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

With this occ health report they had no option but to let you go, really. Sounds like they’ve been very supportive up to now, so it’ll be a shame if you end up going after them for unfair dismissal - it will tie you up in legal matters for a long time and won’t do your mental health any good, and you’ll be punishing people who did their best to support you over a long period of absence.

Your decision though. Fwiw, it’s unlikely you’ll win.

Don't underestimate the impact of some psychological conditions on the wider workforce. Even if it's non threatening.

I worked with someone who had some form of psychosis. It's horrendous to say the least. And while MN likes to point out it's none of the bystanders business, you can't escape it either, especially if this person is a team member.
If OP's OCD is still severe enough to have an impact on her work, after 9 months of sickness they are well within their rights to terminate the contract.

(OP, this is not a comment to you but a broader observation about this thread. I very much hope you can get the treatment you need to recover.)

Regarding the 'misunderstanding' and 'stigma' of OCD - there also seems to be a lot of misunderstanding or ignorance of safeguarding. It is not an adequate safeguard that evidence shows those with OCD commit less violent crime. How do we know that OCD isn't a misdiagnosis? How do we know there aren't other factors like psychosis present? How do we know the person with OCD or the professionals aren't minimising? The employer's duty is to the entire workforce. Someone having a mental health issue is very distressing for them but a team manager and HR department have to consider the wider impact.

Where in my comments did I say this wasn’t the case?

🙄

Oh wow. I'm convinced

Wonderful news.

The point is, all the education and understanding in the world isn’t going to make an iincapable (through health grounds) employee capable of doing their job.

Oh FGS, no one said it is. Most people on here, including me who has offered OP support with the misunderstanding around what OCD is and the ‘risk’ it involves, have agreed that it’s possible the illness is causing her not to be able to do her job. Like I said earlier, it’s likely compulsions, anxiety and/or distress caused by OCD are stopping her and in that case her occ health dept may be right to have done what they did. I only say may as I don’t know the full facts.

That doesn’t mean we should stop trying to educate people on what OCD actually is.

This thread is about the OP. It’s not all about you and your OCD. The projection on this thread is unreal. The bottom line is, there are so many issues out there and people are just trying to get on with their lives. You can’t worry about everyone or every health issue they might have. It’s not all about you

No one said it is about me. It is about OP and her OCD. My comments have all been relevant, coming from a place of understanding. The wilful ignorance on this thread is also unreal.

You said you’re with a union- what have they said?

All of my recent employers (large multinationals) would only confirm employment dates - they won’t offer a reference or any detail about you. Your health situation is your private information that they can’t share.
Get back out there and work, it will be much better for your mental health than staying home and spiralling into poverty.

Which wasn’t explained

The best advice I’ve seen this thread.

Not really, she is in a union so they will support her if she has a good case. It won’t cost her thousands because she won’t need her own lawyer

She doesn’t have a good case.

It seems to me that it all hinges on the occupational health statement that OP is unfit to work with no reason to see that changing in the foreseeable future. The employers are not unreasonable to accept that report and act accordingly. OP disagrees with the report, but she would need to find medical evidence to challenge that, and then see whether her employer would reverse their decision. The only case she could possibly bring against her employer is around failure to follow due process, but there’s nothing in what she has said to show that to ne the case.

How did the conversation around the knife actually go with your employer @KittyCoo ? In a post prior to this one, you use present tense to describe that you have the urge to use to use a knife (not in a good way).

If you indicated to your employer, even in the tiniest way, that you have these urges and from the way you worded this post, it suggests that you did, you have put your employer in an incredibly difficult position.

In the event you harmed a co-worker and your employer knew this was a possibility, she is exposing herself to litigation.

I suspect, if this went to court, discrimination, it could be stated, was not regarding your disability but regarding this matter.

You don't have to answer that here obviously but consider this factor. The union may struggle to defend you under these circumstances.

How long have you worked for the company please?

An employer will tolerate absence up to a point. They will I hope have policies which are set out and communicated.
The issue for you is that they have tolerated your absence since last August.
But now the Occupational Health have told your employer you are unfit to be at work. Occupational Health will often provide or set out to an employer if part time or reduced hours return to work would or should be provided.
I assume they have not ? Did they consider this option or discuss it with you ? The OH report will not have been done without a meeting with you.
In which case the employer would be on a sticky wicket allowing you back to work if they sought advice from OH only to then ignore it.
I would check the OH report again to see if there is any mention of a reduced hours return to work.

Let the union determine that. They might be able to agree a settlement for her rather than just being sacked with nothing.

The OP has stated that she is pondering legal action herself and has been in touch with various solicitors.

Before you go to a solicitor have a read of the ACAS website for a general understanding of how dismissals can be fair or unfair and of the procedures and codes of practice that apply.

Under 'Dismissals' there is a short explanatory section "Dismissal because of long-term illness" www.acas.org.uk/dismissals/types-of-dismissal
and a link to a section about disability discrimination.

You could phone the free ACAS helpline for further information or advice and also go to your trade union before you start shelling out on solicitors.

Also bear in mind the time scale for lodging an appeal under your employer's dismissal procedure - and the time limit for an application to an employment tribunal if it ever comes to that.

Yes, and she is being advised that there is no need to do that. The union will be able to tell her if she has a case and to support her through it if she does.

No need for any of this. SHE IS IN A UNION