Return to work interviews

[Himaggen]

Whether your Manager should or shouldn't carry out the procedure within a certain time frame is not the crux of your dismissal. You can certainly bring it up in a list of things which may be used to show a lack of attention by your Manager, but it will only help you if you have an argument against the dismissal.

You need to show that information which you, (party), provided regarding your condition was given insufficient consideration and resulted in your eventual dismissal.

If you continue perform your work with a medical condition knowing that it is having a detrimental effect on your health and welfare, you cannot claim that its someone else's fault because they didn't ask you how you were coping.

[Jayfin]

Ive never said it was down to the lateness of r. T.w interviews that I got dismissed for , what I'm saying is if it's on rm paperwork to do r.t .w on the day you return to work they should do it . it's not for an employee to go to the managers asking it's down to the manager ti ask you in for an interview I feel two weeks is a joke Because as ive said when it comes to the nitty gritty appeal managers look at these rtw formd and in my opinion two weeks to do a return to work is a mistake on rm side and that return to work form should be ignored . Because obviously times moved on so it's not accurate .

[Himaggen]

I understand that if you provide answers pertinent to two weeks later at a two week later interview then the information may not have the accuracy it may have had two weeks earlier. If you gave answers pertinent to two weeks earlier, (had you remembered that long ago), at a two weeks later interview then the responses may have had greater accuracy.

I have no idea what answers you provided in that two weeks late interview, but you need to look at the bigger picture. If you told them that you were okay, you cannot claim them negligent after the fact for making you work. If you told them that you were 'not better' then you'd have documented proof that they were aware of your continued condition.

[Jayfin]

I fully understand that , but one question on the r.tw form is do you require atos healthcare obviously if they did it on the day they should , you might need it ,two weeks less likely , appeals manager will ask why u refused atos healthcare , like you should accept it when offered, my point is if managers ate delaying rtw by up to two weeks in my case your less likely to need it . My point is even though I don't know my decision the underlying feeling is it went against me even though it was two weeks after I returned to work . You give me the impression that you think rm managers are caring that's far from the truth at my depo . They use bullyboy tatics into making you take out your duty when you've returned to work after absence if you can't they send you home and then it incurs another absence . I fully appreciate not all rm managers r like this , but I believe there should be give and take on
Both sides because we both want the same result , but I can only speak about my depo and it's all give by the workers to the management , we've got a manager before youve asked hes already said no , until they want o.t taken out I've done 2 rounds frequently to help them out ,

[Himaggen]

You obviously told them in your interview, (two weeks late), that you didn't require an ATOS referral. This means that a referral two weeks earlier would not have been necessary. Evidence shows that you managed to work without referral or light duties for two weeks at the end of which you were 'better'.

Unless you can show that you'd complained about this bullying either by grievance/B&H report or during stage interviews, then it is unlikely to be of any real use to you to claim it now.

If your Manager sends you home then you have attended and that cannot incur another absence, your Manager has decided that he does not have suitable work for your particular circumstances.

[Jayfin]

You still haven't answered my question take my circumstances out of this , should rm do a return to work interview on the day you return as it clearly states on their paperwork , because like I said before if they can do it when they want why put it on there in the first place , It's a simple yes or no ,

[Himaggen]

Yes they should but no they don't have to.

To expand on the answer, it is unreasonable to expect that the Manager will always be able to resource this into their usual duties. It is however unreasonable that a Manager cannot resource for it within the next day, unless there are documented reasons, unforeseen circumstances etc.

[Jayfin]

I believe it's on their paperwork for a reason that it should be done on the day you return , I've passed mine on to a solicitor who deals with employment law and health and safety law , because as far as I can see there breaking there own procedures . Ive known people get off stages because there's been no rtw done so obviously rm make mistakes .

[POSTMAN]

If it is on their paperwork,despite something else being on other paperwork you 'may' get something out of it.
You can only try.

[fishtank]

You can only try.

Exactly.
There is no point in worrying about what will stick and what won't...throw everything at them...something might.

[Himaggen]

As I stated earlier:

You can certainly bring it up in a list of things which may be used to show a lack of attention by your Manager, but it will only help you if you have an argument against the dismissal.

Your Manager may very well have been using artistic licence with 'the figures' too and whilst that is not the proper procedure it also didn't have any detrimental effect on your situation. In this case RM counsel will show that this lack of adherence to procedure did not change the detail of your dismissal. In fact they'll probably congratulate the Manager for saving them the associated costs in wages/cover and ATOS referral fees.

I know it seems like I'm being overly negative towards your chances but just saying that you have a maverick Manager is unlikely sufficient reason to win your appeal.

[Jayfin]

I'm hoping by law they have to abide by what's on their paper and it shows up as neglect and incompetence nothing to do with ne having a vendetta against my manager while I'm on notice I'm still giving 110 for him , it's not about personalities . Rm tell their workers you have to abide by our standards or else we will take you down the conduct code , if I can find something which they think they might lose then they might overturn their decision .

[hantsman]

I'm hoping by law they have to abide by what's on their paper and it shows up as neglect and incompetence nothing to do with ne having a vendetta against my manager while I'm on notice I'm still giving 110 for him , it's not about personalities . Rm tell their workers you have to abide by our standards or else we will take you down the conduct code , if I can find something which they think they might lose then they might overturn their decision .

is the appeal mananger from the same work area?

[Jayfin]

Does that make a difference , yes from the same region

[hantsman]

Does that make a difference , yes from the same region

Do they both know each other?