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

Presumably you were one of those calling for John Davidson to be raked over the coals for shouting an involuntary racial slur due to Tourette's at the Baftas too.

If her manager knew anything at all about this type of OCD she'd know to be sympathetic and supportive and that these were nothing more than intrusive thoughts that would never be carried out.

I think this depends on if they said 'im really struggling with thoughts of harming stephany' or 'evergtime I see stephanys face I picture myself plunging a knife into it and her covered in blood'

OP if you fail on your appeal you will be dismissed. You can consider a tribunal appeal seek advice etc etc and may months down the line win some money. But it won’t give you your job back. I think it would be helpful to research how you can manage in the medium term financially and make plans accordingly.

No it doesn’t. A human is going to human. A person with OCD has the same capability to harm as anyone else.

I’m not arguing the OP here and very much believe that their doctor has determined that they are not any more of a threat as anyone else is. In the OP’s case I even said it’s likely unrelated to the OH decision.

But we’ll never know as it’s now becoming clear that the OP isn’t going answer related questions to that

The bottom line is that you’re not going to get useful legal advice here. You need to speak to a solicitor who can review the evidence and give you a honest view of your prospects of success.

You need to look at this situation objectively and try to take out the emotion or you risk flogging a dead horse, wasting time and money.

You can be fairly dismissed for ill-health if it prevents you from doing your job. Just because you disagree with that decision, doesn’t mean it’s legally unfair and it’s not the role of a tribunal to put itself in your employers shoes.

Can you do your job is the question, if you can it's unfair to the company if you can't, what can they do? What business can afford to pay someone who can't work? You need to look at benefits f you can't work really

People with harm OCD tend to be highly conscientious and have a very strict sense of moral code.

Tend to be … not incapable. Just like women tend to be less violent… not incapable as an example.

This all people are saying here. A person is still capable of harm even with OCD.

Yes of course, I agree. Anyone could theoretically do anything.

Don’t waist time money and angst on this, surely it will be long and stressful and very negative process. I’d use the money for something positive that you love.
Whilst it sounds horrible for you; you could also think about it from the perspective of the company and other employees who have been understaffed for 7 months.

So you’ve recovered and then been re diagnosed? Multiple times

You’ve been off since last summer, do other people carry your work when you are off, how does it impact the team, will your OCD be a factor when you return? If you’ve been paid all this time I would say your employer has been more than understanding. Just because you have a disability, it’s not a get out of jail free card, if they have followed procedures then you won’t have a leg to stand on.

And that is what everyone has been saying.

And on that note, I’m out. Can someone tag me if the OP ever responds to question about the OH comments on the time dedicated in the day on OCD?

I’m starting to feel like I understand why she was dismissed if she’s not able to provide basic information or answer a question.

The thing is the OCD is irrelevant here. You are not capable of doing the work the employer needs you to do as a result of it. It could be any illness. It makes no odds. Try and see it from their POV. They have employed you in good faith and you haven't done a stroke in seven months. In this economy, they have to protect themselves and try and run at full strength. Unless you have really really good evidence of discrimination, don't even consider legal action because it will cost you a fortune and what bit of your mental health you are clinging on to.
Let it go and concentrate on healing all day every day and when you are well, start afresh.

I'm sorry, that must've been awful. Well done for surviving and getting through (and I don't mean that glibly as someone who's had poor MH myself at times). Not everyone's mental health problem can be dealt with like that though. The OP has been deemed unfit for work by OH so she's obviously still struggling significantly.

Before you’re going to get anywhere with this you’re going to have to produce medical evidence which will rebut the OH. From what you’ve said here it sounds like a fair decision so you may well struggle.

Whilst it sounds horrible for you; you could also think about it from the perspective of the company and other employees who have been understaffed for 7 months

That is absolutely not a burden for the person off sick to bear.

It’s about what is sustainable from a business perspective. Seven months is unsustainable from a business perspective when OH have deemed you unfit to return to work. It’s that simple. Of course appeal the OH assessment and check they have complied with the law etc.

Not quite. They have to make reasonable adjustments not exhaust every avenue.

Yes you can actually as long as you can demonstrate that the dismissal would be a proportionate means of achieving a legitimate aim

It is not illegal to sack someone with a disability

Oh goodness I feel for you but we have a girl at work bi polar ocd anxiety you name it and while I desperately feel for her she is useless in the job and we are feeling like we are providing care in the community while she gets paid. Really hard for everyone involved but trying to put it across from the other side x

Erm, yes it is. You can't expect unlimited gimmes forever. 7+ months was generous!

You’re mistaken. There is no defence to discrimination.

think what you’re trying to say is this isn’t discrimination. That may be the case, we don’t know enough details to say if it is or not.

what adjustments can you make for someone threatening to harm colleagues?

No, the sick person doesn't bear the burden of the employers problem. It’s just a cost of doing business

employing people comes with risk.