Refused sick pay

[rehabron]

Any advice please.

Went on sick, notified line manager by text message(this is how we've always communicated, he's renowned for never answering his phone!). Told him I'd unlikely be at work for the following week and would be seeing my GP. After 4 days off sick saw my GP and was issued a 2 week unfit for work note. Messaged manager straight away to explain I'd be posting GP note in, and he would be receiving it the following day. He never once requested a phone call within this period.

Received a letter the next day from DOM saying my wages had been stopped from the first day off sick, and if I didn't phone DOM within 3 days I could be dismissed. Phoned DOM immediately, and he basically said I hadn't followed procedure, needed to attend a face to face, and suggested he could overrule the GPs note. I asked why he felt he needed to see me, and his answer was, "to resolve the issue".

I explained he had no medical training, knowledge, or qualification and I would be taking my GPs advice only on the matter. After a heated exchange he hung up! I still don't know whether I'll be receiving sick pay...

What happened to duty of care?

How long have you been in the employment of RM ?
You have maintained contact with your line manager by text message informing him of your absence in line with the attendance procedure and trust you have this txt message to support your action.
Unfortunately he can overrule the GP fit note as has been discussed many times on this site and refer you to OH Assist but even then he can ignore their recommendations but leaves himself wide open to compensation claims should you return to work and your medical condition is aggravated.
HR services are now the interface for OH Assist but it doesn.t look as if your manager has been contact with them in assessing your medical condition other than stopping your wages but as you have followed the absence procedure and your manager hasn't this would be classed as unauthorised deduction of wages.
I am assuming the manager you are referring to is your first line manager and I very much doubt he would not hold the authority level to dismiss.
Normally face to face meetings on absence should be at sometime during 28 days of absence but this manager like others is misusing the contents of the attendance procedure to their advantage and not entering in to the spirit of the agreement for which it was intended.
Unaware of what you are absent for but make contact with him and state that you are unable at present due to your illness to comply with a face to face meeting and if a union member inform your union rep of your circumstances.

[BeamishStout]

I do agree with that.
Just one thought. I can understand a deduction of earnings up until the receipt of the Doctors Fit Note. There should be no permanent penalty for the remainder of this employees illness surely?

And the fact that a GP's note is available would make it clear to any independent person that this is a genuine absence.

Also ironic that Linos in my LDO use texting as their MO for next day overtime even when the people concerned are still in the building!

Also agree that we all need to follow procedure otherwise the screws will attempt to nail you.

Good luck to the original poster

[Destiny]

For breach of contract and other considerations for his actions wouldn't an employment tribunal claim be more in order.

[Lincox]

I do agree with that.
Just one thought. I can understand a deduction of earnings up until the receipt of the Doctors Fit Note. There should be no permanent penalty for the remainder of this employees illness surely?

And the fact that a GP's note is available would make it clear to any independent person that this is a genuine absence.

Also ironic that Linos in my LDO use texting as their MO for next day overtime even when the people concerned are still in the building!

Also agree that we all need to follow procedure otherwise the screws will attempt to nail you.

Good luck to the original poster

I have just read the sickness procedures. It does not define the method of contacting the Line Manager. It says that you should contact by the methods agreed at local level.
So unless there is a local agreement that you must contact by telephone ( and I would argue that a text message is a contact by telephone) this manager is acting way outside of his authority.

[BillyB]

Thanks for all the advice, a few things for me to think over. One thing that's definite is I won't let this drop. I'll pursue it with my union rep next week, and if no joy will pursue it legally.

This lino does all his interaction with posties by text. I have all the history on my phone. It's common practice and assumed his preferred method. He could've insisted on an actual phone call at any time, he never did. I did phone DOM immediately(on receiving letter) after I realised there was a concern. I have also requested a referral to OHS myself so no problem there.

Been at Royal Mail a few years, never had a stage, had very little time off. The way I've been treated over this leaves a real bad taste. It's clear to me what they're doing, their tactics imo are shameful.

[rehabron]

Extract from Royal Mail Sick Pay Policy:-The business reserves the right to refuse sick pay if an absence is due to, or is aggravated by, causes within the employee's control, or if the employee has neglected instructions given by a Doctor