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

Read my previous comments. They have said OCD and no other diagnosed disorder.

I think, as others have said, the lesson learned from this thread is never to tell anyone you suffer from harm OCD.

Her manager, when she disclosed harmful thoughts towards a colleague. Had absolutely no way to know this. What if she'd shrugged and said meh, OCD incapable of harm. But actually she was having a psychotic episode and stabbed Janet in the eye? Then on her defense said 'i told Margaret in a lucid moment I intended to stab Janet in her stupid face, she didn't act on it so I had no option but to go ahead'

Her manager is not a MH professional

But she didn't tell her boss she had OCD she told her she was having thoughts of harming colleagues.

I meant in general never tell anyone. Because, like others have proven on here there’s no attempt at understanding.

I also previously stated that if her manager didn’t know it was harm OCD, once he/she was advised that’s what it was (by Occ health) then she should act on their advice that would be that OP is not a risk.

I know this and again, see my last comment to Velumental.

It's not her manager who made the decision, it's HR. Based on her inability to do her job. Her manager was right to flag, she had no choice, HR have decided she can't fulfil terms of employment

Again, you’re not reading properly. I also know this.

Which part am I not reading properly? I'm saying OCD as a diagnosis for most people doesn't immediately mean harm OCD first of all. Second of all having OCD doesn't rule out other diagnoses OR just being a bad person who hates Janet who sits next to you at work.

Whatever you're saying that I'm not getting can you please explain.

You’re not reading/haven’t read all of my comments where I have stated

”I also previously stated that if her manager didn’t know it was harm OCD, once he/she was advised that’s what it was (by Occ health) then she should act on their advice that would be that OP is not a risk.” - which implies I agree that it is fine for the manager to take advice in the first place.

I have many times highlighted I am commenting on the situation of OP and others in general where they have OCD and no other diagnosed conditions. So comments about other diagnoses are moot.

I absolutely did read what you said

The manager only got involved at the point op disclosed harmful thoughts.

Then OP was off sick for months, after her return her manager raised concerns she still wasn't able to do her job due to the time tKen by her harmful thoughts, op herself states this was the case AND that she's still struggling to work.

HR then dismissed her as unfit to work.

Noone in this chain of events acted in a discriminatory way

Again, I said those things previously.

To be fair it's not usually colleagues that say this but parents about their kids or about their partner which you'd think is actually worse!

I don’t believe that is true at all. Anyone who has thoughts of wanting to injure their work colleagues and verbalising those thoughts, whether or not they have OCD, should not be in that workplace.

Another comment only fit for the 🙄 as a response.

The OP wasn’t joking though. So bizarre analogy.

Added to which, if a colleague jokingly expressed to their boss that they they violent thoughts about harming colleagues with a knife - I would be disturbed!

What would you do
@bigboykitty if one of your team expressed OCD intrusive thoughts about violently harming colleagues with a knife ?

I know she wasn't joking. She also doesn't really want to harm any of her colleagues with a knife. Context matters not just the words was my point.

Her colleagues are entitled to make their own judgement on the safety of working with someone who has stated she wants to injure them with a knife.
They can put their own context around op’s words.
Their piece of mind matters just as much as op’s.

Peace, obviously..,

Sure. And hopefully they read up about harm OCD before they jump to any conclusions.

They shouldnt have to if a man made a threat in the work place the management team or staff would call the police, a threat is a threat not a threat but I dont really mean it, it should be taken seriously no matter who makes it

That won't help. It's still there in the back of your brain.

You don't tell random people what your intrusive thoughts are. It'll always get you into bother with someone. Whether it's fair or not.

How do you know her mental state of mind? Unless you’re her psychiatrist or doctor?

In fact if she stated these thoughts in front of a medical professional, she may well be sectioned. If the doctors haven’t helped beforehand with medication. Not saying I’d want it to go this far.