Does DOM have to take notice of ATOS?

[Chicken_Lips]

A chap in our office has been off sick which has triggered a stage 1. He's covered by ATOS but our Lino/DOM has ignored this fact and issued it. Can they do this?

In hope for advice please :)

[clashcityrocker]

What do you mean- "he is covered by ATOS2?

And yes they can do it.....because it makes them feel big and they don't get their baws booted by their boss.

[CJ12]

They do what they like, rightly or wrongly! I was bitten by a dog and suffered injury & complications later, i worked light duties at first ( collections & pkts only) then one day because a manager had to do my delivery, they tried to force me out on delivery even though i was unfit, i refused because it was too much too soon and was threatened with disciplinary action if i either didnt do delivery or go home ( had a fit for modified duties certificate, no cycling or walking long distances) from doctor so refused to go home on my own will, but did go home on the understanding it was because of managements threats. Atos agreed complications were most likely due to dog bite, DOM still issued my first stage one stating in their belief that my injury was not the cause of my sickness (WHICH IS TRUE AS DOM MADE ME GO SICK AGAINST MY WILL AND DOCTORS/ATOS ADVICE) I have a claim in against dog owner and RM have a 3rd party claim for the sick pay! Butif if my injury was not the cause of my sickness, how do they have a claim? No appeal at stage 1 & grievance proceedure (tried & tested) is a farce, whole stage 1 system is flawed. Short answer no they do not!

[postypie]

Funny how this topic has come up again.....a colleague of mine was told by a Dom,and in front of an Area CWU rep that RM managers do not always have to 'adhere' to what Atos say or recommend....the rep asked him to repeat this as he couldn't believe his ears...(The Dom didn't)..he was then asked to put in writing what he had said....again he refused....makes me wonder whether Atos know about this type of thing?

[TrueBlueTerrier]

Funny how this topic has come up again.....a colleague of mine was told by a Dom,and in front of an Area CWU rep that RM managers do not always have to 'adhere' to what Atos say or recommend....the rep asked him to repeat this as he couldn't believe his ears...(The Dom didn't)..he was then asked to put in writing what he had said....again he refused....makes me wonder whether Atos know about this type of thing?

Royal Mail have put it in writing albeit not that clearly but the implication is there http://www.whatdotheyknow.com/request/9 ... B.pdf.html" onclick="window.open(this.href);return false;

4. If management have any authority to any time disregard medical opinion of
employee’s GP or occupational health adviser?

The line manager is responsible for the workplace, his team, and their health & safety.
Although GP’s and ATOS Healthcare provide important advice to support the decision
making process, the line manager is the person who makes the final decision when
managing sick absence cases.

[Chicken_Lips]

If that's the case then what's the point of ATOS???

[wf]

There is no point in them ,according to cwu solicitor
It is "only guidelines " so they can take what they want from it
These days they are there to get you back to work or ihr you.fact

[NWpostie]

However as the manager is responsible for the safety and welfare of his staff, if his actions has caused a staff condition to worsen or be put at severe risk, he can be liable for legal action for any injuries caused by not following medical advice or Royal mail written procedures as in the Royal Mail code of practice.

if this is highlighted to the manager that he could be personally liable if he ignores official advice, I am pretty sure he will break out in cold sweat at the thought of losing his house to pay legal costs.

[toastie]

However as the manager is responsible for the safety and welfare of his staff, if his actions has caused a staff condition to worsen or be put at severe risk, he can be liable for legal action for any injuries caused by not following medical advice or Royal mail written procedures as in the Royal Mail code of practice.

if this is highlighted to the manager that he could be personally liable if he ignores official advice, I am pretty sure he will break out in cold sweat at the thought of losing his house to pay legal costs.

and so he should!!!

[fishtank]

If that's the case then what's the point of ATOS???

Even if someone has had a stage issued against the recommendations of ATOS it is very unlikely it will ever lead to dismissal through attendance,it's far too dodgy going to an Employment Tribunal having ignored the advice of your own OHS.

The real agenda behind it is to move the member along the procedure a few times to soften them up and then pop the magic question...how do you feel about IHR?

That is the point of ATOS.

[Jambomatt1874]

Even if someone has had a stage issued against the recommendations of ATOS it is very unlikely it will ever lead to dismissal through attendance,it's far too dodgy going to an Employment Tribunal having ignored the advice of your own OHS.

You want a bet, its happened to a guy in our office

[flaminmoses]

did he win his ET?