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 think everyone gets that… at the same time you have to treat everyone who verbalizes it the same way.

But what about the mental wellbeing of others, faced with someone who has thoughts of attacking someone, yet having to put their faith and trust into that person not to act in them. It’s a big ask.

Only until you have confirmed that they OCD.

But your employer does not know that you won’t act on your impulsive thoughts and she has the safety of her other employees to think of.

Why would these people even know? It’s highly unlikely unless there was some kind of confidentiality breach.

If you have a case then go for it.
I wish I pursued it when I was let go for long term sickness. I was suspended for being suicidal. I text my friend a worrying message and because they were also a colleague, I was suspended. My boss had my text printed out in massive font on paper, and was so "proud" to show me it.
I worked in a hospital. I self harmed, was never a harm to anyone else but was forced onto leave because my cock of a manager had it in his head that I would go round slicing into patients. And he told me that too.

I agree. But if the new nursery attendant tells you they're having intrusive thoughts about abusing your child once you leave? Could you really ignore it?

@PhoebeBuffay1234 Ive been diagnosed 4 times with severe ocd and it saddens me that people are misunderstanding!!! Thank you for your support, it means so much

But once they know someone has OCD and has spoken to someone in their HR/other relevant dept then they will know.

Yes agreed. I’m fairly sure that legally they couldn’t fire someone with OCD purely for saying they had thoughts about harming others, because of all the reasons mentioned above.

Nope… you can’t have it both ways. Just because OCD doesn’t make it more likely for someone to carry out harm it doesn’t make it less likely…

It's not illegal to sack someone with a disability.

You've not been sacked for your disability, it's for your absence and lack of capability to do the role.

Though, it does sound as if they didn't follow a fair process, so if you have over two years service you could claim unfair dismissal. And you might then find you can link that to disability.

Most OH departments are utterly useless and have zero expertise in the role(s) they’re assessing you for. They follow a bunch of generic checklists and have no ability to think critically or deviate from it. Their opinion isn’t worth the paper it’s written on.

I’m not saying what a parent should do in that circumstance but realistically someone who actually wanted to harm children wouldn’t be giving the parent a heads-up. Unfortunately there are many people who do very much want to and do harm children and their MO is very much to go under the radar, be charming etc.

That's not fair. The OP has been unwell for 7 months, she may well have bought her property years ago. A mental illness does not make you hapless, it can be a one-off, it can be managed well for years and sometimes flare, or for a few it can be a life long struggle. It's also not fair to say she had a restful year, having mental ill health is not fun, I expect the OP has had a very draining 7 months including working hard at getting the right meds (and dealing with side effects until stable) and at therapy. If you wouldn't make your comment to someone with physical ill-health, then don't say it to someone with mental ill-health.

hey I’m trying to gain some understanding. What did you mean by the statement for OH saying you’re your OCD is taking up a lot of your day? And did they mention the harm in their report?

I often used to say I wouldn’t wish OCD on my worst enemy but this thread is making me rethink that.

Just know that there are people out there who understand. I’ve had it for 30 years (triggered in pregnancy) and I honestly don’t know how I survived at times. And there is hope, I promise. I know it’s not easy but there is always the possibility you will feel better.❤️❤️❤️

Op some confusion in here, of course it’s not illegal to terminate a disabled employees employment.

it feels you have been dismissed under capability termination, you’re not able to do the job and the business cannot sustain further absences.

this is deemed legally acceptable. They do have to follow process, get the occ report etc. but they can do this.

It does, actually.

@XenoBitch I’m so sorry this has happened to you. It’s devastating that people don’t understand mental health these days. Hope you’re well now lovely

After I lost my partner in a horrific incident and got diagnosed with ptsd and depression, I went back to work after 2 months. You just have to pull your socks up and get on with it, mental issues or not, especially if you have a mortgage. Honestly sounds like OP was trying to game the system and got burned.

Actually in terms of describing intrusive thoughts about hurting others, there is literally no requirement for the employer to understand ocd.
A statement of having such thoughts is threatening in any social context, objectively. A good employer ought to have seen your comments as a safeguarding concern.

Your understanding of how things have played out does not include any acknowledgement of the position you have placed others in, yet you bemoan how your employer does not understand you!
OCD per se does not absolve you of social responsibility or having a proper knowledge of absence protocols, and it's difficult for many ocd sufferers that you present it this way.

Research suggests it actually is less likely though. People with harm OCD tend to be highly conscientious and have a very strict sense of moral code. That’s why even the thought of harming someone else distresses them to the degree they become mentally ill worrying about the thought. How many times have we thought we want to “kill or boss/kids/partner.” We don’t mean it of course it’s a passing thought. But the OCD person is so appalled by the thought they beat themselves up about it over and over.

This sounds crazy to me! Although I have sympathies for OP, I can’t imagine a manager employing a person who verbalises intrusive thoughts about wanting to harm people with a knife? If I have understood her correctly.

Ok, so it isn’t illegal to dismiss someone who is disabled, you need to make reasonable adjustments if needed and take their disability into account but ultimately they need to decide whether you are fit to continue work at this time.
You have been off a long time, I assume you have had other meetings in that time where they have made you aware of potential dismissal as an outcome? OH have deemed you unfit to work so that places the employer in a tricky situation.
yes appeal, but it’s not as easy as people make it out to “sue” and you don’t need a solicitor either at this point.

Have the appeal and present your case
If unsuccessful go through ACAS early conciliation and the company can decide if they want to settle

If not you can then submit the paperwork for an Employment Tribunal, however… it’s a long and painful process and I am hearing some places are scheduling hearings for 2029, so it’s not a quick fix .

In the meantime I would suggest applying for health related benefits and PiP if you remain too unwell to work

I’m sorry you are having such a hard time, but it won’t necessarily be an unfair dismissal just because you are disabled xx