Advice for my Dad

[shanx]

My Dad has been sick for a while he has been forced to wait for the NHS to book him an Operation, There have been delays due to the Covid backlog and Consultant changes. He has been adamant throughout he wants to return after his operation. He's still in his first stage royal mail isn't paying him anything due to the time passed which is fair.

He's finally received his Op date and in the meantime there trying to get rid of him on medical retirement, making up things like he's refused to send medical information. Atos have been throughout recommending assessment after his op and have all his NHS information. We even agree after his Op to have an assessment of how fit he is but his manager is basically threatening forced medical retirement he's been sent the dates of the surgery to his email so he's aware.

We don't know where my dad stands after long service and as he's about to he's had a terrible time being at home waiting on his dates and now his manager is threatening this just before his surgery. The Union knows about the situation also. By the way, the type of surgery is the type that will give likely give him relief and enable him to get back to normal work... To us as a family, it feels wrong but we are not sure where we stand.

If there is anyone who could give some advice in this situation

[postieblueshirt]

In all honesty and its only my opinion but he would be better taking what they offer and finding a more stress free job the way things are just now I wouldn't recommend royal mail to anyone with health issues.hope he recovers soon,he could maybe do supermarket delivery it would be similar and a lot less physical.

[shanx]

Appreciate the reply, but it's just super strange that they don't even want to wait till the op and let him have an assessment. It's like they don't even want him to have an assessment. Even the OTs are recommending waiting till after the Op to assess not even listening to the medical professionals.

[Woody Guthrie]

The good news is it will not be the manager who makes the decision on whether IHR is offered or imposed.

It would be very unusual for IHR to go ahead before scheduled corrective surgery takes place and the full outcome is assessed.

There are also two appeal stages (in house and independent) so they really don't take any risks before they impose it.

I would suggest what the manager is doing is trying to get your father to actively request IHR which makes the whole process easier for them.

Stick to your guns, keep saying no your father intends to return to full duties.

[drfeelgood]

Sorry to hear that about your dad, hope he recovers soon.

As far as his manager is concerned, very simple, document everything this bully has done and said, then take out a grievance against him/her. It is totally unnacceptable for your dad to be 'threatened' with anything leading up to surgery. Its not his fault there has been a delay to his surgery, he should be offered nothing but total and unwavering support.

On another note, if you have home insurance and you have employment legal cover, then I would be talking to your home insurance lawyers to discuss a possible constructive dismissal case against this bullying low life manager. Again, you will need as timeline of events documenting everything that this manager has said and done or not done towards your dad.

I hope your dad feels better soon, and his bullying manager is sacked for gross misconduct.

[TrueBlueTerrier]

100% I would recommend going to Citizens Advice, they have people who are experienced in this field and can help guide your father. Its free.

They may be even able to help write letters and, if the worse comes to the worst may be able to help with an Employment Tribunal.

[baldrick]

RM managers think they have medical knowledge and can overrule doctors.
You say the Union is aware. If this is just the local Rep, he/she might not be fully aware of procedures. Your dad needs to make sure the Area Branch Secretary and Welfare Officer are involved.

[Tman]

On the other hand, DSS national guidelines issued maybe 12-15 years ago recommended that if the employee's sick pay entitlement ran out and there was still little or no hope of an imminent return to work then the IHR process was recommended to start whether the employee was agreeable or not.
If anything this RM manager hasn't been stringent enough in dealing with your father's case, and hardly being a "bully".
Talk of an ET with regard to a employee clearly unfit to work is laughable.

[97gaz]

On the other hand, DSS national guidelines issued maybe 12-15 years ago recommended that if the employee's sick pay entitlement ran out and there was still little or no hope of an imminent return to work then the IHR process was recommended to start whether the employee was agreeable or not.
If anything this RM manager hasn't been stringent enough in dealing with your father's case, and hardly being a "bully".
Talk of an ET with regard to a employee clearly unfit to work is laughable.

I'd be surprised if it's still not the same. A company won't be expected to keep someone on the books if there's no prospect of a return in the relatively short term. We've had a few in the past and the pattern seemed to be sick for nine months and then an assessment was done to determine how long a full recovery may be. While most IHR in my office eventually happen by mutual agreement, some have not.

[redlen]

Have to agree with the above comment.

As long as they have offered the employee a back to work procedure with reasonable change where applicable with a protracted health absence, the dismissal will be fair. Things like flexi time or change of job designation, such as moving from deliveries into the mail centre. (Scoping) If these are not done, then the dismissal will probably be disability discrimination and unfair.

Managers cannot tell you they are recommending Ill Health Retirement as that is your choice to make and probably seen as disability discrimination. If it continues, consider a grievance.

That is why Royal Mail will use a third party, such as an Occupational Health report as support with recommendations and a one-to-one consultation with the employee. They decided if redundancy on capability, then the employer can dismiss without the employee's consent as a last resort.

Royal Mail is different,

There is case law on this with Royal Mail in that for an employer with 130,000 employees not to make reasonable adjustments is simply absurd.

The best advice to give is refusing to accept Ill Health Retirement proposals, though you will have to attend Occupational Health Appointments and with management.

[enskied]

I sent you a private message.

Hope it helps.