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

You can however dismiss that person if, after a risk assessment, it is deemed they pose a risk to others - that is not discrimination, its health and safety.

I'm an employer, and there is no way I would continue to employ someone who had intrusive thoughts and urges to act to harm others in the work place due to MH issues - run it through a risk matrix, you will only get one answer.

Exact occ health report wording will help us advise. What the report actually say about a return??

But why would you still want this job? It’s not working.

To earn money.

Thsnk you very much for helping me to clarify the reasons why I was dismissed were unfair and explaining that it’s illegal to sack someone with a disability

It is not illegal to sack someone with a disability. You cannot dismiss someone because they have a disability, but in simple terms, if that disability renders them incapable of performing their duties and a fair, legal process has been followed, they can absolutely be dismissed.

You say that you have been off sick for seven months, and OH have assessed you as unfit for work. Broadly, those seem like reasonable grounds to dismiss someone.

my psychiatrist has confirmed it not dangerous to my boss but she’s still having none of it!!!

The reason they've given you for dismissal isn't that you pose a danger to anyone, it's that you've had too much time off and likely won't be fit to return within a reasonable time frame.

As has been said before, and by OP’s psychiatrist, they don’t pose a risk.

Exactly. These would be the same ones outraged over people with mental health struggles being on benefits and not in work wouldn't they!

The employer needs occ health to give a workplace assessment they need to do their own checks so it doesnt matter what op psychiatrist says.
If they went purely off that person's word, and if absence persists or there was an issue, employer could be in trouble for not following process.

OP you keep going around in circles. No one dismisses your mental health or your feelings. But let's be logical. You have been off for 7 months. You returned to work but on your return you would be expected to have found a solution by now. This is not car accident. Is a sickness that you had time to find a way to navigate or have a plan in place achievable and measurable. I promise you I don't put any blame on you nor do I judge you. But if when you return to work your ocd is still taking a big chunk of your work day how likely it is you will get better and you will work at full capacity? How long should they wait? Is not realistic OP they also have to take into consideration whether your emplyment is benefiting the company. At the moment and I apologise to use this horrible word but you are a liability. From their point of view. And is fair, if you didn't get what you need from your job or if they would cut a chunk of your wages you would leave as well. I am not sure if it makes sense for you. There will be jobs that you would be able to perform succesfully but this is no longer it. Don't waste your money with solicitors they would have gone through that contract with a fine tooth comb by their legal team to make sure it won't come back to bite them in the ass. Concentrate on your mental health and your recovery, the perfect job is out there somewhere.

Some people are just never going to get it no matter how many times it's explained to them are they!

Please state occ health actual words it will help!! If occ health said this environment not good for op or they don't see a return happening in foreseeable then they were fine to dismiss. Along as the process was followed.

Yes, they do. But they’d have to have their own psychiatrist to disagree with OP’s and that would be very very unlikely.

I know two people in the last year who have had to deal with threats to employment for medical reasons. One has cancer and their workplace had been very accommodating and kept their position open, done everything they can, but had to dismiss the person after over a year. The other had an accident and it was only weeks. They were told they had to be at 90% capacity by a certain date, or take unpaid leave indefinitely. It's hard but, in the end, workplaces are not charities and, if you are realistically unable to do the job, you do need to find something more suitable.

Due to my own non-medical but family oriented reasons, I am not in paid employment at the moment, because I know I am not up to the level of commitment one requires. The times I have worked have been when I've been able to get flexible hour, at home, short term positions. I find this sad sometimes as I do love my work, but I can't expect an employer to accommodate my personal needs to the degree it might sometimes be required.

By all means go through the appeal, but might it be better for you to find something that is a better fit? Less stressful too. Sometimes life just deals shitty hands. It's not our fault and doesn't make us worth less. Just means we have to adapt.

It isnt about disagreeing with op. Occ health is about the work environment. Ops psychiatrist is probably for general, everyday.

You’re right. It’s wilful ignorance. And it makes life so much harder for those struggling.😢

Those I know with severe mental illness work part time and are self employed. Full time employment isn’t a viable option for everyone. Don’t waste your energy trying to fight this.

@KittyCoo Why do you think you won't be able to get another job?

But if OP’s psychiatrist said she’s not a risk then she’s not a risk. If the OCD is stopping her doing her job it will likely be because of compulsions, distress or anxiety, which is a completely different matter and a potentially valid reason for Occ Health saying what they did.

For mh the employee must have a plan. Oh if I get these thoughts, I will complete cbt exercise, I am attending counselling/on medication... whatever that may be!
That means employee is aware and being realistic. If there is no plan and a mh condition is taking chunks out of your.. impacting your work... with no end in sight then yes, employee needs to consider that. Employers need to offer support where practical but sometimes this isnt. I'm my expertise, those with mh conditions have gone zero hours or resigned. Occ health was a tick box 🤷‍♀️

Yes sorry I agree with that. Unless we know exact wording, it is vague

The content of the thoughts is unimportant. The manager knows nothing about OCD and should educate themselves.

The OP did say that her OCD is still taking a lot of time from her day and that there doesn't seem to be an end in sight. I have a lot of sympathy for her but I think it's important to be realistic about her prospects.

I agree. And I did state in my first comment I can’t help with the legal stuff in terms of that. It sounds like it’s the compulsions, anxiety and distress that are hindering her ability to work, in which case Occ Health may have done the right thing.

For anyone who might want to educate themselves.

www.ocduk.org/ocd/types/

I suspect the OCD and education or not on it is side noise. The question the employer will be asking, especially after a long time, is: Can this person do their job? Are we able to provide the necessary accommodations for them to do their job?

If the answer is no, then it is reasonable to let the employee go. The reason is less important than whether they are capable of doing the role they are in.