What are the Health and Safety implications of being classed as fit for work from ESA/PiP

poppy123456

Benistmonk said:

There is no such benefit as Jobseekers with restrictions, a quick search on google will confirm that. There is or was Jobseekers Allowance which is a benefit for people who are fit for work.

Yes there is. If you have a disability and you're looking for work then your work coach can be very understanding and take your medical conditions into consideration. @debsidoo is correct, you can have a disability work adviser. Not being able to do certain jobs because of a disability doesn't mean you're not fit for work. There's people that want to work but can only do certain jobs.

michfinch

Agreed

debsidoo

Thanks @poppy123456
i was just about to respond to op.
Debsidoo.x

michfinch

As as I say just interested to learn in legal terms why the Govt Health Adviser can by a stroke of the pen overrule my Specialist, my Dr and my Psycologist who have all written to say I am not fit for work of any kind at the moment.

Benistmonk

poppy123456 said:

Yes there is. If you have a disability and you're looking for work then your work coach can be very understanding and take your medical conditions into consideration. @debsidoo is correct, you can have a disability work adviser. Not being able to do certain jobs because of a disability doesn't mean you're not fit for work. There's people that want to work but can only do certain jobs.

desiboo is simply trying to twist the point I was making which was about able bodied people with illness forced to undertake job search requirements, even though they have been signed off work by their GP, there is no understanding for people in that category. 

Obviously people with permanent disability such as wheelchair users, the blind, people with undeveloped limbs, people in that category will not be subjected to the same job search regime as able bodied people, that is just common sense. 

michfinch

Able bodied, just not able minded 100% of the time! Anyway, I’m still trying to find out what Health and Safety Laws the DWP are breaking ignoring my Specialist, Dr’s and the Govt funded Momentum Skills Psychologist who have all put in writing I am not fit for work. I’ll be working on that one going forward.

Pzkpfwv1d

The first principle of Health and Safety is having a duty of care for yourself and those around you and forcing someone to apply for a job when there is a significantly higher chance that that person of someone near them might suffer an incident because of the fact that the person has impaired functions of some degree 

Benistmonk

This is what I mean by able bodied people, people like Michfinch who is clearly not fit for work and has the medical evidence to back it up, being hounded by the DWP simply because they look healthy. 

I think health and safety law only applies to employees and employers, to find out what laws the DWP could be breaking in relation to yourself, I think you need to have a look at the human rights act. 

michfinch

I’m looking at everything. Like many Epileptics my brain goes 24/7 so I may as well put it to some use. 

Pzkpfwv1d

I think you will find that this comes under quality of life regarding human rights 

Dotty123

I got took off esa I can’t use my fingers my hands are bent over will I be entitled to health safety rules

poppy123456

Health and safety rules only apply in a work place.

Pzkpfwv1d

Health and Safety Rules actually apply in public and private spaces wherever a workplace impinges upon and area open to the general public, therefore, they apply 

michfinch

Thanks, I know if I went back to my previous role I wouldn’t be allowed in the cutting or sewing areas and as my previous role was sales, had I been able to still drive (which I can’t) going into strange buildings and offices would therefore impinge on me carrying out that role.

son2

   Dwp.think they know everything

axwy62

To add a slightly lighter note, a close friend of mine was found fit for work in the early days of ESA, and sent to play with the children running the Work Programme. They found him some 'work experience' which he was totally unable to convince them was unsuitable so being a stroppy so and so, he decided he'd turn up when instructed and see what the prospective employer thought. 
Funnily enough, the employer took one look at my friend and immediately got on the phone to the Work Programme folk and gave them a rocket for wasting everyone's time. The employer was a scaffolding firm, amongst other issues, the friend only has one leg, which makes getting up ladders somewhat complicated.
The Work Programme folks never suggested a work experience placement for him again, and not long after he won his appeal anyway. He's now retired and no longer on the WCA merry-go-round, but still dining out on that story.

Benistmonk

I had a right laugh with them when they sent me on a course run by the Shaw Trust which is a charity, I shut down the Shaw Trust head office. My complaint was, what the hell is a charity doing trying to force people like me into work when I have been signed off by my GP as not fit for work. And then threatening to sanction me for refusing to look for work by reporting me to the DWP. 

I learned later from my adviser at the JC, who was incandescent with rage, that the staff at Shaw Trust HO were volunteers, and when they heard my complaint, they all walked out. I was warned never to contact them again. I can't print my reply to that on here, but you can guess it was not polite. 

I also reported them to the charities commission for causing harm to people who are ill. Funny thing is, since that debacle, even though I am in WRAG, I have not been asked to attend any more courses. 

michfinch

I’ll report after my Work Capability Assessment tomorrow! I’m actually looking forward to picking them to pieces :-) 

Benistmonk

michfinch said:

I’ll report after my Work Capability Assessment tomorrow! I’m actually looking forward to picking them to pieces :-) 

I think it takes a few weeks before you will know the outcome, the HCP will do a report which goes to the DWP, then when they have done reading it, they will post it on to you.

If the HCP is a nurse, you can ask to be assessed by a doctor, in fact I would insist on it. A doctor is more responsible than a nurse, a doctor is not going to risk losing his licence by writing dodgy reports.

Good luck.

michfinch

OK I will ring first thing and ask. Good advice. Thank you.