appeal against ihr.

[daveyeff]

following a stroke last june my mate was retired today on ihr. thing is though, he surprised everybody at work by RETURNING in november on light duties. he couldnd go back on deliveries however, because he also had problems with his legs. but he was hoping to procure a driving duty as he has since been passed and given the all clear to drive by the dvla. however ATOS disagreed and said he wouldnt be able to drive which put a halt on getting a collections duty (all be it p/t.). he has til wednesday to put in his appeal. he wasnt expecting to get the decision today, however, on phoning the area rep, he was told to his surprise that the decision had already been made by rm (and presumably agreed by the union) and he was going in today just to get the final figure for his ihr payment. he is totally shocked and in despair. i told him i would try and get some opinions on here. what are his chances of a successful appeal. especially in light of the fact that the governing body on driving for the whole of the country, has said he is ok to drive. yet the pantomime doctors of atos say he isnt. many thanks for any helpful opinions. cheers,,,davey.

[pokos27]

you need to get the union involved and the decision to issue ill health retirement is down to the dom.

[pokos27]

also there is some 9 month rule as well.

[daveyeff]

well the dsm was called in to issue the ihr. and yes i know about the 9 month regulation which they have clearly ignored.

[General Mannerheim]

The 9 month thing is a guideline,it is the period when a tribunal will `probably` say that an employer is entitled to dismiss somebody over capability...even then they might be on a dodgy wicket depending on the illness... as this chap was off in June and managed to come back on light duties then this seems like a case where he should firstly appeal against the decision to IHR him and if he doesn't get anywhere with that then take them to the employment tribunal for unfair dismissal.

As for Atossers they will have been asked some leading questions off the Dimwits and they will have provided a nice final report to the Dimwits to make their final decision and of course they will have been nice and provided a copy for your friend to see but what your friend should do is actually get the Business Referral Document to see just what questions the Dimwit will have asked Atossers quite often they will have put something quite stupid like "Please can you get rid of this turd as he's an old timer or a big mouth or he doesn't support Millwall or whatever football team you happen be nearest to".

If it's any consolation I got my job back after being IHR.