My Manager & Oh Assist Overuling Doctor

[Bladerunner1858]

I had a fall at work which has put me of work now for several weeks no break just soft tissue damage which has limited my the use of my right (dominant Hand) the doctor has put me off work not fit as has the pysio who has given me a splint to wear and exercises to do & on which I am still waiting on hand therapy at hospital.
yet between my manger and Atos (Oh assist) they seem to be disregarding this and have advised me I am fit for work and should come in to work on Ips using my left hand,
otherwise i will loose full time pay & put on ssp (I have been of work for over a month)
my question is how can Atos who do not even see me just a telephone assessment overide a doctor's decsion
MY colleagues and most Union reps have advised me to do as doctor has stated yet these threats from management seem to be putting me under pressure to return in contradiction to doctor.
am at my wits end and feel stressed a I do not know which way to go It seems it is left in my court

[gargoyle900]

My manager also suggested I come into work and prep frames left handed ( I was suffering with a right,frozen shoulder ) So when oh-assist phoned me for a consultation and suggested the same, I asked them who is responsible if I fall or trip over and smash my face against a fixture as I wouldn't be able to break my fall.....soon changed their mind as to my fitness to work !

[Bladerunner1858]

yes I asked the same I was told I was covered by insurance but I am not so sure
i really think I need legal advice do you think this amounts to harrasment?

[Himaggen]

I had a fall at work which has put me of work now for several weeks no break just soft tissue damage which has limited my the use of my right (dominant Hand) the doctor has put me off work not fit as has the pysio who has given me a splint to wear and exercises to do & on which I am still waiting on hand therapy at hospital.
yet between my manger and Atos (Oh assist) they seem to be disregarding this and have advised me I am fit for work and should come in to work on Ips using my left hand,
otherwise i will loose full time pay & put on ssp (I have been of work for over a month)
my question is how can Atos who do not even see me just a telephone assessment overide a doctor's decsion
MY colleagues and most Union reps have advised me to do as doctor has stated yet these threats from management seem to be putting me under pressure to return in contradiction to doctor.
am at my wits end and feel stressed a I do not know which way to go It seems it is left in my court

You should be controlling the conversations with OH Assist by informing them of the exact advice provided by your medical professionals.

Your Manager has the overall 'Duty of Care' which gives them the right to decide upon your fitness based upon the guidance received from all representations. If they deem that the advice of your medical professional's holds less weight that that of their own then all they have to do is to document that as part of your return to work agreement.

Please also make sure that you inform your Manager that Royal Mail's own rules may contradict his decision:

Entitlement to sick pay is always subject to strict observance of the following conditions:
<snip />
3. 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

Using the above as the justification for your insistence that they document the advice given, accepted and ignored prior to your return.

You may like to also insist that your Manager fulfils their legal obligation to undertake a full risk assessment on you for the given tasks and environment prior to your return.