Asked for a face to face on 1st day of calling in sick

khalid32 · Post by **khalid32** » 27 May 2017, 16:28

Hi all,after having no luck in getting in contact with my union rep after ringing him for 4 days i have come here for some advice. I had called in sick this past week on wednesday morning,the DOM answered the phone and just as i almost finished saying i was having back problems and wont be in for work he asked me if im coming into work the next day, i said no and this is the reply i got, will you be fit for work next week?, If not i want a face to face on Saturday and as Monday is a bank holiday i will refer you to OHS next week for IHR as the last time you was off (2015) you had a few months off and you came back with a miraculous recovery. Today on my 4th day off sick i got a text message on my phone at 8.45am telling me i need to come in for a face to face at 10am and if i don,t then he has no choice but to stop my sick pay as part of the Royal mail sick agreement? Now he has called me a liar by saying i had a miraculous recovery last time i was off and i think lied himself with the royal mail sick agreement statement. Im off work as i have 2 progressive illness,s, i have Degenerative disc disease,herniated discs which a hospital specialist told me it will get worse over time,i was diagnosed with that over 7 years ago and Thyroid problem which im on hormone replacement for life and i have been told by OHS last time that i fall under the Equality act previously DDA. Sorry for the long essay but what i wanted to know was, can he call me in for a face to face that soon and don,t he need to write to me instead of a text message?, Can he refer me to OHS for IHR when i have not even been off work for a week and he didn,t even bother asking me what was wrong with me,is this discrimination under the Equality act, also is there anyone else i could contact from the CWU in Birmingham for advice as my union rep does not answer my calls or return them. Thanks for any advice in advance.

k979aaa · Post by **k979aaa** » 27 May 2017, 17:54

No he cannot you need only to tell him you are sick but I would say try see your doctor if you can and get a fit note saying you maybe off for a certain length of time as a right you are allowed 7 days self cert but this manager is trying it on. Also you should have 5 days notice of a face to face and the should not be in the first few weeks as for IHR thought you need to be long term sick 4 weeks or more for them to even consider that trick!

k979aaa · Post by **k979aaa** » 27 May 2017, 18:01

As for your rep maybe he is ill on holiday or your contact details are out of date anyway just googled this so call some of these numbers http://www.cwu.org/contact-us/cwu-regio ... rict-amal/" onclick="window.open(this.href);return false;

Post by **Lounge Lizard** » 27 May 2017, 18:20

If you're off with a bask problem then it might not be practical to go in for a meeting

but there could be a discussion on the phone.

Destiny · Post by **Destiny** » 27 May 2017, 18:38

slinder123 wrote:go on to 1st class chat royal mail on face book and speak to xxxxxxxxx his knowledge is the best in the world he is top class

Shouldn't laugh as I know one individual got suspended through outdated advice he gave out. He doesn't even work for RM

OP - mutually agreed is the key here

Post by **General Mannerheim** » 27 May 2017, 20:51

It sounds like bullying to me..... but these managers like to pretend that they are showing a duty of care by referring you to Occupational Health and it's for your own good as you have an illness covered by the Equality Act, in fact it's no more than them trying to threaten staff with IHR and return them to work sooner than they should, and it's about time reps stopped hiding and not taking calls off sick members and colleagues for an easy or quiet life.

He should not been forcing you in for a chat about your illness especially when it is so soon in your absence ,the attendance procedure in it's vagueness says that you should have met for a face to face by day 28, but it also says at the back of The Attendance agreement in the Q&A Section that all reps should have this:

6. How should contact be made while an employee is away from work due to illness? Employees have a responsibility to notify their manager as soon as possible before the beginning of their shift or usual work start time in accordance with local arrangements for their office or work location. The employee should advise the manager of the reason for their absence, the likely duration and anticipated return date. Where the employee’s absence is going to be longer than a few days then the manager and the employee should agree how they will remain in contact during the period of absence. This would include the level of contact, how often and the method by
which contact will take place, for example this could be by email or telephone conversation. Where the absence is not likely to last more than a few days further contact should not normally be necessary. Where the absence is longer term it is recommended that contact should be maintained on a weekly basis throughout the period of absence.

Also you are entitled to Sick Pay(unless your a new entrant) as it's in your contract of employment ,they can stop your pay but must have a very good valid reason like for instance if you fail to ring them up or get in touch and even then they must put it in writing, or get this you have failed to follow your Doctors advice.

My advice to you would be to try and get in touch with your branch Equality Officer (if you have one

) or Area Rep if your rep is being a little vacant.

telithowitis · Post by **telithowitis** » 28 May 2017, 00:27

Tell him to "Go away"
Reporting sick means you are unfit for work. Work includes phone calls to work etc tell them to go away, had the same at last job and got Manager banned from speaking to me!!! Nothing about keeping in touch complies with employment law if you are unfit for work you do not have to speak to anyone until your Doctor says you are fit to do so!

Post by **patrickstar14** » 28 May 2017, 07:56

A face to face meeting is only required at day 28. If the individual is incapacitated then he doesn't have to come in to work anyway. It can be mutually agreed that the manager visits with the union rep present.
There is no requirement for a face to face beforehand. The employee is only required to make contact once a week by phone and that has to be agreed between both parties. If the person is covered under the EA act 2010 then
the manager has to take this into account and there is written evidence of this anyway. The manager must take advice from HR and Atos on a decision about IHR anyway and it is not down to him to threaten it. Its is a process
that has to be followed correctly and this is way to early to be considering this unless the person is on a stage 3. This is bullying and his union rep should submit a B & H form.
With regard to your union rep, I presume this is your local unit rep. You can go to your area delivery rep. Failing this go to your branch.

Phantom · Post by **Phantom** » 28 May 2017, 09:35

The post above is correct - 28 days before you have to go for a face to face.

rehabron · Post by **rehabron** » 28 May 2017, 13:21

patrickstar14 wrote:A face to face meeting is only required at day 28. If the individual is incapacitated then he doesn't have to come in to work anyway. It can be mutually agreed that the manager visits with the union rep present.
There is no requirement for a face to face beforehand. The employee is only required to make contact once a week by phone and that has to be agreed between both parties. If the person is covered under the EA act 2010 then
the manager has to take this into account and there is written evidence of this anyway. The manager must take advice from HR and Atos on a decision about IHR anyway and it is not down to him to threaten it. Its is a process
that has to be followed correctly and this is way to early to be considering this unless the person is on a stage 3. This is bullying and his union rep should submit a B & H form.
With regard to your union rep, I presume this is your local unit rep. You can go to your area delivery rep. Failing this go to your branch.

Although it clearly states " DAY 28 REVIEW" in the attendance procedure for face to face meetings this is open to misinterpretation by the insertion of the word "BY" in the statement and is a loophole that needs to be clarified to stop management face to face requests well inside the 28 day period.

Post by **patrickstar14** » 29 May 2017, 08:46

there are a lot of things in the attendance procedure that are open to interpretation according to management .This is why the CWU should take up any issue that management do outside of the agreement and a good local rep is required

Post by **POSTMAN** » 29 May 2017, 22:50

While obviously the screw is talking bollox, the OP really needs his rep/area rep to help him with this, as quoting this and that to the scumbag won't help for now.

khalid32 · Post by **khalid32** » 31 May 2017, 14:27

Thanks all for all the good advice, I had another call from the DOM and i just told him if he wants a face to face then home visit with my non existing unit rep, and told him he is bullying and harrasing me, so in the end we agreed on keeping in contact over the phone, as fort he union rep i think vote of no confidence,