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 it is because I am so good at my job that I have been kept on for years when I’ve been off sick.

It sounds like you're unable to work. Businesses can't afford to pay people for an indefinite amount of time. You're an admin worker taking up a lot of time and resources distracting people from doing their jobs. Extra work for HR. People to cover for you. Business need reliability. It sounds like you're unable to work and have several issues that aren't going away.

A perk of some jobs is income protection if you get unwell. My best friend has been "off sick" for over 10 years.

Is that through private insurance or does the workplace have to offer it?

It was a workplace thing, and a perk of working for them.
She has to have regular assessments about her health, but if she passes them, she still gets paid.

Not 10 years together, 4 years in the 1990s, 3 years in 2010s, 3 years in 2020s. That’s the reality of serious mental illness, struggling to keep going at work between long periods of crisis.

You sound incredibly bitter @PILEALLTHEPILLSONTHEFLOOR, why is that?

It’s a benefit some workplaces do offer, fewer and fewer do so as it’s very onerous on them

I'm just telling you the truth which is that people are replaceable and expendable this is common knowledge

All your posts on this thread have been unnecessarily vitriolic.
I have never been replaced so far. “All pigs are equal but some are more equal than others”

OP had obtrusive thoughts of harming others. You’ll find it upthread.

I own a business. It isn’t.

You don’t own any of the multinationals that I have worked at.

@MrsMigginsBrunch your workplace has an income protection scheme. However, very few workplaces offer this as a perk and there's a reason for it, it is far too financially onerous for them. You've been lucky but you can't honestly expect this to be standard treatment. We hear more and more every day of how challenging the job market is and how companies aren't hiring - then you read something like this and people wonder why?!

Mentally ill or not we all have thoughts that are best not shared. I think you’re asking to much of people to share such thoughts with them and not expect for them to be uncomfortable. I agree with advice given from a few other people that just saying you have OCD and struggle with intrusive thoughts should be enough.

It’s a good company benefit to attract top professionals, the same as company cars, private medical insurance, bonuses etc
I wouldn’t describe myself as lucky though to be so ill to need all that time off sick.

I mean this in the gentlest way OP but I don’t think you’re capable of work, you’ve said you are very unwell and see no end in sight. It sounds like they were right to block your return, if they need to fill your role they have no option but to let you go. It might not feel like it now but they’ve probably done you a favour. Focus on your health and wellbeing and look for work if/when you’ve recovered

Having been at board level for several multinational before I set up my own business, I know you are…..full of it. But, carry on, please 🤣🤣

@MrsMigginsBrunch to be fair, while you claim to be irreplaceable, you also say that you struggle to keep going at work in between long periods of crisis.It seems unlikely to be both.

Didn’t the OP tell her employer that she had thoughts about stabbing someone?

what can I say, my 50% productivity is better than most people’s 100%.

It's not. Bonuses are based on performance - companies aren't paying bonuses to people who take months of sick leave. Same with car, health insurance etc - yes they come at a cost to the company, but not the same cost as paying someone potentially months (or years) of salary for no work in return.

Which part are you doubting?

Are you by any chance off sick at the moment?