Re;Doctor or Occupational health assessor.

[Patrick henry]

This is my first dip so i hope there is an answer out there.
Does an occupational health advisor employed by royalmail and their assessment of someone fit for work supercede my(our)GPs assessment of not being fit for work and do they have the right to make me go back to work? even though i still under the advice of my GP. They seem to think its legal.Help in this matter would be helpful to me and useful to all our collleagues.

Big thanks,keep safe.

[Postal1]

Would be interesting. So i understand it your gp is responsible for say if he prescribed you drugs or issued a sick not. think it goes under a duty of care. now if atos supercedes your gp does this mean they take responsibility, thus if anything goes wrong you can sue them.

[Patrick henry]

I agree.interesting.However fact is still not established whether they can or cannot force people back to work.
managed return should be encouraged and the duty of care is crucial is all our resposibility but the question is still in the air,me thinks.

[clashcityrocker]

Ultimately the decision rests with your DOM, having taken on board all relevant specialist advice.
Can he do it? Yes
What is he going to do if you don't comply?
Why is he doing it?

[fishtank]

What is he going to do if you don't comply?....threaten to stop your sick pay.
Why is he doing it?......because the DSM told him to.

[Patrick henry]

Thanks for the responses everyone,but it seems something has been taken away from me without me knowing and do not know were i stand.
i am feeling a bit better should anyone care,but i am still confused.

[clashcityrocker]

What is he going to do if you don't comply?....threaten to stop your sick pay.
Why is he doing it?......because the DSM told him to.

He could threaten to stop your sick pay - but would he actually do it?
How heavily would the advice of a telephone interview from ATOS weigh against that of the GP who had actually seen you?
Why do they need to be so pathetic?

[Patrick henry]

Precisely,it lacks welfare.

[fishtank]

Precisely,it lacks welfare.

We have had this dilemma for a long time.
The attendance Procedure states that all absences are considered to be genuine,the sick pay policy states that the business must be convinced that the absence is genuine so Royal Mail think that gives them the right to decide when your absence is genuine and when sick pay can be stopped and therefore in essence force you back to work despite your doctor's wishes.

I had hoped that the new Attendance Procedure would address this anomaly.
It didn't.

[t-c]

While generally, your GP will know you as a person, know of your current medical ailments and advise what is is your best interests as their patient. Atos are predominantly interested in what you can do while you have a medical condition, taking the "medical history" from you just about the current illness. And so can judge what you can do for the company while you have an underlying medical problem.
They will also advise, if they believe a condition is covered by the Equality Act for DDA.

But I have to be honest, Atos are crap! If your getting advice that you believe contradicts your GP, go back to your own dr and discuss what ATOS have said, and see what they believe is right. (After all, ATOS as an independent service, although paid for by Royal Mail... so much for them being independent ) But Royal Mail will usually take ATOS advice over your GP, as it serves Royal Mail to do so.

[Patrick henry]

Thanks.keep up the goodwork.

[royal male]

Well I'm a bit bemused by all this now.
During a recent absence of a few weeks I was told Categorically by my area rep that the G.P. fitnote over rules all else and is law.
I used this argument with the Dom, and it was accepted without (much) question, the Doc said NO and NO it was!

[POSTMAN]

Depends on areas and screws,most of you lot have serious c***s for managers,whereas my way we just have c***s.
Never has a doc note ever been ignored at my place or an ATOS report/rehab plan.

[zac]

I've just had my DOM on the phone to me. My back spasmed out on delivery over a week ago. I reported it to him He said get out of bed earlier tomorrow and stretch.(?!) I went inot work on Tues in pain. Line manager tried to make me take out a small bit of a walk out. DOM sent me home sick.
I saw my GP on the same day who said it's muscle spasm. Physio said rehab you're back. NO lifting heavy weights or bags of mail. So he said a 3 week break from everything. I sent my sick note from my GP yesterday (I still have a copy) who said unfit for work for the allotted time. I got a phone call this morning saying can I come in and do bits and pieces(?)
I've got another physio appointment this Friday morning and the DOM is refering me to atos. (Again). He certainly isn't helping the old stress levels. Is this sort of thing nationwide or are these people just put into certain offices to annoy people?

[REDLETTER]

This is my first dip so i hope there is an answer out there.
Does an occupational health advisor employed by royalmail and their assessment of someone fit for work supercede my(our)GPs assessment of not being fit for work and do they have the right to make me go back to work? even though i still under the advice of my GP. They seem to think its legal.Help in this matter would be helpful to me and useful to all our collleagues.

Big thanks,keep safe.

This answer is yes, Atos do over rule your GP, that's what an Industrial Tribunal will say.

A GP Fit Note is only advice, so if your have been seen by an Atos doctors, they are what Royal Mail will go with.

And I speak from experience