ENFORCED ABSCENCE

[scoobydoo2]

I recently suffered couple of sprained ankles - then same ankle twice. First time I had annual leave the next week and managed to add a couple of days on to it so no abscence was incurred. However after the 2nd sprain my DOM decided that he was going to send me home sick as I was unable to perform my ' full contractual duties ' ie the delivery part. I explained to him that I was fine to do indoor duties, go to another office or even a mail depot. He said he'd look into it and refer me to ATOS but still sent me home ( after I'd prepped my walk). I phoned him up later in the day to confirm that my GP also supported me being fit for indoor duties and that I should be able to resume deliveries in a few days at most. He didn't like this and still maintained that I had to stay off until I was able to resume full duties. 8 days later ATOS finally got in touch and they fully supported me returning to work on indoor duties. The DOM still refused to have me back in the office!! All told, I ended up having 11 days off sick at home when I could have been at work. I'm not being a hero in wanting to come to work - its just I know how easy it is to trigger a stage and don 't want the grief or the worry ( especialy in the current state of the job market). I'm now back at work and very angry that I've been forced home sick and had my record affected by the DOM's over-reaction and unsympathetic attitude. He was a total s**t in the RTW interview - the notes he wanted me to sign were written in such a way that it sounds as if I got up and walked out of the place - he even managed to get the dates of the abscence wrong!! Any way - I really want to take this further - I just want to get as many views/opinions as I can on what I can do to sort this out!
cheers guys!!

[POSTMAN]

Unfortunately him sending you home the 1st time as you couldn't do a full duty is par the norm,the ATOS thing though is unbelievable,others on here will tell you it's happened to them with regards to ATOS being ignored,and 'fit' notes form Dr's,they have weak branches and reps though.It's totally out of order and should not of happened.

Get in contact with your ADR.

[scoobydoo2]

Forgot to mention - he wouldn't let me put either sprained ankle down in the accident book / ERICA because he insists both were INCIDENTS, not ACCIDENTS - even though both times I was out on my walk or absorbtion when they occured.

[POSTMAN]

Seriously,get your rep to get hold of the area guy,your manager's a twat.

[POSTMAN]

Oh forgot,any managers on the site lurking want to comment?

[Darren Bent]

I think Royal Mail need to use injured postman for indoor duties more effectively. I mean I had times when I couldn't walk well due to knees injuries and think I could do indoor duty but was sent home. What a waste of manpower.

[brothermagrew]

Forgot to mention - he wouldn't let me put either sprained ankle down in the accident book / ERICA because he insists both were INCIDENTS, not ACCIDENTS - even though both times I was out on my walk or absorbtion when they occured.

There can be few of us who, at one time or another in our working lives haven’t sustained some kind of injury in our places of work, or struggled with an illness brought on by what we do for a living. Whilst it is true that a certain degree of exposure to these things may well be considered a simple fact of life, it is important to recognise when our stoicism must be put to one side and we should give consideration to our legal and moral duty to ensure that, where appropriate, such occurrences are reported and recorded appropriately.

It has been a legal requirement for many years that the details of any injury occurring in a place of work are recorded in an accident book (ERICA system for Royal Mail employees). Most, however, are not aware that following the 1999 Management of Health and Safety at Work Regulations, there is now a legal duty placed upon all employees to report to their employer, any situations that pose an imminent danger to health and safety.

So, it is down to all of us to maintain safe working practices; but what should you do in the event of an accident? The very first action to be taken is to ensure that the appropriate person has been notified. This may be a Safety Rep, line manager, or simply the “boss”, depending on the environment.

Ensure that person has recorded accurate details in accordance with the law. These should include dates, times and places, along with a short description of the incident and how it was reported. No matter how insignificant the issue may seem, you never know just where a minor injury or illness can lead. If any claim for compensation arises then the entry in the accident book will become something of a cornerstone to the case.

Very often, simple accidents resulting in minor cuts and bruises can be put down to human error. The pain is minimal, the healing is rapid and there is probably little blame to be attributed. However, sometimes this is not the case and you may wish to seek compensation to help with the financial burden that a lengthy recovery will impose.

The relevant principle of law governing workplace compensation is that an employer has a duty of care towards his or her employees and if this duty has been compromised then a compensatory award is possible. The breach of the duty of care may be as a result of insufficient training, inadequate safety equipment, or any other action (or inaction) that would broadly be termed negligent.

Under the Health and Safety at Work Act 1974, there is a requirement to ensure that all workplaces and systems of work are safe and without risks to health. Additionally, the Management of Health and Safety at Work Regulations place a duty on all employees to report health and safety problems, including accidents, and Line Managers/Supervisors have a particular role to play in ensuring that any accidents or near misses that occur in their area of responsibility are properly investigated and reported.

[scoobydoo2]

Thanks for the responses so far - am I correct in saying that I should have been allowed to fill out the ERICA for both accidents? Does my DOM have the power to dismiss my sprained ankle as an incident? I am not looking to blame anyone for the accidents or claim compo - its just I feel I have the right to fill out the ERICA for peace of mind - any ideas on where I actually stand?

[brothermagrew]

Thanks for the responses so far - am I correct in saying that I should have been allowed to fill out the ERICA for both accidents? Does my DOM have the power to dismiss my sprained ankle as an incident? I am not looking to blame anyone for the accidents or claim compo - its just I feel I have the right to fill out the ERICA for peace of mind - any ideas on where I actually stand?

Suggest you view my posting in this thread and read the article in full (via the link provided).

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