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

A few things...

1. I would ask why that person was telling me these thoughts, ie do they have impulses, are these new thoughts, etc

2. I'd ask what they are doing from a medical point of view, counselling, Dr's, medication, what not. I would be checking if this was a diagnoses or self diagnoses.

But I would be inclined to medically suspend with a meeting with occ health arranged asap.

I took her comments on board.

I doubt you would get anywhere you gad harmful thoughts about a knife in work
So yes they sound within there rights to sack you .having a disability does not trump others safety

Off sick for 3 years?? But how could you honestly expect to keep your job? And why would you even want to?
This place is an education at times, it really is 😮

Well, hopefully you'd receive some education and, if you persisted regardless, get sacked.

When reading OP's posts, I imagined that her 'unnecessary steps' are what take up too much of her working day, per her occ health assessment. Many people with OCD feel compelled to perform rituals and/or repeat mantras, which they irrationally believe will keep them safe. When OCD is severe, these can take hours.

OP hasn't replied to the many posts asking what they meant when they said it takes up too much of the day.

I'm very sorry you're in this predicament, @KittyCoo and it's obviously a good idea to find out if you may have a case. You'll be making the stress even worse, though, if you perseverate over being dismissed for having OCD when, in fact, it looks like their reason is that the condition leads you to be incapable of doing the job properly.

I know this may look like splitting hairs. I was dismissed after having a long time off with a mental illness - it was my need for time off that made me superfluous, not the thoughts in my head.

It's good to know you've found treatments that are working. I hope your psych will fix you up with suitable support to help you come to terms with what's happening. All the best.

@KittyCoo what was the outcome? Did you take it any further?

If your OCD is debilitating and affects your work for much of the day, Occupational Health and your employer have the right to say no.
The union is your best option first of all, if you want to challenge.

So the update on this:

I did pursue the legal route and sought advice from an employment lawyer who said there’s a strong case for unfair dismissal but because it was a public sector job it would be difficult to sue them. I then forwarded this to someone very senior and I made it very clear that it was in no one’s best interest to take it to a tribunal and pushed for a settlement agreement. After negotiations with the solicitor, a settlement agreement for both sides was reached back in June with a neutral reference and changed to resignation.

Im now about to start a 0hrs job

I'm glad you got a decent outcome.

But it's rubbish that it would be hard to take a public sector employer to tribunal. It's no different to any other employer that way.

In fact, if anything, getting a settlement is harder.

Why would I expect to lose my job for being ill?
And why would I want to lose my job?

Do you plan on going back to work?

Yes

And this is why.

Thank you for the update OP. I remember this thread but didn’t post as I have no experience or insight to share. Are you happy with the outcome? I am not familiar with 0 hrs job/ don’t know what that means but I wish you the best. Stay strong and take care OP.

I call BS.

It’s no more difficult to take a Public Sector organisation to Tribunal, than a Private Sector company one. The rules are the same for both organisations.

Even with a documented health condition, employers are entitled to let staff go if unable to return to work, or likely to be off again. I had a serious health issue 15yrs ago, and eventually had a major surgery. I was always fully aware I could lose my job if unable to attend regularly. Thankfully for me, major surgery helped a lot and not had a day off in 5yrs but it was very difficult having to go into work the day after released from hospital. People seem to think employers can’t sack people for genuine illness but yes they can.

@Lavenderandbrown thank you for your message.

Im happy the dismissal was taken off my record then I don’t have to declare it in future. A 0hrs contract means you don’t have to work a certain number of hours a week, but if the employer offers you work, you don’t have to accept it and equally the employer doesn’t have to give you work

Why would anyone want to keep you is more the question...

This sums it up for me.

That’s excellent news. Im glad you got a good outcome. And I’m sorry your thread
is still attracting arsehole replies

I'm confused. People with OCD don't actually act on their thoughts. They just fear they will, no? Why are you under the impression that she poses a risk to her colleague or anyone?

I'm saying if she stayed thoughts of harmibg her colleague to her manager her manager couldn't take chances.

I imagine most people with intrusive thoughts about harming others don’t make the objects of such thoughts aware?
Of course the manager can’t just blithely put it down to OCD and have her continue working with the colleagues she’s professed to fantasise about harming.