Suspended this morning. UPDATE

[Natasha, Midlands]

Just been suspended today for saying I was going sick next week I’m absolutely gutted think I might be getting sacked.

Worked with RM 20 yrs never done anything wrong before.
Got a letter in about a hour after been suspended in my door saying intimidating and aggressive behaviour is that dismissal?
I’m so down at the minute its unbelievable.
Has anybody else been through this sort of thing?

[dave72]

Why did you say you were going off on sick?

[Natasha, Midlands]

Why did you say you were going off on sick?

I have had a operation recently on my ankle after a break (pins and plates) and Atos said I was supposed to take it easy around the office on duties that do not aggravate the recovery but my manager has took no notice of the atos report I am still struggling on delivery even after doing light duties and graded hours.

I also got a drs note to wear my own light training shoes but again my manager said I cannot wear my shoes and he has over ruled the drs note.
The pins and plate is playing up in this cold weather paining me like anything just had enough and told him I'm going sick twice then suspended me.
I didn't think it was aggressive but he said I made a threat?

[spen]

I say I'm gonna kill the Mrs all the time,,, I never have (yet),, cant see how they can suspend you fir saying that

[TrueBlueTerrier]

While its fresh in your mind write everything down that happened as truthfully as possible and with as little emotion as you can. Make copies of all the information you have re doctors notes and ATOS reports etc.

Then contact your branch and get the ADR or Equality Rep to help. If your branch has a Female Officer see if you can get advice from them as well.


To be fair, from what you have said I think you said what you did out of frustration and pain, but you may have to apologise for that, but don't grovel.

[Natasha, Midlands]

While its fresh in your mind write everything down that happened as truthfully as possible and with as little emotion as you can. Make copies of all the information you have re doctors notes and ATOS reports etc.

Then contact your branch and get the ADR or Equality Rep to help. If your branch has a Female Officer see if you can get advice from them as well.


To be fair, from what you have said I think you said what you did out of frustration and pain, but you may have to apologise for that, but don't grovel.

Is it sackable? spoke to the union rep before he told me Intimidating and aggressive behaviour can be dismissible? Suspended till 48 hrs..

[TrueBlueTerrier]

While its fresh in your mind write everything down that happened as truthfully as possible and with as little emotion as you can. Make copies of all the information you have re doctors notes and ATOS reports etc.

Then contact your branch and get the ADR or Equality Rep to help. If your branch has a Female Officer see if you can get advice from them as well.


To be fair, from what you have said I think you said what you did out of frustration and pain, but you may have to apologise for that, but don't grovel.

Is it sackable? spoke to the union rep before he told me Intimidating and aggressive behaviour can be dismissible? Suspended till 48 hrs..

I'll be frank. Yes it can be dismissible. But from what you have posted, and with the your current medical conditions (pain etc) contributing to your state of mind, and therefore a reasonable mitigating factor the chances of dismissal in this case should be very small, more so if the manager has not been following medical advice.

If it did get that far then I would hope the CWU would back your case at an ET, and the manager who have to explain why the dismissal was reasonable, and as its a significant factor in your case why he overruled medical advice of ATOS and your GP, and why he overruled an agreement we have about footwear and medical certificates.

[daveyeff]

While its fresh in your mind write everything down that happened as truthfully as possible and with as little emotion as you can. Make copies of all the information you have re doctors notes and ATOS reports etc.

Then contact your branch and get the ADR or Equality Rep to help. If your branch has a Female Officer see if you can get advice from them as well.


To be fair, from what you have said I think you said what you did out of frustration and pain, but you may have to apologise for that, but don't grovel.

Is it sackable? spoke to the union rep before he told me Intimidating and aggressive behaviour can be dismissible? Suspended till 48 hrs..

how the hell is telling a dom you are going off sick intimidating and aggressive? I told mine I felt s**t the other week a couple of days before I came down with flu, and I said if I didn't feel any better in the morning or if I got any worse I was going to go sick. and I did....he just phoned and asked when I thought I might be coming back to graft.

[rehabron]

Why did you say you were going off on sick?

I have had a operation recently on my ankle after a break (pins and plates) and Atos said I was supposed to take it easy around the office on duties that do not aggravate the recovery but my manager has took no notice of the atos report I am still struggling on delivery even after doing light duties and graded hours.

I also got a drs note to wear my own light training shoes but again my manager said I cannot wear my shoes and he has over ruled the drs note.
The pins and plate is playing up in this cold weather paining me like anything just had enough and told him I'm going sick twice then suspended me.
I didn't think it was aggressive but he said I made a threat?

When you have been referred to OH Assist (ATOS) who are RM appointed Occupational Health Provider you are in theory under their control and the recommendations that they have provided to you DOM to implement in order to assist you to a full recovery and a return to your normal duties.
Your manger on receipt of the OH Assist report should be holding weekly rehabilitation meetings to monitor your progress if it is in line with the OH Assist report or if adjustments are to be made in relation to the work and/or the reduced working hours.
For your manager to totally ignore the instructions in the OH Assist report this needs to be made aware to OH Assist and the manager is breaching the implied terms in your Contract of Employment in relation to " DUTY OF CARE" and questions will also be asked of this manger if you are subjected to injury or further aggravate your medical condition by his/her actions by not abiding by the OH Assist report.
RM will accept adjustments to footwear on the advice of GP note provided it conforms to the Personal Protective Equipment Act 2002 and dependant on type of work being carried out by yourself and areas that you are working in.
As your manger has failed to recognise medical advice from people who are more qualified than your manger then in your circumstances you have every right to inform that you will be going sick next week and that is not a threat but merely giving advanced warning that you are unable to continue working under the present conditions that have been imposed on you.
Would strongly suggest that you prepare a 2nd stage individual grievance form which would be copied to the Employment Relations Team, Pond Street, Sheffield.
This manager needs to be investigated by a higher authority level and also inform your H&S rep.
Your manager states that you made a threat if your manger continues with this unacceptable behaviour then his job will be under threat.

[She Raa]

Why did you say you were going off on sick?

I have had a operation recently on my ankle after a break (pins and plates) and Atos said I was supposed to take it easy around the office on duties that do not aggravate the recovery but my manager has took no notice of the atos report I am still struggling on delivery even after doing light duties and graded hours.

I also got a drs note to wear my own light training shoes but again my manager said I cannot wear my shoes and he has over ruled the drs note.
The pins and plate is playing up in this cold weather paining me like anything just had enough and told him I'm going sick twice then suspended me.
I didn't think it was aggressive but he said I made a threat?

When you have been referred to OH Assist (ATOS) who are RM appointed Occupational Health Provider you are in theory under their control and the recommendations that they have provided to you DOM to implement in order to assist you to a full recovery and a return to your normal duties.
Your manger on receipt of the OH Assist report should be holding weekly rehabilitation meetings to monitor your progress if it is in line with the OH Assist report or if adjustments are to be made in relation to the work and/or the reduced working hours.
For your manager to totally ignore the instructions in the OH Assist report this needs to be made aware to OH Assist and the manager is breaching the implied terms in your Contract of Employment in relation to " DUTY OF CARE" and questions will also be asked of this manger if you are subjected to injury or further aggravate your medical condition by his/her actions by not abiding by the OH Assist report.
RM will accept adjustments to footwear on the advice of GP note provided it conforms to the Personal Protective Equipment Act 2002 and dependant on type of work being carried out by yourself and areas that you are working in.
As your manger has failed to recognise medical advice from people who are more qualified than your manger then in your circumstances you have every right to inform that you will be going sick next week and that is not a threat but merely giving advanced warning that you are unable to continue working under the present conditions that have been imposed on you.
Would strongly suggest that you prepare a 2nd stage individual grievance form which would be copied to the Employment Relations Team, Pond Street, Sheffield.
This manager needs to be investigated by a higher authority level and also inform your H&S rep.
Your manager states that you made a threat if your manger continues with this unacceptable behaviour then his job will be under threat.

[k979aaa]

While its fresh in your mind write everything down that happened as truthfully as possible and with as little emotion as you can. Make copies of all the information you have re doctors notes and ATOS reports etc.

Then contact your branch and get the ADR or Equality Rep to help. If your branch has a Female Officer see if you can get advice from them as well.


To be fair, from what you have said I think you said what you did out of frustration and pain, but you may have to apologise for that, but don't grovel.

Is it sackable? spoke to the union rep before he told me Intimidating and aggressive behaviour can be dismissible? Suspended till 48 hrs..

Did you find the managers approach threatening as intimidating if so you were pushed into a corner with two of them around you If I were you I would stick a bullying and harassment report in 08005874777 and go see your doctor for the same reason and see what happens after that.

[kingeric]

I'd personally go for the managers throat now with a grievance against him. Not sure how wise that would be but i'd fight fire with fire

[POSTMAN]

This ignoring ATOS thing is rife in the business,uncle Bob needs to start earning his pennies.

[raikky]

i told my manager after a delivery i felt s**t and i would go off sick if i felt the same the next morning. i rang him in morning and went sick

[Senior Service]

This ignoring ATOS thing is rife in the business,uncle Bob need to start earning his pennies.

A guy in our office had his ATOS report ignored and he then went off long term sick because of this, the area rep was called in and also the SOM and the outcome basically from the SOM was yes the DOM had ignored/pretended it did not exist . but so what, the area rep did not want to take it further so the guy was IHR'd

Not a good reflection of RM or the union standing up to them!