The Mathematics of Phased Return.

[Almostinscotland]

A friend of mine is undergoing a rehabilitation program at RM's insistence that involves a two hour 50 round trip. The rehabilitation program itself lasts for 6 hours, once a week.

That's quite a long day for someone suffering trauma but his DOM is exerting extra pressure. My friend is studying at college and only does three days and 11 hours total normally at RM. The rehab schedule has him in for 1 hour, three times a week (i.e. his contract) to begin, which is obviously 3 hours and which will increase slowly.

The DOM says this is a pathetic number of hours and wants him in for FOUR days. His contract is for THREE days. Obviously I'm asking in the first instance on his behalf, can they actually coerce you to work more days regardless of the small number of hours worked ? Surely not.

Secondly .......... as his phased returns builds up he will eventually exceed his contracted number of hours because the physio is way above his normal daily work span. He will ultimately be doing two x three hours at RM and six hours in Rehab which equals 12 hours. And he's only contracted for 11 hours. If he doesn't want to work overtime and clearly wants to complete physio when he's travelled so far, what's his position on this ?

Finally, and thanks for bearing with me, can he take travelling time into account ? He's told me it takes three hours round trip but he always adds an half hour on the way there incase of delay. Seems reasonable.

That's something like a ten hour day if there's a hic-cup. I'm reluctant to give RM credit but the mileage allowance is reasonable. Does that get them off the hook slightly with regards to seeming to be understanding with travel issues ? The bottom line is my friend is doing something like 12 hours in total when he's fit and drives into work comfortably but longer than this eventually on rehab', that seems insane.

[POSTMAN]

Is this through ATOS?

[Almostinscotland]

It is Postman, it's ATOS arranged and the rehabilitation program takes place at the headquarters of one of the agencies they go through ( my workmate doesn't want identifying so apologies for being slightly vague). I've actually contacted a barrister friend on his behalf ........... and one who has been called to the bar so isn't what you would call a mug ....... and he's discussed this case quickly with a collegue who is more specialised.

Brief though his initial dialogue was, he's told me that there are so many companies out there who at present think they can make up the law as they go along. He says they hear anecdotal evidence almost daily of firms who seriously believe that company policy overrides legislation. I'm not about to enter into debate with my learned friend (and he is my friend so forgive the pun) but I don't believe these companies are that naive. I think they know they are in the wrong but are playing some sort of percentage game, basically saying "come on then, if you think we're out-of-order, take us on". I honestly think they're building up a reservoir of litigation like the banks did with ill health insurance and it'll come back to bite them.

Lloyds TSB are a Helluva lot bigger than Royal Mail, they're recruiting more staff right now to deal with the PPI scandal. I wouldn't be amazed to hear one year from now that companies like ours are getting slaughtered in the courts for riding roughshod over employee rights. The country isn't what it was, I don't think it's quite reached the point though were you can treat your workforce like something off the sole of your shoe and get no comeback.

Keep a diary folks, there's a word CONTEMPORANEOUS that basically means recording things as they happen. It carries a lot of weight in court, firms like Royal Mail arrogantly and sloppily treat the concept with contempt. That attitude will ultimately help to undermine their cynicism and lack of respect.

A big up to people like Postman and Fishtank (and many others) who I see regularly helping posters, you're much needed.

Thanks.