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

I suspect you're right that people don't say how they're feeling. What concerns me is comments that people with OCD who fear harming colleagues are a risk to said colleagues. That's not true. That's not what OCD is.

Yes, I appreciate that, but I think that's where misunderstanding of OCD comes into it.

My point is that her manager isn't a mental health professional so can't make the call to understand or not. She had to refr.

The manager isn't a mental health professional, she referred to.occ health which is what ought to happen. To access a professional who CAN decide if it's a concern.

I am very good at my job when I am well. I had two years off sick many years ago with a previous employer and they kept my job open for me all that time

It's really not personal. Many employers can't keep a job open that long, either existing staff need to plug the gap or they have to appoint a temp and temps are usually stop gapping and will move on to something else before too long.

Where i work you would dismiss for long term sick at between 6 months and a year.

All pigs not equal

4 legs good 2 legs bad?

Exactly

Great news with the update - good luck with the new job!