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manager going against atos

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wakkono
Posts: 392
Joined: 21 May 2007, 17:14
Location: south wales valleys

manager going against atos

Post by wakkono »

Had an interview with atos last week and they decided i didnt have to go back to work until i have seen a specialist at hospital and got a diagnosis on my illness.Had a call today from my DOM asking if i was fit for light duties whilst i am waiting to see the specialist. told him what atos had said and he said yes i know i have had the report from them but i still think you may be ok for rehab duties here inside the office .
Told him to get lost and i was taking the advice off atos and my own doctor and he wasnt best pleased but i stuck to my guns!

My question is to you guys is can my Dom try and go against atos?
rural driver south wales valleys
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: manager going against atos

Post by fishtank »

An Atos report is simply guidance.
A report from your GP is simply guidance.
A manager can override that guidance but he has to understand that he will have to justify that decision to both his superiors and possibly an Employment Tribunal.
Considering Royal Mail pay ATOS a great deal of money to provide this guidance and an ET will be aware of that,and your managers lack of medical training,the decision to ignore an ATOS report is pretty much like risking your P45 to a manager.
What he hoped you would do is come in on light duties.
Will he be willing to stake his job on it and try again?...doubtful.
good times, bad times you know I've had my share
flaminmoses
EX ROYAL MAIL
Posts: 819
Joined: 05 Jul 2009, 14:17
Gender: Male

Re: manager going against atos

Post by flaminmoses »

oh
your dom actually got the full set of reports from ATOS!!!!

an important one was conveniently "not sent" to him and ive been sacked.

funny how atos occupational health doesnt come under any governing body....so if they make a mistake like they have with me they cant get done by a medical council etc.
easter bunny
Posts: 378
Joined: 01 Jul 2007, 20:08

Re: manager going against atos

Post by easter bunny »

fishtank wrote:An Atos report is simply guidance.
A report from your GP is simply guidance.
A manager can override that guidance but he has to understand that he will have to justify that decision to both his superiors and possibly an Employment Tribunal.
Considering Royal Mail pay ATOS a great deal of money to provide this guidance and an ET will be aware of that,and your managers lack of medical training,the decision to ignore an ATOS report is pretty much like risking your P45 to a manager.
What he hoped you would do is come in on light duties.
Will he be willing to stake his job on it and try again?...doubtful.

It is not guidance it is a recommendation . ATOS cannot decide if you can or cannot come back to work . Especially when the interview is by telephone by a practioner .

The argument I always used was the RM referred you to Atos for their medical expertise ( I use that word politely) then don't accept their advice .
Your Manager is not medical qualified at all . Remember that ....
fishtank
Posts: 19732
Joined: 28 Sep 2007, 17:22
Gender: Male

Re: manager going against atos

Post by fishtank »

easter bunny wrote: It is not guidance it is a recommendation .
Potato/potato

Definition: recommendation
Synonyms: admonition, advisement, advocacy, aid, caution, charge, consultation, counsel, directions, dissuasion, encouragement, exhortation, forewarning, guidance, help, information, input, instruction, judgement, lesson, news, opinion, persuasion, proposal, proposition, recommendation,

:neutral:
good times, bad times you know I've had my share
easter bunny
Posts: 378
Joined: 01 Jul 2007, 20:08

Re: manager going against atos

Post by easter bunny »

fishtank wrote:
easter bunny wrote: It is not guidance it is a recommendation .
Potato/potato

Definition: recommendation
Synonyms: admonition, advisement, advocacy, aid, caution, charge, consultation, counsel, directions, dissuasion, encouragement, exhortation, forewarning, guidance, help, information, input, instruction, judgement, lesson, news, opinion, persuasion, proposal, proposition, recommendation,

:neutral:
Recommendation always sounds better than guidance ....

To decline a recommendation with absolutely no medical knowledge whatsoever does wound me up . I certainly wouldn't return to work on the instruction from the manager . A grievance at the very least is warranted .


I very rarely saw a Manager decline a recommendation from ATOS... If ever...
User avatar
POSTMAN
SITE ADMINISTRATOR
Posts: 32779
Joined: 07 Aug 2006, 03:19
Gender: Male

Re: manager going against atos

Post by POSTMAN »

Never been done at my place,what ATOS says goes.There would be murders if they tried.
Screws are playing a dangerous game,muppets.
I Wrote-During Covid-Which is still relevant now
It's good to get these types of threads, the ridiculous my manager said bollox, so we can reassure ourselves that while the world is falling apart, Royal Mail managers are still being the low-life C***S they have always been.
My BFF Clash
The daily grind of having to argue your case with an intellectual pigmy of a line manager is physically and emotionally draining.
steven100
Posts: 1391
Joined: 09 Aug 2009, 12:35
Gender: Male

Re: manager going against atos

Post by steven100 »

POSTMAN wrote:Never been done at my place,what ATOS says goes.There would be murders if they tried.
Screws are playing a dangerous game,muppets.

Its called the recession!!!
General Mannerheim
EX ROYAL MAIL
Posts: 2299
Joined: 14 Dec 2007, 13:10
Gender: Male
Location: Stalag 17

Re: manager going against atos

Post by General Mannerheim »

POSTMAN wrote:Never been done at my place,what ATOS says goes.There would be murders if they tried.
Screws are playing a dangerous game,muppets.
The screw in our place does it all the time. :roll:
Royal Mail managers.....about as popular as a t.urd in a swimming pool!
The DDA/Equality Act demands action,NOT words......adjustments NOT Occupational Health referrals.Case No:2505901/09
Royal Mail is an Equal Opportunities Employer..It discriminates against everybody.
BarnsleyLackey
Posts: 349
Joined: 24 Aug 2011, 16:07
Gender: Male

Re: manager going against atos

Post by BarnsleyLackey »

wakkono wrote:Had an interview with atos last week and they decided i didnt have to go back to work until i have seen a specialist at hospital and got a diagnosis on my illness.Had a call today from my DOM asking if i was fit for light duties whilst i am waiting to see the specialist. told him what atos had said and he said yes i know i have had the report from them but i still think you may be ok for rehab duties here inside the office .
Told him to get lost and i was taking the advice off atos and my own doctor and he wasnt best pleased but i stuck to my guns!

My question is to you guys is can my Dom try and go against atos?
If you go into work, when not fit, against the recommendation of your doctor, and you have an accident...It will be your fault. Your DOM's response will be "Well why did you agree to come back, if you weren't 100%"

Be very careful mate.
REDLETTER
EX ROYAL MAIL
Posts: 748
Joined: 27 Oct 2008, 19:00
Gender: Male
Location: EX-ROYAL MAIL

Re: manager going against atos

Post by REDLETTER »

BarnsleyLackey wrote:
wakkono wrote:Had an interview with atos last week and they decided i didnt have to go back to work until i have seen a specialist at hospital and got a diagnosis on my illness.Had a call today from my DOM asking if i was fit for light duties whilst i am waiting to see the specialist. told him what atos had said and he said yes i know i have had the report from them but i still think you may be ok for rehab duties here inside the office .
Told him to get lost and i was taking the advice off atos and my own doctor and he wasnt best pleased but i stuck to my guns!

My question is to you guys is can my Dom try and go against atos?
If you go into work, when not fit, against the recommendation of your doctor, and you have an accident...It will be your fault. Your DOM's response will be "Well why did you agree to come back, if you weren't 100%"

Be very careful mate.
Does the insurance Royal Mail have cover you if you go back to work and ignoring the advice of ATOS or a doctor, just because the DOM wants you to? Even if it's light duties?
BarnsleyLackey
Posts: 349
Joined: 24 Aug 2011, 16:07
Gender: Male

Re: manager going against atos

Post by BarnsleyLackey »

REDLETTER wrote:
BarnsleyLackey wrote:
wakkono wrote:Had an interview with atos last week and they decided i didnt have to go back to work until i have seen a specialist at hospital and got a diagnosis on my illness.Had a call today from my DOM asking if i was fit for light duties whilst i am waiting to see the specialist. told him what atos had said and he said yes i know i have had the report from them but i still think you may be ok for rehab duties here inside the office .
Told him to get lost and i was taking the advice off atos and my own doctor and he wasnt best pleased but i stuck to my guns!

My question is to you guys is can my Dom try and go against atos?
If you go into work, when not fit, against the recommendation of your doctor, and you have an accident...It will be your fault. Your DOM's response will be "Well why did you agree to come back, if you weren't 100%"

Be very careful mate.
Does the insurance Royal Mail have cover you if you go back to work and ignoring the advice of ATOS or a doctor, just because the DOM wants you to? Even if it's light duties?


Is that question rhetorical? If so, I honestly don't believe it even counts for anything. Simple case of: If you weren't fit for work, you shouldn't have come in. The only time I've ever heard of insurance related accidents is one off, non-illness related things, like falls and van crashes etc.
It's the same carry on with pulled backs, in this day and age of trolleys. People keep chancing it, but the first trip or fall or injured back - "Why weren't you using your trolley?"
Stormproof
Posts: 6116
Joined: 07 Jul 2007, 21:03
Gender: Female

Re: manager going against atos

Post by Stormproof »

Stay off because as soon as you go back no doubt you'll trigger a stage, then you see the specialist and he advises you to go off for a while you will trigger another stage. Don't think for one minute RM will link the sickness, the will try to do you for both.
So keep on moving, moving, moving your feet
Keep on shuf-shuf-shuffling to this ghost dance beat
Just keep on walking down never ending streets


Illegitimi non carborundum
Dee Plish
EX ROYAL MAIL
Posts: 282
Joined: 04 Aug 2009, 18:05
Gender: Male
Location: Atop many steps

Re: manager going against atos

Post by Dee Plish »

They tried to pull that stunt (ignoring ATOS advice) with a colleague. The person stuck to their guns, got the CWU involved and were well on the way through the grievance procedure towards an employment tribunal. Alarm bells rang at Area level and SOM upheld the grievance before it got to an external hearing.
Had the employment tribunal took place, RM would have got a pasting.
We know managers THINK they know more about medical matters than qualified practitioners. The FACT is they DON'T!!! Pretending they do puts them in a no win situation in the eyes of the law of the land - which is something bigger and more important than the Royal Mail bubble they inhabit.
BarnsleyLackey
Posts: 349
Joined: 24 Aug 2011, 16:07
Gender: Male

Re: manager going against atos

Post by BarnsleyLackey »

Dee Plish wrote:They tried to pull that stunt (ignoring ATOS advice) with a colleague. The person stuck to their guns, got the CWU involved and were well on the way through the grievance procedure towards an employment tribunal. Alarm bells rang at Area level and SOM upheld the grievance before it got to an external hearing.
Had the employment tribunal took place, RM would have got a pasting.
We know managers THINK they know more about medical matters than qualified practitioners. The FACT is they DON'T!!! Pretending they do puts them in a no win situation in the eyes of the law of the land - which is something bigger and more important than the Royal Mail bubble they inhabit.

Agreed. And not only medical matters, but the duties too, which have changed god knows how many times since they did em. Some of them haven't walked since postmen used to empty the boxes while doing their deliveries, never mind since the days of second deliveries.