Has anyone successfully fought IHR and how?

[toastie]

I was invited by Royal Mail to put forward reasons why I should not be ill health retired a week ago - long story but I managed to say all I needed to say and I am now awaiting the outcome. Trouble is I am so impatient and hate waiting for the news - good or bad!

Has anyone else won their fight against IHR and how did you do it?

[rehabron]

I was invited by Royal Mail to put forward reasons why I should not be ill health retired a week ago - long story but I managed to say all I needed to say and I am now awaiting the outcome. Trouble is I am so impatient and hate waiting for the news - good or bad!

Has anyone else won their fight against IHR and how did you do it?

Personally I have not fought IHR but it would depend on various factors and also remember you have a right of appeal to the decision if the result is not in your favour assuming that in your case you have not taken it to appeal stage yet.
If you have gone through the OH Assist process with your medical condition have they recommended IHR with no other alternative?
Have you consulted your own GP and what was his/her advice ?
What is your length of service and have you been long term sick at various intervals for the same condition ?
If the prognosis of your condition either by your GP or OH Assist is with a rehabilitation plan or modified duties to assist in your recovery and eventually you will be able to return and be capable of performing the workload that is required by RM then IHR ( dependant on your age) would be premature and this would be the basis of your argument for refusing IHR.

[toastie]

I am unable to comment too much due to legal action about the whole situation but I was just wondering if anyone out there had been successful in fighting IHR (which really is unnecessary)? and how did they do it?

[codger657]

I am unable to comment too much due to legal action about the whole situation but I was just wondering if anyone out there had been successful in fighting IHR (which really is unnecessary)? and how did they do it?

I had IHR forced on me 4 months ago still waiting for appeal also done an Et1 so be prepared if it don't go your way

[General Mannerheim]

Getting a letter off your medical team that disagrees with Atossers (or OH Assist as they like to call themselves these days ) is a good place to start,then get your Area Rep or Equality Officer involved(but don't be surprised if they agree with Royal Fail ),don't take their bullshit and fight your case all the way even if that means a court case
PM if you want to take things farther.

[toastie]

Thank you both for your replies - it is unbelievable what they can get away with but I have been fighting since March too and am taking it all the way - I have had loads of support from union - and would you believe that even atos have supported me! but what DOM says goes and its like banging your head against a brick wall - Good luck with your appeal Codger and thanks for support General

[roger]

Thank you both for your replies - it is unbelievable what they can get away with but I have been fighting since March too and am taking it all the way - I have had loads of support from union - and would you believe that even atos have supported me! but what DOM says goes and its like banging your head against a brick wall - Good luck with your appeal Codger and thanks for support General

Do you come under the DDA ?

[osgoody1970]

yes, they forced IHR on me some 15 years ago, because of a bad back, got my specialist to write them a letter, stating I was fit for work, and had to keep active, to help with my back problem, I won my appeal.

[toastie]

Osgoody that's good to hear - I presented a similar drs note to that at my IHR meeting but as yet still not heard the outcome - so you never know!! lol although that's the third one I've given them saying the same thing - but they might surprise me yet! and yes Roger I will be covered by the Equality act (or DDA)

[roger]

Osgoody that's good to hear - I presented a similar drs note to that at my IHR meeting but as yet still not heard the outcome - so you never know!! lol although that's the third one I've given them saying the same thing - but they might surprise me yet! and yes Roger I will be covered by the Equality act (or DDA)

I represented a colleague who had been IHR,but in this case it all stemmed from a resign.We had a resign at our MC the person in question was DDA but no duty was ring fenced for her ,she never got any duty in the resign so was made a reserve,over the course of the next few months most out the duties that she was put on she found very hard to do and started to have time off sick ,to cut a long story short she was IHR,she appealed against it .It was at this point that I found out about the situation ,I did a bit of research and thought that she should do a grievance not against the IHR but against the process that led to her being IHR ( Not treating her as DDA in the resign).It went to stage 3 ,on the day of her IHR appeal the grievance stage three manager found in our favour,he informed the IHR appeal manager that he was going to reinstate the post woman under the grievance procedure.I don't now if this helps your situation but there are ways to fight IHR if the circumstances are right.

[toastie]

Thank you Roger - your story sounds very similar in places to mine as does Codgers and Osgoody - and 4 months from the start it really is a nightmare - Still waiting. I could do with it being over now!

[codger657]

Thank you Roger - your story sounds very similar in places to mine as does Codgers and Osgoody - and 4 months from the start it really is a nightmare - Still waiting. I could do with it being over now!

Toastie so you had your appeal and your waiting the outcome?.

[toastie]

Codger - no but looking back at previous posts of yours we have a lot in common although I am still employed and awaiting the result of my stage 3 grievance appeal meeting. Another Royal Mail Manager met me last week and asked me to put forward reasons why they should not IHR me - I made it clear at that meeting how wrong this all was but I have been doing that in every meeting since March.