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Hi, my name is Tfo98! recently dismissed for unprofessional conduct, awaiting ADHD assessment

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Tfo98
Tfo98 Community member Posts: 2 Listener
edited December 2023 in Work and employment
Hi everyone, hope you’re all well!

I thought I’d introduce myself after lurking for a while and finally making an account after some difficulty I’ve been having at work.

I was recently dismissed for unprofessional conduct, I only have 15 months service so I’m unable to go for unfair dismissal. We’re appealing the dismissal on the grounds the penalty was unduly severe as I have PTSD, Depression, Anxiety, an eating disorder and awaiting an assessment for ADHD which we all know takes 18mths+.

I apologised for my conduct immediately (an unprofessional comment about a service user) and explained as my mental health was untreated at the time this contributed, I have at times had verbal outbursts from PTSD and this was confirmed in a medical letter which was provided to management and disregarded.

My line manager has been supportive on the whole, however it’s her manager who made the decision to dismiss and she stated she wasn’t willing to take ADHD into account as it’s “not yet diagnosed”, I suggested a referral to occupational health and waiting for the report to make her decision, however she decided to dismiss without taking up that option.

I was just wondering if anyone has any experience or advice regarding this? I’d get a private ADHD assessment but considering there’s an outlay of around £700-£1200 it’s a big financial risk to take when I’m facing losing the appeal!

Thanks in advance to everyone who replies and if there’s any questions I’m happy to help!

Comments

  • Albus_Scope
    Albus_Scope Posts: 5,145 Scope online community team
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    Heya @Tfo98 and a proper welcome to the community. I'm glad you're saying hi. :)

    I'm sorry to hear about your work, that sounds like a very difficult situation to be in the middle of.  For work related issues, I can recommend speaking to the lovely folk at ACAS, they're very well versed in disability issues. 

    Regarding your ADHD assessment, have you looked into Right to Choose?  The actual company varies depending on your location, but it can cut years off the waiting list.  My ASD assessment waiting time changed from 3 years, down to 6 weeks.
    Albus (he/him)

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  • Stellar
    Stellar Community member Posts: 131 Pioneering
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    Personally, I think you focus should be looking for another job above all else. Given the current economic climate and power imbalance between yourself and employers, realistically there's little you can do to challenge their decision in the timeframe you need.

    Given that your manager's boss is refusing to consider what you've suggested, it's possible upper management may have been looking for an excuse to dismiss you (whether you personally or just offrolling staff in general).

    You will be able to get around your termination in interviews. There is advice online on what to say to employers in job interviews regarding being let go, generally framing it as a learning experience and what you're doing to ensure it dosen't happen again is a good starting point.

    good luck

  • MW123
    MW123 Scope Member Posts: 548 Pioneering
    edited December 2023
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    @Tfo98

    Whether you can delay the appeal until securing a formal diagnosis is contingent upon the policies and procedures specific to your workplace. Some employers may proceed with an appeal based solely on the information available at the time of dismissal, while others may be receptive to considering additional evidence, including a formal diagnosis, during the appeal process. 

    If you're currently in the process of obtaining a diagnosis, it's advisable to inform your employer and propose that they take this new information into account during the appeal. Clarify the feasibility of this approach before investing a significant amount of money in a private diagnosis.

  • Tfo98
    Tfo98 Community member Posts: 2 Listener
    edited December 2023
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    Thank you @Albus_Scope @Stellar and @MW123 for your advice, it’s been really helpful to both read and reassuring to know I can rely on the Scope community when in times of hardship.

    Just a quick update, we’re looking at the appeal being mid-January and I’m hoping to discuss right to choose with my GP this coming week. I also had my first CBT appointment last week and she said the dismissal was extremely harsh, let’s hope she’ll put that in writing for me :D

    Once again, I just want to thank you all for your help and support. I’m hopeful of overturning the dismissal but also contingency planning looking into other opportunities. Regardless of what happens it’s good to know I can come on here and the community will have my back <3
  • MW123
    MW123 Scope Member Posts: 548 Pioneering
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    @Tfo98
    Thank you very much for the update. Wishing you the best of luck as you navigate through the upcoming appeal and discussions with your GP. I sincerely hope you find a moment to take a break from it all over the Christmas holiday, as facing something like this can be very draining. Wishing you a Merry Christmas 
  • 2oldcodgers
    2oldcodgers Posts: 743 Connected
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    Stellar said:
    Personally, I think you focus should be looking for another job above all else. Given the current economic climate and power imbalance between yourself and employers, realistically there's little you can do to challenge their decision in the timeframe you need.

    Given that your manager's boss is refusing to consider what you've suggested, it's possible upper management may have been looking for an excuse to dismiss you (whether you personally or just offrolling staff in general).

    You will be able to get around your termination in interviews. There is advice online on what to say to employers in job interviews regarding being let go, generally framing it as a learning experience and what you're doing to ensure it dosen't happen again is a good starting point.

    good luck

    It could still be a risk for any new employer especially if the job involves dealing with the general public.

    How society has changed. With the many things that I have said to others in the past would now see me in court for many offences!! 
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