A question

[flaminmoses]

If ATOS fail to give you their full report from a referal are they in breach of anything???
Also are they suposed to send all reports to yourself as well as your dim?

What happens if they had sent all the reports to your dim but he / she refuses to acknowledge them in a conduct case or even worse only use the part which suits his case and not mine?? (bearing in mind i didn't have the FULL reports to back up my case)

[fishtank]

Access to Medical Reports Act 1988
http://www.legislation.gov.uk/ukpga/1988/28/section/1" onclick="window.open(this.href);return false;

1 Right of access.

It shall be the right of an individual to have access, in accordance with the provisions of this Act, to any medical report relating to the individual which is to be, or has been, supplied by a medical practitioner for employment purposes or insurance purposes.

[100%]

Have you asked ATOS for a copy of report? (I have received reports without any problems.) Give them a ring and ask.

[flaminmoses]

thanks.
ive got the full report now anyways but i had to really fight and threatened legal action if i didnt get it.

get this though.

on the numerous times i phoned them up they said what they sent originally was all they had on file.
two weeks later im still complaining and all of a sudden the second part "had been sent out to your dom back in **/**/****"

now going back to my opening post....what if the dim knew not having the missing part of the two part report made it look like he was right to sack me because there was "no evidence" to suggest i had a serious problem?
it looks a bit more than a bit dodgy to me.

basically either my dim has done something very dodgy or ATOS made a genuine mistake which led the dim to have a "valid" if not moral reason to sack me.


where do i stand?
ive put in a complaint to ATOS and wait for their respone.
What if they come back to me and are adamant they had sent the report to my dim (he gave me the unimportant part).
where does that leave him??

[fishtank]

You can even have access to any reports before your manager as long as you notify ATOS when you give them consent to compile the report.

[flaminmoses]

Have you asked ATOS for a copy of report? (I have received reports without any problems.) Give them a ring and ask.

yes but the report they sent just stated what process i went through rather than what the report was from the practitioner i actually saw.

my dim was trying to make out there was nothing wrong and by not having written proof what was wrong he could legally sack me still.

[flaminmoses]

You can even have access to any reports before your manager as long as you notify ATOS when you give them consent to compile the report.

thanks i'll remember if i get my job back.

but have to ask why did my dim get a reort and not me????originally?

[mazza111]

Did u ask for it originally or after the fact?

[flaminmoses]

Did u ask for it originally or after the fact?

they had normally sent out reports to me as well.

[fishtank]

If it was a genuine mistake it would/should have been picked up at appeal.
That's exactly the kind of evidence appeals look for.
If it didn't come to light until after the appeal then it becomes more difficult as at an ET your manager can argue that the evidence contained in the missing part of the report was not available to him when he made his decision to dismiss you....therefore it was fair given what he had to go on.

If ATOS are adamant they sent the report and have any proof at all your manager may find himself fighting for his own job.
Getting ATOS to back you against their cash cow might be difficult though.
I would advise contacting a solicitor...sharpish.

[flaminmoses]

ive had an appeal...awaiting a decision.

the report is now complete and with the appeals person.

ive got an IT form ready and waiting and was thinking of going down that route even if i get my job back.

surely it would be a case of my dim v ATOS (who he has stated "we pay them to get you back to work")

would i need a solicitor as im currently awaiting decision? and then going to a union solicitor if i lose to see what my chances are?

[flaminmoses]

also even if it was a genuine mistake surely a mistake which gets someone sacked isnt right??

[fishtank]

also even if it was a genuine mistake surely a mistake which gets someone sacked isnt right??

I'm afraid that as i've said before on here(tin helmet time) Employment Tribunals are not really about deciding right from wrong...they are about whether an employer applied it's procedures properly and fairly given the information available to them at the time.

[flaminmoses]

also even if it was a genuine mistake surely a mistake which gets someone sacked isnt right??

I'm afraid that as i've said before on here(tin helmet time) Employment Tribunals are not really about deciding right from wrong...they are about whether an employer applied it's procedures properly and fairly given the information available to them at the time.

yeah i understand that.

but what if after the event or even during it if someone was proven not to have followed procedure that lead to your sacking then surely i have a case for sueing them??

bearing in mind i was given a report which i thought was complete and there was no way of knowing until i did some digging.