ATOS can overrule your doctor/surgeon?

[fatmike]

I recently had sick pay suspended because I hadn't returned to work after ATOS said that I could. (I spoke to my surgeon about the ATOS plan, and he said there was no way I could return to work that soon). So I had a note from the surgeon to sign me off an extra couple of weeks.

I just spoke to HR and they said it's Royal Mail policy that your pay can be cancelled if you don't return to work when ATOS say you can. They can overrule any advice from a doctor and any sick note you have. Given that I couldn't physically drive to work when they wanted me back, this seems like one the stupidiest policies imaginable. Anyone else had this problem? The union are trying to help me but I'm not sure what they can do if this is RM policy? The lack of common sense in this company is incredible.

[Nigel1505]

ATOS are part of DWP.I would take legal advice as to whether they can do this or that. Don' t believe anything RM says because as they have Royal in their company title, they think they rule the country.

[worktotime]

I recently had sick pay suspended because I hadn't returned to work after ATOS said that I could. (I spoke to my surgeon about the ATOS plan, and he said there was no way I could return to work that soon). So I had a note from the surgeon to sign me off an extra couple of weeks.

I just spoke to HR and they said it's Royal Mail policy that your pay can be cancelled if you don't return to work when ATOS say you can. They can overrule any advice from a doctor and any sick note you have. Given that I couldn't physically drive to work when they wanted me back, this seems like one the stupidiest policies imaginable. Anyone else had this problem? The union are trying to help me but I'm not sure what they can do if this is RM policy? The lack of common sense in this company is incredible.

go seek legal advice mate , it doesn't sound right and take em to the cleaners they make there own rules up . good luck.

[krussel]

In theory RM can try to sack you if you are sick just the same as any other business. However they risk a expensive tribunal which they will most likely lose.

[rehabron]

I recently had sick pay suspended because I hadn't returned to work after ATOS said that I could. (I spoke to my surgeon about the ATOS plan, and he said there was no way I could return to work that soon). So I had a note from the surgeon to sign me off an extra couple of weeks.

I just spoke to HR and they said it's Royal Mail policy that your pay can be cancelled if you don't return to work when ATOS say you can. They can overrule any advice from a doctor and any sick note you have. Given that I couldn't physically drive to work when they wanted me back, this seems like one the stupidiest policies imaginable. Anyone else had this problem? The union are trying to help me but I'm not sure what they can do if this is RM policy? The lack of common sense in this company is incredible.

You have a medical certificate from your GP stating that you are unfit for work covering a certain period and that is sufficient and is a legal document.
There will be occasions when OH Assist ( ATOS) contradict the decisions of GP by stating in their opinion you are fit for work even though you have a medical certificate saying different and If RM wish not to honour the medical certificate and you suffered a detriment in your medical condition then they could in effect breach their Employee Liability Insurance.
Have you received a form SSP1 for your signature giving the reasons for the stoppage of SSP as you can appeal this decision.
Under The ERA 1996 Chapter 18 Section 13 the right not to have unauthorised deductions from your wages.

[Nigel1505]

Unless the law has changed over the last few years, you cannot be sacked whilst on the sick. See an employment solicitor. Free half hour consultations are available at most decent practices. GET THE RIGHT ADVICE MATEY.

[IcanthelpthewayIam]

Unless the law has changed over the last few years, you cannot be sacked whilst on the sick. See an employment solicitor. Free half hour consultations are available at most decent practices. GET THE RIGHT ADVICE MATEY.

there has never been a law which states you can not be sacked whilst on sick

[ldsposti]

This don't sound right to me. I have been through ATOS many times and have always come out on top, They listened to what I had to say and if need be my consultant will step in, If I mention my consultant at all ATOS seem to step back and say they will take the lead from my consultant and I have never had any problems, I think where some people fall down is homework in your referral to ATOS there you will find there are questions from your dom to ATOS about your illness everyone should challenge these questions I have and it is now at a stage where my dom is not allowed to deal with any sickness that I have and it got to the stage where he had broken the data protection act and it was ATOS who was going to report him, As things are now ATOS are going along with everything my consultant says, My advice to all is do your homework before any meetings with ATOS and speak up if someone is wrong, They do not like to think that we posties know our stuff get them on the back foot they will soon back off, I hope things work out for you and the union back you.

[Jamesethefirst]

I recently had sick pay suspended because I hadn't returned to work after ATOS said that I could. (I spoke to my surgeon about the ATOS plan, and he said there was no way I could return to work that soon). So I had a note from the surgeon to sign me off an extra couple of weeks.

I just spoke to HR and they said it's Royal Mail policy that your pay can be cancelled if you don't return to work when ATOS say you can. They can overrule any advice from a doctor and any sick note you have. Given that I couldn't physically drive to work when they wanted me back, this seems like one the stupidiest policies imaginable. Anyone else had this problem? The union are trying to help me but I'm not sure what they can do if this is RM policy? The lack of common sense in this company is incredible.

Do they ever stop and think? This company in my experience has an abysmal reputation with GP's and the like,exactly because of this sort of thing. Especially when it comes to ignoring their advice gained after many years of practice. ATOS know nothing ,nothing about your condition ,only the surgeon is qualified (unlike ATOS, who are not medically qualified). I hope the union is as outraged by this as we are.

[Nigel1505]

Unless the law has changed over the last few years, you cannot be sacked whilst on the sick. See an employment solicitor. Free half hour consultations are available at most decent practices. GET THE RIGHT ADVICE MATEY.

there has never been a law which states you can not be sacked whilst on sick

[fatmike]

The union are being very supportive. I just couldn't believe that Royal Mail are technically within their right to stop my pay over this (This would probably work in their favour in any legal matter, but there's no harm in getting some advice).

I just don't see how somebody on the end of a phone is more qualified than a medical expert who is dealing with me individually and able to examine the problem himself. The funny thing is that I read the rest of the sick pay policy. Royal Mail can also stop your pay if you come back to work and then go off sick again with the same problem because you didn't follow medical advice. You can't win!

Thanks for your responses. Will see where it goes from here.

[DirtyHarry]

Why on earth did the CWU agree that such an appalling company as ATOS, could in effect, harrass people off work through illness?
And is there any danger that the CWU will agree to something with RM bosses that actually benefits its membership?
Answers on a postcard to.......

[BoltonPostie]

Why on earth did the CWU agree that such an appalling company as ATOS, could in effect, harrass people off work through illness?
And is there any danger that the CWU will agree to something with RM bosses that actually benefits its membership?
Answers on a postcard to.......

What?
The union does not have a say in who RM wants to employ as it's occupational health service.
It's a little unfair to lay the blame of how f***ing s**t Atos are at the door of the union.

[flaminmoses]

Take it you phoned up your dom to let him know you were re signed off and to get another atos phone assesment?
If not then i can see why your dom is playign silly buggers.

Other than that it could be a tacic to put pressure on if you need the money.

some doms are really snidey bastards and will try anything.

[DirtyHarry]

Why on earth did the CWU agree that such an appalling company as ATOS, could in effect, harrass people off work through illness?
And is there any danger that the CWU will agree to something with RM bosses that actually benefits its membership?
Answers on a postcard to.......

What?
The union does not have a say in who RM wants to employ as it's occupational health service.
It's a little unfair to lay the blame of how f***ing s**t Atos are at the door of the union.

You're probably right.
The CWU isn't a significant enough presence in the workplace to be consulted on changes to established procedures.