My DOM wont follow my doctors fit note and letter

[amy220575]

Hello,

At the moment i've been compelety signed off work from a ongoing condition (yet to have a proper diagnosis). I have muscle weakness in left leg and foot which is quite bad , a swelling on soul of foot and no reflexes on my left leg and foot also centralised pain in my lower spine which i had MRI scan done on last friday. The doctors did not want me returning to work but i wanted to so they agreed but only if i and my work followed the fit note and the letter from my chropipdoist who is examining my foot. The letter and fit note stated i must either work on a flat round which is accessible for me to use the LWT or do indoor work. They recieved this information before i returned to work the first time. Yet they totally ignored it and tried to put me back on a steep hilly round with steps, which caused to me go off in the first place due to the amount of pain i was in. I questioned this to only be met with hositily and the attitude of my DOM of why should i help you, he then tried to make me go on HCT job which is A heavy and B all three storey flats plus. I said i couldnt do this and eventually the other manager in the room suggested a round which was a little better but still with two steep hills and steps and the majority of loops are very difficult to use a LWT with as there is no pathway, steps to house so its out of your view. I went out on this round which caused me a awful lot pain also caused me to go over on my left ankle several times due to the weakness of the muscle. I went over by nearly two hours, the driver had to help out alot, i felt awful putting this pressure on another colleague. When i returned to the office i tried to find a manager to discuss the level of pain i in was etc but low and behold they had all gone home.
I feel like i have no support of my direct line manager, he has already harrassed me before, he has threaten me with Medical Retirement even though we have no idea what the issue is and if it can be treated, he wont follow the health and safety guidelines put down, he grills me like im a suspect in a crime and he has also turned up at my house unannouced whilst i have been off ill. I tried to put a compliant in agains him, for his manager and my union rep to say there is no point cause nothing would happen. I feel i have no support off anyone, the manager has a list of B&H forms put against him and nothing is done.
Im worried about going back to work cause i know i wont get the support and i'll be force and bullied in to doing more then i can. I feel under so much pressure and stress from work let alone my own stress for being ill and havent a clue whats wrong with me.
The beauty of it the 'rehab'/'preganacy' round they normally use for people was free but they'd rather put it as overtime as its easier to cover then the rounds they put me on. If they put me on that and let me get back in to things i may not of needed this time off...sense and common...! Is there anything i can do or am i just going to have to go back and be forced to do a round where ever they put me....Thanks in advance for help

[rehabron]

This link is to Royal Mail Sick Pay & Conditions Policy.
The para. on Conditions which sick pay is payable http://www.royalmailchat.co.uk/communit ... 36&t=59436" onclick="window.open(this.href);return false; is worth noting.

[POSTMAN]

Moved to Union room for more traffic.

[amy220575]

What do you mean rehabron?

[Bahia Feliz]

You shouldn't have gone back to work in the 1st place like your doctor said I'm afraid.

[amy220575]

maybe not but the doctor wrote me a fit to work note if work followed the instructions in the note but they didnt which is the issue that i want help with ....i went back to the doctors after this and he has signed me off which i have stucked to... so what am i wondering if work was allowed to against my fit to work note and the letter from my chiropodist?

[Scotland1]

Did u honestly think ur Dom would either take someone off their flat delivery just to out u on it, as said previously u shouldn't have went back to work, now if u go off again it will be a stage if u have more than 14 days off

[amy220575]

i thought royal mail would abide by health and safety law....i gathered i will be on a stage upon my return but im not really bothered anymore with the stress im under , im to depressed to care, i thought turning to royal mail chat being a union member there would be someone to help me..but no im just getting told and told again and made to feel like s**t by so called fellow colleagues... i just plain give up what is the point anymore.....

[Bahia Feliz]

No offence to you Amy but the lesson to learn is this-Put yourself 1st in this job!

[TrueBlueTerrier]

My advice for what its worth is to put in a grievance about the failure to follow a fit note. This may well help in any future stage 3 caused by this condition.

Your rep is right if he believes that the grievance won't change the managers behaviour, and it will be ignored, but IMO if you keep a copy of it for your own records then it could help quite a lot in any future sickness stages, ETs or even if they try to IHR you.

As to the manager ignoring H&S - on this he isn't the fit note and H&S are different areas. He is being incredibly dense if he is ignoring OHS Assist guidance, but unfortunately there is nothing legally wrong in them doing that. However, it won't look good if you are permanently disabled or injured because of their actions and you decide t take further action.

However, what they shouldn't have done is ignore the fit note. If they can't comply with it they should have sent you home to continue your sickness absence.


PS there is also the B&H help line on 0800 5874 777

[TrueBlueTerrier]

Did u honestly think ur Dom would either take someone off their flat delivery just to out u on it

If its a reasonable adjustment and complies with the Fit note then the answer is: YES.

[jack]

i thought royal mail would abide by health and safety law...

Well you'd think they would really being as they have a duty of care for your H&S , you could try the union of course..but I wouldn't hold my breath, but a decent rep should be able to help you.

[rehabron]

What do you mean rehabron?

The point I was trying to draw your attention to in RM Sick Pay & Conditions Policy was the part that RM has the right to withdraw sick pay if the employee has neglected to follow doctors instructions.
You returned to work with a fit note with specific instructions to your employer to follow hence doctor giving you a return to work but as RM has failed to conform to the instructions on your fit note they then have breached their own sick pay policy.
Did you honestly expect RM to follow these instructions to the letter as I feel it would be nigh impossible for them to structure this to your condition unless they have rows of bungalows requiring delivery in your area.
Your returning to work was honourable but totally foolhardy and you should have remained on the sick.
In relation to DOM visiting your home this needs to be investigated and is not the action of a reasonable employer and this was one of the reasons that the new attendance procedure came in to force to halt the unethical tactics being used by RM management to get employees to return to work.
This is clearly a case for B&H and if you have the dates and times this was done it needs to be persued

[Lincox]

I would write to your DOM asking why he is unable to carry out the instructions given by your gp/specialist, inform him that his actions are exacerbating your condition and causing you to feel intimidated and a feeling of worthlessness. Remind him of the joint statement issued by Royal Mail & CWU regarding respect and dignity within the workplace, and also his responsibilities in respect of your health and well being at work.

[Mr_Pink]

What do you mean rehabron?

In relation to DOM visiting your home this needs to be investigated and is not the action of a reasonable employer and this was one of the reasons that the new attendance procedure came in to force to halt the unethical tactics being used by RM management to get employees to return to work.
This is clearly a case for B&H and if you have the dates and times this was done it needs to be persued

They do it sneakily in our area, the turn up with a special that needs to be signed for.