Hi, my name is Janie74! If I'm found to have limited capability, can I leave work without sanctions?

Janie74

Hi

Looking for some advice. I am off sick from work with anxiety depression and stress in the workplace which has all come from bullying lasting almost 18 months. I finally couldn’t take it any longer and got a sick note. Now I have been sent forms for a work capability assessment. If I am found to have limited capability what happens at my workplace? Can I leave without working my notice or being sanctioned by UC?

Rosie_Scope

Hi @Janie74, welcome to the community. Sorry to hear you've had such a rough time with your health over the last few months. It's awful that you were bullied at your workplace, I hope you're doing as well as possible in the circumstances.

If you're found to have limited capability for work (LCW) or work related activity (LCWRA), you shouldn't be sanctioned if you need to leave your job.

With LCW you may have some work commitments geared towards getting back into some work and these will be set up with your work coach. If you're put in the LCWRA group you won't have any of these commitments and will receive an extra £416 per month.

Hope your work capability assessment goes well 😊 lots of our members have been through it if you have any other questions.

Janie74

Hi Rosie

Thank you so much for your reply and advice. I just really don’t feel as if I can return as they aren’t even acknowledging what is going on so how can we move forward. If I return there it will be exactly the same if not worse now I’ve spoken out and no one is willing to back me up. I’m worried about the notice period though. If I do get any low capability do my employer have to listen to universal credit as I know they don’t have to take the advice from occupational health so what’s the point. Is an occupational health assessment different to the work capability assessment would you know?

Thank you

Jane

Kimi87

The WCA is a DWP process which looks at your fitness to undertake any work. They have no influence on your employer.

Occupational Health looks directly at issues within the workplace. They can make recommendations but those are not legally binding against the employer. You can also request reasonable adjustments, but your employer has the right to say no if they don't suit the needs of the business.

When my mum had problems with work she found Citizens Advice and ACAS very helpful. Her employer was trying to force her to quit but thanks to them she stuck it out to leave under ill health dismissal. This meant she got the wages and pay for outstanding holiday she was owed.

https://www.citizensadvice.org.uk/wales/about-us/contact-us/nearby/

https://www.acas.org.uk/

Janie74

Hi Kimmy

Thank you for your reply. Okay thank you so what if my employer wasn’t willing to let me leave without working my notice period?
I have been to the citizens advice and also rang ACAS on a number of occasions. Neither was hugely helpful sadly.
I just can’t see how adjustments can be made and we can move forward when the manager is acting oblivious to my claims and HR are denying I made an informal complaint