stopping pay whilst on sick

[terry1954]

I have been on long term sick with stress (caused by my wife having cancer) for the past 6 months or so and am now on half pay, i had a 5 minute consultation with the ATOS doctor so see if I met the criteria for ill health retirement, which as expected, came back with the answer no, and the ATOS doctor could see no reason why I could not return to work as is is my wife that is ill, not myself, I went to see my manager today (again) at his request for him to tell me that he is going to stop my pay next week, (what has happened to 6 months sick on full pay and 6 months half pay), despite having a sick note from my GP. can he do this ? , can an ATOS doctor overide your GP's opinion ? . I have been advised by my manager to resign and he will take my outstanding A/L as the notice period, this is not I feel a very happy outcome after 35 years service. What advice can anybody give please ?

[clashcityrocker]

You have rights under the Equality Act as your wife has cancer.
Does your Branch have a Disability Champion?
If not, try contacting someone at CWU HQ to better explain your rights given the circumstances.
Your DOM is a nice bloke......

The Equality Act also provides rights for people not to be directly discriminated against or harassed because they have an association with a disabled person. This can apply to a carer or parent of a disabled person.

[General Mannerheim]

Yes as Clash has said you can do these feckers for discrimination by association as your wife will certainly be covered under the Equality Act.
Do not resign that is what these t.urds want you to do,get in touch with a good Area rep at least who should be able to point you in the right direction.
Nothing surprises me with this lot having been through this sort of threat myself.

[terry1954]

Spoke to CWU HQ today, to be told my manager CAN stop my pay if he wishes and the union would not assist, Also spoke to ATOS legal dept (referred from RMHelp) who said my manager CANNOT stop pay as I have a contract that includes as benefits 6 months sick on full pay followed by 6 months at half pay, though it is a grey area if my GP or the ATOS doctor can override the opinion of the other healthcare professional, looks a bit like i'm stuffed if even legal teams can't agree

[Lincox]

If I was resigning in your circumstances it would be on the basis of constructive dismissal and heading for an employment tribunal. If the CWU are unwilling to help, which beggars f.cking belief, I would seek advice from the likes of ACAS or Citizens Advice.

[terry1954]

Thanks Lincox, Thats exactly what i was considering.

[Throgg]

I have been on long term sick with stress (caused by my wife having cancer)

I'm not being flippant here but your wifes health is not the issue (even if it is the cause of the problem).

YOU are off sick with stress.

Your doctor has given YOU a sick line because of YOUR health.

How can ATOS say that there is no reason for you to be off work?

How can your DOM stop your pay when you have a sick line and as ATOS legal department says you "have a contract that includes as benefits 6 months sick on full pay followed by 6 months at half pay"?


I was off sick with stress a little over 11 years ago. Although i was only off work for 4 months, it took nearly 2 years before i came off medication and got my life back under control.

YOU need time to sort your life out and the added burden of your pay being stopped will not help. I would inform my doctor what is happening and write a letter to your DOM explaining how his actions are now adding to your stress, thus hindering you recovery and CC it to his DOM, the CWU, ATOS and anybody else you think may be appropriate. I would think and hope that somebody higher up would respond sensibly and prevent your pay from being stopped.

[General Mannerheim]

Spoke to CWU HQ today, to be told my manager CAN stop my pay if he wishes and the union would not assist,

This is what happened to me as well when i was off,but according to the `expert` on here they can't stop your pay as the union will back you up(presumably they will come charging in through the curtains draped in a cwu flag and over sized underpants waving the attendance procedure),funny but that has NOT been my experience with them.