep to a meeting which is likely to result in dismissal.