told to go home!?

[halfull]

hi there i am union rep in a delivery office & one of my guys who is on light duties due to a neck&shoulder problem has been told by our dom that he has no work for him so he has to go sick&not come to work??? atos & his doctor have both said he is only fit for light duties,so where does he stand on this?? can the dom even do this&if not any advice on what i should do is welcome & needed!

[stokes11eg]

hi there i am union rep in a delivery office & one of my guys who is on light duties due to a neck&shoulder problem has been told by our dom that he has no work for him so he has to go sick&not come to work??? atos & his doctor have both said he is only fit for light duties,so where does he stand on this?? can the dom even do this&if not any advice on what i should do is welcome & needed!

I don't know what kind of contract the chap is on, which could make a difference, but supposing he is permanant-- the very basic answer is, should the chap has developed a 'disability' which does not alloe him to carry out his normal duties,, then reasonable efforts MUST be made to find him something else. (In most fields, a 6 month window would be used here) and if nothing suitable is found, then he should be IHR. again, depending on his contract, if Managers say there is no work for him, and to go home, they are on very sticky ground.Advise you get Manger to either confirm in writing his reasons for sending man home, (you can insist on this) and an assurance this chap will not be staged for sickness, when he is willing to work within his capabilities.

[halfull]

hi there i am union rep in a delivery office & one of my guys who is on light duties due to a neck&shoulder problem has been told by our dom that he has no work for him so he has to go sick&not come to work??? atos & his doctor have both said he is only fit for light duties,so where does he stand on this?? can the dom even do this&if not any advice on what i should do is welcome & needed!

I don't know what kind of contract the chap is on, which could make a difference, but supposing he is permanant-- the very basic answer is, should the chap has developed a 'disability' which does not alloe him to carry out his normal duties,, then reasonable efforts MUST be made to find him something else. (In most fields, a 6 month window would be used here) and if nothing suitable is found, then he should be IHR. again, depending on his contract, if Managers say there is no work for him, and to go home, they are on very sticky ground.Advise you get Manger to either confirm in writing his reasons for sending man home, (you can insist on this) and an assurance this chap will not be staged for sickness, when he is willing to work within his capabilities.

he is a 28 hour part timer on a permanent contract for at least 9 years. he injured himself and has been placed on light duties by atos&his doctor so how can a dom send him home saying he has no work for him? and the dom already said it would go on his sick record!

[fishtank]

halfull you might want to read this... http://www.cwu.org/rehabilitation.html" onclick="window.open(this.href);return false;

1. Where the employee does not accept the rehabilitation offer or where no suitable alternative work can be found all the available options should be explored with the individual and documented.

[stokes11eg]

Doms cannot just sent people home saying there is no work for them. In a very broad sense, it is tantamount to sacking them without due process. As always, I'd advise chap writes directly to DOM, asking him to justify his actions,(he must respond in writing) and point out in the letter that Employment legislation, as opposed to R/M company policy does not allow this!
That should get the ball rolling. and if anyone else is off sick in your office at present, and comes back to light duties within the next couple of weeks,question your DOM!

[goldy]

This happened to me , injured at work told to go home i felt i was capable for work on light duties they still sent me home,recorded it as a accident on return gave me stage saying the injury was my fault didnt follow correct procedures, union did nothing to help they knew everything that had gone on im seething about this id love to take it futher but if union wont play ball were can i go?

[coxie]

When he spoke to ATOS they should have worked out a rehab programe with him, stating his light duties and that it's indoor work. If they done that then your DOM shouldn't be overruling this.

[NumptyBumpty]

Not really my field but if his Dr says he's fit to work then he won't be able to provide sick notes so they won't be able to pay statutory sick pay. Very dodgy ground. If he is being recorded as sick then RM will be paying statutory sick pay and claiming it back, which is fraudulent. Raise it up the chain, write to the DOM's manager (or even his manager) explaining the situation with a copy of the ATOS report.

[andy2007]

Can't he just refuse to go Home?
He's been passed as fit to perform light duties, and therefore doesn't qualify for sick absence. It's up to the Managers to find suitable work, even if it means going to a different site. What's the Manager going to do anyway?
Physically remove him from the site?
That would be Common Assault. An arrestable offence.

[IloveMYredTROLLEY!]

Would this not be treated in a similar manner to being sent home during the bad weather like we had before Xmas, i.e. if the employee is sent home by DOM/manager as there is "nothing available to do," the employee gets full pay and no repercussions?

So as long as said employee reports for work at their scheduled rehabilitation start time each scheduled day and each day they are sent home by DOM/ most senior manager due to no suitable work being available, the employee is fullfilling their side of the rehabilitation and it will be the DOM/managers that will get the grilling "from above?"

[not me]

hi there i am union rep in a delivery office & one of my guys who is on light duties due to a neck&shoulder problem has been told by our dom that he has no work for him so he has to go sick&not come to work??? atos & his doctor have both said he is only fit for light duties,so where does he stand on this?? can the dom even do this&if not any advice on what i should do is welcome & needed!

as an aside.does the union not supply its reps with a network and chain of command to get information of this type?

[stokes11eg]

The problem is, a lot of reps also just think ofRoyal Mail company policy, and forget there is employment legislation over and above that!