Being asked to do light duties when signed off by GP?

peshwaarinaan · Post by **peshwaarinaan** » 12 Aug 2016, 13:17

I have a 4 week sick note as I have fractured my thumb. My hand is in plaster and I can't drive. Lino wants to know if I can do alternative duties in the office eg in the locker or prep work.

Where do I stand please????

I can't believe they are harassing me like this when have been signed off.

Ricardo44 · Post by **Ricardo44** » 12 Aug 2016, 14:20

You don't have to do it. They are trying it on because that's what they are told to do by their managers higher up.

If you don't want any confrontation with them just put it in writing that you are refusing to come in on light duties and will be staying at home until your GP decides you are fit for work. Then send it to your DOM by special delivery.

Advise your rep of what is happening.

They will soon back off. Stand your ground. There is nothing they can do.

GP's word is final and cannot be overruled by anyone.

peshwaarinaan · Post by **peshwaarinaan** » 12 Aug 2016, 14:59

Ricardo44 wrote:You don't have to do it. They are trying it on because that's what they are told to do by their managers higher up.

If you don't want any confrontation with them just put it in writing that you are refusing to come in on light duties and will be staying at home until your GP decides you are fit for work. Then send it to your DOM by special delivery.

Advise your rep of what is happening.

They will soon back off. Stand your ground. There is nothing they can do.

GP's word is final and cannot be overruled by anyone.

Thank you Ricardo44. That's very helpful. I get really anxious in these situations so to put it in writing would be much better for me. Thanks again.

rehabron · Post by **rehabron** » 12 Aug 2016, 16:36

Ricardo44 wrote:You don't have to do it. They are trying it on because that's what they are told to do by their managers higher up.

If you don't want any confrontation with them just put it in writing that you are refusing to come in on light duties and will be staying at home until your GP decides you are fit for work. Then send it to your DOM by special delivery.

Advise your rep of what is happening.

They will soon back off. Stand your ground. There is nothing they can do.

GP's word is final and cannot be overruled by anyone.

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

LukeyBoy · Post by **LukeyBoy** » 12 Aug 2016, 17:22

I was off as 'long term sick' and as far as I aware ATOS can overrule a GP's fit note.

Bahia Feliz · Post by **Bahia Feliz** » 12 Aug 2016, 17:33

LukeyBoy wrote:I was off as 'long term sick' and as far as I aware ATOS can overrule a GP's fit note.

They can't and we don't use ATOS anymore do we?

Post by **TrueBlueTerrier** » 12 Aug 2016, 17:39

Bahia Feliz wrote:
LukeyBoy wrote:I was off as 'long term sick' and as far as I aware ATOS can overrule a GP's fit note.
They can't and we don't use ATOS anymore do we?

They can, and they changed their name to OH Assist but are still the same company.

As per Rehabs link 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.”

rehabron · Post by **rehabron** » 12 Aug 2016, 17:45

Bahia Feliz wrote:
LukeyBoy wrote:I was off as 'long term sick' and as far as I aware ATOS can overrule a GP's fit note.
They can't and we don't use ATOS anymore do we?

RM can disregard a GP " fit note" ( see link provided) they would then seek advice from OH Assist ( formally known as ATOS) for their recommendations but this also does not have to be accepted by RM but ignoring GP and Oh Assist they run a severe risk should an aggravation to the medical condition results and personal injury claims for compensation ensue. Dependant on the medical condition which is keeping the employee off work RM by paying the employee their full wages can request the employee to attend work and do absolutely NOTHING rather than have the employee out of their vision when at home. Unfortunately this is becoming more and more regular and a reality.

peshwaarinaan · Post by **peshwaarinaan** » 12 Aug 2016, 17:48

The more I think about it the more I am inclined to tell them to do one. I have a nasty break and my hand is in plaster. I've been told to elevate it and rest as much as possible. I'm not allowed to drive and I've only got one functioning hand.

DiamondSmiles · Post by **DiamondSmiles** » 12 Aug 2016, 18:00

peshwaarinaan wrote:The more I think about it the more I am inclined to tell them to do one. I have a nasty break and my hand is in plaster. I've been told to elevate it and rest as much as possible. I'm not allowed to drive and I've only got one functioning hand.

You must get your rep involved before doing anything more. Very important. It's what you pay your subs for every week so use them.

peshwaarinaan · Post by **peshwaarinaan** » 12 Aug 2016, 18:04

DiamondSmiles wrote:
peshwaarinaan wrote:The more I think about it the more I am inclined to tell them to do one. I have a nasty break and my hand is in plaster. I've been told to elevate it and rest as much as possible. I'm not allowed to drive and I've only got one functioning hand.
You must get your rep involved before doing anything more. Very important. It's what you pay your subs for every week so use them.

Will do. Thank you.

rehabron · Post by **rehabron** » 12 Aug 2016, 18:07

peshwaarinaan wrote:The more I think about it the more I am inclined to tell them to do one. I have a nasty break and my hand is in plaster. I've been told to elevate it and rest as much as possible. I'm not allowed to drive and I've only got one functioning hand.

Tell manager that before you agree a RTW on another duty you wish to be referred to OH Assist for a second opinion. This will be done over the telephone and explain your fears about returning to work and the advice given to elevate and rest. If the plaster is on your more predominate hand then your hand would be unused to the work that RM requires. You will need to put up a strong case to OH Assist for not returning to lighter duties for eg. due to obstructions with office furniture the likelihood of you coming in contact with your fractured hand. There is also how you would be placed in embarrassing situation when using the toilet.

peshwaarinaan · Post by **peshwaarinaan** » 12 Aug 2016, 18:35

rehabron wrote:
Bahia Feliz wrote:
LukeyBoy wrote:I was off as 'long term sick' and as far as I aware ATOS can overrule a GP's fit note.
They can't and we don't use ATOS anymore do we?
RM can disregard a GP " fit note" ( see link provided) they would then seek advice from OH Assist ( formally known as ATOS) for their recommendations but this also does not have to be accepted by RM but ignoring GP and Oh Assist they run a severe risk should an aggravation to the medical condition results and personal injury claims for compensation ensue. Dependant on the medical condition which is keeping the employee off work RM by paying the employee their full wages can request the employee to attend work and do absolutely NOTHING rather than have the employee out of their vision when at home. Unfortunately this is becoming more and more regular and a reality.

I thought that too. If they insist on you working when you've been signed off and then you make your injury worse then RM are leaving themselves wide open.

peshwaarinaan · Post by **peshwaarinaan** » 12 Aug 2016, 18:46

rehabron wrote:
Bahia Feliz wrote:
LukeyBoy wrote:I was off as 'long term sick' and as far as I aware ATOS can overrule a GP's fit note.
They can't and we don't use ATOS anymore do we?
RM can disregard a GP " fit note" ( see link provided) they would then seek advice from OH Assist ( formally known as ATOS) for their recommendations but this also does not have to be accepted by RM but ignoring GP and Oh Assist they run a severe risk should an aggravation to the medical condition results and personal injury claims for compensation ensue. Dependant on the medical condition which is keeping the employee off work RM by paying the employee their full wages can request the employee to attend work and do absolutely NOTHING rather than have the employee out of their vision when at home. Unfortunately this is becoming more and more regular and a reality.

I thought that too. If they insist on you working when you've been signed off and then you make your injury worse then RM are leaving themselves wide open.

postslippete · Post by **postslippete** » 12 Aug 2016, 19:22

I think its outrageous that Royal Mail would even contemplate trying to force their employees to come in and work when they have a note from their doctor. Health & Safety at work is supposed to be the most important thing that we do. We get preached about it in every boring Work time learning session and then brain-dead managers ring up staff with valid sick notes asking them if they can come back to work?