forced back to work

[pulling13]

Hi all,
a few weeks ago i sprained my ankle i was at work going down steps and rolled over on it, i got told it was a tendon at first for two weeks and been on amended duties (no deliveries), the third week the doctor told me i actually sprained my ankle and signed me off sick for a week which ends wednesday, problem is i go on holiday for a few weeks on thursday.

I have been told atos have said the last three days i should have not cycled to work although the doctor said i can, its either that or walk between two trains about 3 miles where cycling is 4 each way. I have been told that atos review of an injury over rules the doctor and if i dont come back and do something ill be sick over my holiday even though i get signed off wed and thursday i go away.

Im not being listened to by my manager (shock horror) and ive been told by the health and safety guy that if i can cycle i can do some delivery even though im signed off! the guy also said i shouldnt be cycling but my doctor said i could as long as its minimal (my commute is 12 miles unless i get the train) 4 miles for me takes around 15-20 minutes, but royal mail dont care how iget to work so why care if i cycle? but not care if im walking which is more impact via walking?

Ive not cycled for the first two weeks of my injury but last week i could do three days of 4 mile rides as its starting to recover

Could i have some help with this as i dont know what to do?

[IcanthelpthewayIam]

Go back to doctor and ask him to reassess you and give you a fit note detailing exactly what work (if any) you can do, you never know he may sign you off for the holiday which means you would get the two weeks back later, though dom may try and pull something about going away on holiday whilst on sick

[maboo]

Hi, no-one can overrule a doc note if you are signed off. That's the law. There is a new procedure in place where if OH and your doctor give different opinions - they can liaise with each other. So, I suggest you ring your line manager, get referred to OH and tell them to liaise with your doctor. You then sign a medical consent form sent by OH. They give 21 days (although mine was longer) for you to see the letter the doc has written before it is sent to OH. If there is still a dispute, it goes to a higher level where a decision is made. By then you will be jumping around like a kangaroo and back on delivery anyway. Good luck.

[IcanthelpthewayIam]

Hi, no-one can overrule a doc note if you are signed off. That's the law.

What law would that be exactly?

[Creditshampoo]

They have a duty of care. If you come back even if you wanted to, and your injury gets worse at work while signed off then Royal Mail are in a lot of s**t

[TrueBlueTerrier]

Hi, no-one can overrule a doc note if you are signed off. That's the law.

Thats the old law.

The new one says they can.

http://www.personneltoday.com/hr/govern ... fit-notes/" onclick="window.open(this.href);return false;

The guidance states: “The assessment about whether your employee is not fit for work or may be fit for work (and any other advice in the fit note) is classed as advice, and it is for employers to determine whether or not to accept it.

“Occasionally, you may believe that your employee is not fit for work when they have been assessed as fit for work by their doctor, or you may think that your employee could do some work when they have been assessed as ‘not fit for work’ by their doctor.”

The guidance continues: “In situations like this you as the employer are within your rights to gather other evidence about your employee’s fitness for work from other doctors or healthcare professionals. You can choose to give this other evidence precedence over the advice in the fit note.

“Your employee may disagree with you, and you may need to demonstrate to an employment tribunal why the alternative source of evidence was more acceptable to you than the fit note.”