Question about sick notes, universal credit, and working.

trixiewoo

hi, could some one please help. I am on long term sick leave from my job in care. i get sick notes from my gp . what will happen if I am declared fit for work by universal credit but my workplace will not take me back for safety reasons as I work alone am under a sick note from my doctor? i always thought it was against the law to work while you have a sick note? I am bi polar , and have worsening conditions from a rta 20years ago which I will be having lengthy treatments for.  thanks for reading 

JennysDad

Hello @trixiewoo and welcome to the community. It is a pleasure to 'meet' you and I am glad you are with us.
I don't have the specific answers you need, but we have specialists and members here who will be able to respond properly. Can you bear with us whilst they get back to you?
And if there's anything else you'd care to ask or tell us, please don't hesitate.
Warmest best wishes,
Richard

BenefitsTrainingCo

@trixiewoo If you are claiming Universal Credit (UC), you have a Work Capability Assessment and you are found fit for work, then you can still get the benefit but the rate of benefit you get may be different (depending on when you first claimed and declared that you were sick), and what you have to do to get the benefit may be different. This is called 'conditionality'. Even if UC decide that you have to look for work, your condition will still be relevant and your work coach shouldn't make you look for jobs that would be harmful to your health - they do have a duty of care in that respect. They should also bear in mind that factors such as your place of work, hours of work and your colleagues could make you worse. They have guidance about dealing with vulnerable claimants. However, if you are found fit for work then you would expect to have to look for jobs, within these restrictions.

If your workplace don't take you back then they may at some point dismiss you - this is called a disability dismissal and an employment adviser can tell you more about when it might be lawful to do this. In this situation, you would be being dismissed through no fault of your own so your UC shouldn't be sanctioned. When you have a sick note (also called a 'fit note'), it may be unlawful for your employer to expect you to work in your particular job (unless the fit note says you can work with adjustments & your employer is able to make these). Unfortunately however, it doesn't mean that UC cannot require you to look for jobs if you are found fit for work following a Work Capability Assessment. 

I hope this clarifies things a bit. Remember that you can ask for a mandatory reconsideration of a decision about your fitness for work, and if the decision isn't changed you can appeal - lots of people are successful at appeal stage.