The OH report consisted of a 15-20 minute telephone interview with an outside agency hired by the company. It focused completely on my ability to return to work at that moment. I answered every question fully, they actually spent a lot of the time talking about how a phased return to work could be handled. It states clearly that the interviewer was in no position to comment on the historic severity of the condition and that further investigation is suggested.

I may have a case because they said they were going to get medical reports and they didn't. One OH report on my current state of health is insufficient. I don't have any cases I'm afraid, there's not been much time to do the research yet.

The solicitor, who read most of the paperwork, advised me that I absolutely have to appeal as the correct investigations had not been carried even though they had been cited in the dismissal. He thinks the case is quite strong and is there if things need to go to a tribunal. My GP, Psychiatrist,CPN and CBT therapist are all in the process of writing on my behalf. They're quite annoyed about the lack of investigation and the way I've been treated. I may have an idea what their strategy will be, slightly loathe to disclose it (I'm still paranoid after all) I did appeal and am awaiting an appeal tribunal. To those looking at this as an academic exercise, feel free I've done it myself in different circumstances, however in my case you're dealing with Scottish Law and occasionally that can make a difference,

I never disputed that, but all four of the professionals helping out with treatment have stated that was caused by my illness. They told me the company would have to tread carefully when dealing with mental illness and that they would never allow me false optimism as that would be very detrimental to my treatment. After the dismissal i had a consultation with a respected local solicitor, it was purely for advice he had nothing to gain. He said at this stage that its not about right or wrong but correct procedure and due process. They adjourned the first hearing to obtain medical/psychiatric reports, they did not do this and the wording of my dismissal letter clearly says they investigated medical information.

For the record the charges were entering the premises on my own

At this stage I honestly don't know what my desired outcome is. The dismissal was so wounding and confusing. The OCD has probably been there for quite a while just slowly building. There was a new manager a bout a year ago and I've always felt that he never really wanted me there. There were only a handful of people working there, with some who were often on the sick, the ones who always seem to recover just before a sick note was needed. Also more than our fair share of the type who seem to raise complaints with management over the tiniest little thing. I was easygoing, quiet and a preference for just getting on with things but it felt like others were being tiptoed around and my feeling could be bulldozed over because I put up with it. My treatment shows that I have a real tendency to think the worst will happen and that slowly built into the overwhelming conviction that it was all my fault. My psychiatrist (and CPN, CBT therapist and GP) are all fully behind me and of the opinion that the erratic behaviour is completely explainable by my condition. They are all furious over the dismissal. I have the OH report (paranoia is useful I made sure I kept a copy of everything) there were no Psch reports but he's writing one for me now.

A lot of questions that I’ll try to work through but I appreciate the help I’ll just state from the beginning that we are dealing with one of the smaller outlets of a large company. I’m not sure how much I can say whether I’m giving too much away or probably being too vague. But they do have a designated HR department which is why my medical advisers where convinced they would be acting with all the due care needed when dealing with mental health. The OCD was entirely focused in the work environment, fueled entirely by my utter conviction that I will be blamed for everything. Any discussion with my Psychiatrist would have been told that whilst this condition was extremely debilitating at the time but with my good response to treatment and CBT would become completely controllable. The given reasons for dismissal were Gross Misconduct, a Breach of Trust resulting from failure to follow correct procedures. There was no discussion of an alternative role. A number of communication with me or my advisers (post dismissal) focus entirely on the ability to return to work, whether my illness would be a hindrance, even a planned phased to return to work. They didn't dismiss me because of my illness, they dismissed me because of the symptoms of the then undiagnosed illness. If anything they are refusing to acknowledge there is an illness. I received the dismissal letter and replied within the 7 days they stated. I said I believed the decision had been made on unreasonable grounds citing the lack of investigation on their part. I have actually just received a letter asking me to attend an appeal hearing this Friday at 1pm. I have not lodged a grievance with the company yet. I do have a contract etc. I was told I could take a work colleague, union adviser, rep to the disciplinary hearing but didn't. I have a strong feeling that they may not have taken my claims of illness seriously because of this.

Thanks for bringing that up, the Equality Act has come up before and I'm unsure of the specifics. The diagnosis of OCD (plus anxiety and depression) was made early post suspension and the HR department was kept informed throughout, there was even a long term sickness informal meeting. According to the Psychiatrist it fully explains the erratic behaviour. (things like reentering the building, I was obsessed by the fact that if things weren't finished it would all be my fault) I explained this in the first disciplinary hearing. The company have chosen to dismiss me without making any medical investigations

I've worked there for 10 years and there was no hearing at all to speak of after the adjournment. I was just wheeled in and dismissed, They said they had looked at the medical investigations but all they had was a report into my fitness to work now (which was very positive, I've done a lot of work on fixing the issue). Not one medical official was contacted till after the meeting. The dismissal itself was very abrupt and felt quite dismissive of my medical condition

Hi. Brand new to the forum and just hoping to run my situation past everyone for feedback. I was put under suspension for Gross Misconduct for policy infringement (nothing that involved anyone else and nothing like theft). This initial suspension caused a serious breakdown this however led to a Psychiatric diagnosis of amongst other things OCD which according to my mental health professionals and my GP completely explains my erratic behaviour. I was on sick leave for a couple of months but my companies HR department were kept fully aware of the diagnosis and any changes in treatment. My therapist etc assured me I have done remarkably well and I made the decision myself to come off sick leave and face a disciplinary hearing. When I went through the hearing the interviewers had no information at all about my medical condition, which I tried to explain now appeared integral to my behaviour, They consulted with HR and told me they would adjourn the meeting for further investigation with my GP and Psychiatrist. I had a letter requesting permission to access medical records for which I gave my full consent ( I had already filled in another of these forms weeks earlier but though better than pointing this out). I also had complete faith in my medical team. There was a short telephone interview with a Occupation Health firm hired by the company which entirely focused on my ability to return to work. When the meeting was reconvened I was basically told that they had looked at the research but that I was dismissed, no questions or interview just go. I then found out that not one of my medical professionals had been approached for information. To make matters worse a letter arrived at my GP 2 days after the hearing requesting medical information (it was dated 2 days before the meeting). I've had legal advice that I should appeal and am awaiting a reply but I'm just looking for feedback about the rights and wrongs of the situation.