off work now threatening to stop my contractual pay

[kitty1956]

re: my previous post off work and being asked to return to work
i have had three phone calls and two letters the last phone call today from assistant Dom saying Dom wasn't happy that i had refused to see him and was now forced to call to speak to me. i gave my reasons for not seeing him 1st time no tranport available 2nd time i prefered to see Attos first. well to cut along story short he said he would 100% guarantee that i would not be asked to do anything that would harm my back and because i still refused to go against my sick note he said he would consider stoping my contractual pay, can they do that

[OnAFlyer]

Absolutely no chance. Your doctor has told you not to work, a court would have a field day with an employer stopping an employees pay in order to force them back to work.

You have a case to put in a grievance as well as you are being harrassed whilst off work sick - however I would try and get to see your DOM though, you may not 'have' to, but it looks good on your part if you go in for a chat - DO NOT fold to any requests for you to return under the guise of light duties though. Be firm and tell him you aren't fit for any work yet.

[POSTMAN]

New trust,i lurrrrrrrrve it!

[uphillstruggle]

They can't stop your pay because you won't ignore your sick note and return to work.

What they could stop your pay for is refusing to cooperate (I'm not saying you have, just that it's a reason to stop RM sick pay and leave you just with SSP)
If ATOS put forward a rehab plan and you refuse to do it you could end up on SSP (but you can appeal the rehab plan before this happens and offer supporting info from your doc about why you can't do it)

You should have had a letter explaining what you need to do while on sick leave (keep in touch, update on change of condition etc). As long as you keep up your end of the deal you should keep getting RM sick pay and your DOM would struggle to justify stopping it.

[fishtank]

This is the briefing that managers work from with regards to stopping sick pay.
It is not an agreed document only their take on their obligations.

Continued Sick Leave

When an employee continues with periods of sick absence it is their contractual obligation to keep in contact with their manager, failure to do so could result in their pay being held as the conditions of sick pay state the following:

Conditions on which Sick Pay is Paid

Entitlement to sick pay is always subject to strict observance of the following conditions:

(a) Certificates of incapacity must be received by the business for all sick absences

(b) The business must be satisfied that an employee's absence is necessary and due to genuine illness.(c) The business reserves the right to refuse sick pay if an absence is due to, or is aggravated by, causes within the employee's control, or if the employee has neglected instructions given by a Doctor.

(d) An absent employee shall remain at their normal home address (other than to receive in-patient treatment) unless they have consent of their line or local personnel manager. Employees who are sick immediately before they are due to go on holiday must confirm to their Line Manager that they are going on holiday on the due date (unless sick absence continues and the employee remains at home). We also have to ensure that we are taking the appropriate steps to ensure we are providing the relevant support to our employees by using our health care professionals, Atos Origin. By maintaining this contact we can also look at alternatives. i.e. alternative indoor duties.

In the cases where this process is not followed for no known reason, Managers could take steps to hold an employees pay and change their absence from Sick absence to Unauthorised absence.

[andy2007]

re: my previous post off work and being asked to return to work
i have had three phone calls and two letters the last phone call today from assistant Dom saying Dom wasn't happy that i had refused to see him and was now forced to call to speak to me. i gave my reasons for not seeing him 1st time no tranport available 2nd time i prefered to see Attos first. well to cut along story short he said he would 100% guarantee that i would not be asked to do anything that would harm my back and because i still refused to go against my sick note he said he would consider stoping my contractual pay, can they do that

Just insist that your DOM comes to YOU. Why should you be expected to go to him, when you've got a back injury?!?
As Fishtank said: If you refuse to speak to the DOM at all, they'll probably stop your Sick Pay (even though they're wrong to do so). But that doesn't mean that you have to agree to anything. It's simply a case of keeping them informed. Although, why he can't count the phone call, as his interview with you, I don't know.

The important thing, is to wait until you've been properly assessed by ATOS, and you have a proper Rehab plan. BEFORE returning to work. And don't deviate from it.

[dados]

DOM stopped my sickpay last year,told me he needed a letter from the doc to confirm what was on the sicknote,ATOS said i was good to go (3 ligaments busted in knee,they knew better )it was stopped,until i threatened legal action,then i got a "emergancy payment" 3.30 fri afternoon,i looked it as another scare tactic,didn't work,altho i found it unpleasant that the DOM said it wasn't him,but i heard him on his mobile to the legal dept. in his office not 10 mins before my interview with him.............2 faced bas.......................