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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

andyasw

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Everything posted by andyasw

  1. andyasw
    Yes this does relate to a previous thread. I was deemed fit to return to work by my employers OH doctor and by my GP though my employer said no to a return. My 6 months of full pay ended 2 weeks after the GP and OH doctor agreed I should return on a phased basis. For 6 weeks I was put onto half pay while a return to work plan was arranged. Bear in mind I am an office based worker this would have taken around a couple of hours to organise and was certainly not rocket science! The company sickness policy states if the employee considers themselves fit for work but the employer does not then this is medical suspension. To me it is absolutely clear I was medically suspended and should have received full pay for that period, hence why I am wishing to challenge it on the basis of the company policy not being adhered to. Thus this is a legal challenge.
  2. andyasw
    I intend to represent myself at a tribunal if the initial intervention of ACAS fails. I'm seeking £1600 of deductions from my salary that my employer took and is a failure of adhering to their own policy. I don't feel it's worth employing a legal representative and want to do it myself but would appreciate any tips.
  3. andyasw
    Further update For some strange reason my employer is now allowing me back on a phased basis prior to the neuropsychological assessment. I'm unsure what to think about this! At least my return will put me back on full pay.
  4. andyasw
    Oddly enough my employer has now "allowed" a phased return prior to the completion of the neuropsycholoical assessment.
  5. andyasw
    Thanks Sangie595 - my fit note says I'm to return on a phased basis though, as you say, my employer has overruled the GP's opinion and has a right to do so. However, the OH doctor who suggested a neuropsychological assessment following my stroke could be carried out concurrently with a return to the workplace. The employer has chosen not to do this.
  6. andyasw
    An update. I'm on half pay while awaiting the psychological assessment suggested by the OH doctor. My employer says it would be too risky for me to return to the workplace without back to work suggestions from the psychologist (I've only had a stroke six months ago!). Despite my argument that this is medical suspension and my GP saying I'm fit to return, my employer has overruled my GP. My union say I have no option than to go along with what's happening and see my GP to ask him to say I'm sick with work related stress..
  7. andyasw
    More news on this. Today I received an email from HR. They say I am now on half pay because the Occupational Health doctor's recommendation that I have a psychological assessment, takes precedence over my GP who maintains I am medically fit to return to work on a phased return. In addition it has been 17 days since my employer received the OH report and the recommendation but today they are finally making the actual referral. I now feel compelled to seek legal advice.
  8. andyasw
    Received a letter stating I would be on half pay from now on. @phoned HR but the person I need to speak to is on leave.
  9. andyasw
    Just to let everyone know I am still awaiting a response from my employers HR department.
  10. andyasw
    I should be on full pay until mid April.
  11. andyasw
    As it's the Easter weekend it's too soon for HR to have communicated with me so unable to respond with any detail. I hope to be hearing something this next week so shall post HRs response.
  12. andyasw
    So far HR haven't defined on what basis this period will be. I've been continuously employed with them for 20 years.
  13. andyasw
    My GP has said I'm fit to return to work and has signed a sick note to this effect, but my employer's OH doctor recommends my employer commissions a report from a neuro psychologist prior to any return. As I'm fit to return I do not believe I should have to take any delay as annual leave and it can't be classed as sick leave, as I'm considered fit to work. What is the solution? Would this be "garden" leave?

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