Dom has threatened to stop my pay whilst on sick

[gluteus maximus]

This is importamt, are you under the care of a GP or specialist
Royal Mail cannot stop your pay unless there is a contractual term in your contract of employment

[Fat Head]

Crazy, hes done it. I just got a letter from him. Part of the letter says *therefore I am letting you know it is the very fact that Atos have decreed that you a now fit to return to work makes your continued absence now unauthorised. For this reason I am stopping your pay with immediate effect*

I've told rep who is going to speak with area rep. He thinks it will go to divisional rep to sort. How long will all this take, if not sorted i will have no wages next week.

[NWpostie]

Did you warn him that he is breach of the law regarding withholding pay ? That should stop him in his tracks, as it is he has proceded is not looking good, time to bring in the big guns, you have his letter as evidence.

[gluteus maximus]

As i am not employed by Royal Mail, but am afffiliated to a trade auanion.

Tell me, if the manager wishes to stop pay, does he not have to follow a disciplinary procedure first. He just cannot stop the pay on a whim as sick pay is both statutory, and in the case of Royal Mail, contractual as well.

The manager is in breach of not only the disciplinary and grievance procedure, but also the industrial relations procedure Royal Mail has. I am appalled they think they can get away with this, This is no more than psychological harassment

[gluteus maximus]

You need to send your manager an email/letter

Tell him that suspending your wages is in contravention of section 13 employment rights act, unlawful deduction of wages. Tell him that unless the wages are restored you will have no allternative to place a claim with the Employment Tribunal Service. Head the letter as a "Letter before Action"

Mind you, your Union Branch should be educating the manager on his statutory duties, not you, that is why you pay your subs

[fishtank]

The contractual conditions for sick pay in Royal Mail are.

Conditions on which Sick Pay is payable
Entitlement to sick pay is always subject to strict observance of the following conditions:

1.Self-certificates or medical certificates, including ‘fit notes’, must be received by the business for all sick absences

2.The business must be satisfied that an employee's absence is necessary and due to genuine illness

3.The business reserves the right to refuse sick pay if an absence is due to, or is aggravated by, causes within the employee's control, or if the employee has neglected instructions given by a Doctor

4.An absent employee shall remain at their normal home address (other than to receive in-patient treatment) unless they have consent of their line or local personnel manager

5.Employees who are sick immediately before they are due to go on holiday must confirm to their Line Manager that they are going on holiday on the due date (unless sick absence continues and the employee remains at home)

Obviously the manager is relying on condition two to justify stopping your sick pay but that isn't going to fly because according to your GP your absence is both genuine and necessary.
You could also remind the idiot of condition 3 which states that The business reserves the right to refuse sick pay if an absence is due to, or is aggravated by, causes within the employee's control, or if the employee has neglected instructions given by a Doctor.

[dvbuk55]

This from the very same managers who are going to embrace the new agreement with dignity, respect et al And folk wonder why there is a deep distrust of the managers and the union for even suggesting there is a new horizon dawning.

[Himaggen]

Other than what has been said with regard to the unlawful deduction of wages and breach of statutory and contactual entitlements, It is the business which has has breached contracts, not the Manager. Do not write to or email the Manager, take immediate legal action against Royal Mail and put a Stage 2 Grievance in against the Manager.

[Fat Head]

Thanks so much for all advice on this. It sounds lke that are chancing the luck but surely they know what the should and shouldn't do. I've still not heard anything from union since i spoke with rep again this morning. This is starting to cause me stress as i am now thinking if this drags on i will wont be able to pay this months mortgage payment. I'm feeling more angered as the day goes on. Thanks again for help

[Fat Head]

If i did go back to work and something happened to my neck or upper back that put me further behind me getting right. And it happened because i was at work. Who would be to blame?

[Himaggen]

If i did go back to work and something happened to my neck or upper back that put me further behind me getting right. And it happened because i was at work. Who would be to blame?

You should not go back to work now whilst under your GP's fit note, without having first consulted with an employment law specialist. Your entire case against your employer could suffer as a result.

[Fat Head]

If i did go back to work and something happened to my neck or upper back that put me further behind me getting right. And it happened because i was at work. Who would be to blame?

You should not go back to work now whilst under your GP's fit note, without having first consulted with an employment law specialist. Your entire case against your employer could suffer as a result.

Thanks but i imagine an employment law specialist will cost more money than i can spare. Will the union speak to them or do we have our own?

[Himaggen]

Your Union subscriptions cover legal costs through a Union appointed Solicitor. Additionally at most locations a Solicitor will run a free open advice service, (where if your were to take in the documents already mentioned throughout this discussion), they would inform your quickly of your course of action.

[Son Of God]

Chase your rep to get this dealt with ASAP. Do not let this to be sat on.

[tasam]

It may also be worthwhile showing the letter to you gp because your employer is questioning his competence assessing your fitness for work.
Not dismissing the fact that you are being told to disregard medical advice.