Being forced back in off the sick.

[Roman Reigns]

Just after some advice here.

I've been off work since Dec 8th. I was diagnosed on Xmas day with a condition called Hemothorax, which is basically a collection of fluid and blood around the lung and heart.

I got in called for a meeting on Jan 23rd. The office managers didn't take this meeting it was the guy above them.

Anyway, as I'm on a fixed term contract which expires on March, this guy basically said if you're not back in work soon then you're contract won't be renewed. He said he wants to see some willing from me as to why he should give me another one and basically pushed me to ask my doctor for clearence.

So I went to my doctor and said I need you to sign me a fit note so I can go back. He did and I rang up and said I'd be back Monday. Later that same day I got a call from Occupational health for a consultation and they said that I was unfit for work and with the condition, I was in no way to risk further health problems by going back to work too early.

Question is, if I say I'm not going back now then do they have to take the word of OH ?... Can they stop my pay because my doctor has said I could go back?.. I didn't hand in the fit note yet.

Any help appreciated.

[gluteus maximus]

You mention fixed term contract?? How long have you been employed in total by Royal Mail??

[Roman Reigns]

You mention fixed term contract?? How long have you been employed in total by Royal Mail??

I started my employment with them in March 2013 so by the time my current contract is up I will have been there 2 years.

[rehabron]

Just after some advice here.

I've been off work since Dec 8th. I was diagnosed on Xmas day with a condition called Hemothorax, which is basically a collection of fluid and blood around the lung and heart.

I got in called for a meeting on Jan 23rd. The office managers didn't take this meeting it was the guy above them.

Anyway, as I'm on a fixed term contract which expires on March, this guy basically said if you're not back in work soon then you're contract won't be renewed. He said he wants to see some willing from me as to why he should give me another one and basically pushed me to ask my doctor for clearence.

So I went to my doctor and said I need you to sign me a fit note so I can go back. He did and I rang up and said I'd be back Monday. Later that same day I got a call from Occupational health for a consultation and they said that I was unfit for work and with the condition, I was in no way to risk further health problems by going back to work too early.

Question is, if I say I'm not going back now then do they have to take the word of OH ?... Can they stop my pay because my doctor has said I could go back?.. I didn't hand in the fit note yet.

Any help appreciated.

Can't believe the treatment you are receiving from your employer RM who is supposed to pride itself in caring for their employees.
RM has to provide a "DUTY OF CARE" which is an implied term within your contract of employment and this has already been breached by this manager basically blackmailing you into getting a fit note from your doctor so that consideration will be given to extending your fixed term contract in march.
I suggest that you issue a 2nd stage individual grievance form against this manager for his comments made to you. If you are a union member notify your local union rep who can give you assistance in the completion of the form.
I would not hand in the fit note that you pressurised your doctor into signing and I am surprised that he/she did this on the medical condition that you have described.
RM have an obligation to accept the recommendations of their appointed occupational health provider OH Assist and if they are adamant that you are not fit to return to work then that is the end of the matter.
As a matter of interest I give below an exert from RM Sick Policy and conditions.
" THE BUSINESS RESERVES THE RIGHT TO REFUSE SICK PAY IF AN ABSENCE IS DUE TO, OR IS AGGREVATED BY, CAUSES WITHIN THE EMPLOYEE'S CONTROL,OR IF THE EMPLOYEE HAS NEGLECTED INSTRUCTIONS GIVEN BY A DOCTOR"
in your case then this could be interpreted as double standards within their own sick policy.

[Roman Reigns]

Yes the treatment I've received has been nothing shirt of disgraceful. I'm supposed to be resting and recovering and all I've had from Royal Mail is grief. Constantly ringing me, asking me to come to the office to see them and they even sent somebody round to my house one morning at 6.20am.

This manager has been totally unprofessional in this situation since the moment I met him. In the meeting on the 23rd he was acting on information from OH from the last time I spoke to them on 17th Dec. this was before I'd been diagnosed with this condition. He showed no interest whatsoever in my health and basically had me by the balls because of the contract situation.

After I rang him on Friday to say I'd go back, OH rang me and said don't be going back so I rang in this morning and said I wouldn't be going back. I got a call later on saying my pay will be getting stopped until I return to work.
My sick note covers me until 9th Feb which is when I have another appointment with my specialist.
Surely there's no way he can stop my pay when I have a sick note and also OH have deemed me unfit for work.
I've spoke to the union rep from our office about it and he will be contacting me tomorrow with further info.

[rehabron]

Yes the treatment I've received has been nothing shirt of disgraceful. I'm supposed to be resting and recovering and all I've had from Royal Mail is grief. Constantly ringing me, asking me to come to the office to see them and they even sent somebody round to my house one morning at 6.20am.

This manager has been totally unprofessional in this situation since the moment I met him. In the meeting on the 23rd he was acting on information from OH from the last time I spoke to them on 17th Dec. this was before I'd been diagnosed with this condition. He showed no interest whatsoever in my health and basically had me by the balls because of the contract situation.

After I rang him on Friday to say I'd go back, OH rang me and said don't be going back so I rang in this morning and said I wouldn't be going back. I got a call later on saying my pay will be getting stopped until I return to work.
My sick note covers me until 9th Feb which is when I have another appointment with my specialist.
Surely there's no way he can stop my pay when I have a sick note and also OH have deemed me unfit for work.
I've spoke to the union rep from our office about it and he will be contacting me tomorrow with further info.

OK at least you have got your union rep involved.
The problem you have given yourself is that you advised RM that you would be returning to work and you need to give the reasons on why you were pressurised to your union rep.
The attendance procedure is that you maintain contact with your office and this is to avoid continual phone calls while you are recuperating and sending somebody to your home at inconvenient times.
They cannot stop your pay but you will have to get your current medical certificate rescinded as it could give you problems.
I trust you have copies of the report from OH Assist and I would attach this to the grievance form that I previously mentioned.

[raged1999]

This is disgusting behaviour. I never thought that I would say that OH Assist is turning out to be a valuable resource for the union. I now always recommend that my members get them involved as soon as possible. I have been away in January. I was told today, my first day back, that one of my members phoned in sick, with sickness. Management made her come in and placed a bucket next to her. I don't know how true that is as i have not seen her yet. It would not shock me though. I just wish people would learn to use the grievance procedure.

[POSTMAN]

Like most managers,most DSM's are scum sucking c***s.
Got a problem f**k wads,then PM me.

[BarnsleyLackey]

Sounds like a real w anchor. A running headbutt should suffice!