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Forum Home  →  Discussion  →  Work capability issues and ESA  →  Thread

Way to Work shoddy comms

Dan Manville
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Greater Manchester Law Centre

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Joined: 22 January 2020

This is probably something for stakeholders but i’d appreciate peoples’ thoughts.

I’ve had loads of inquiries recently from people who are treated as LCW by way of a med 3 but are getting dragged into WFI’s. The correspondence calls them “Worksearch interviews” which is worrying people and they’re digging their heels in with “why do I have to look for work when I’ve got a sick note?”.

If they could just call them “Work Focussed Interviews” rather than “Work Search” it’d probably save a lot of grief and at least two sanctions so far.

Daphne
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Sorry Dan - I’ve been away and still catching up with everything - I’ll raise this via stakeholders :)

Daphne
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rightsnet writer / editor

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Total Posts: 3546

Joined: 14 March 2014

Prompt - but not particularly helpful - response -

Claimants who are supplying valid medical evidence are not required to be available for work but may be required to undertake work search activity. A claimant in the initial 14 days of supplying medical evidence may not be required to undertake work search activity until the medical evidence expires or 14 days have past, whichever comes first. A claimant supplying valid medical evidence is not “treated as LCW” except in certain prescribed circumstances. ADM Chapter G2: Limited capability for work (publishing.service.gov.uk)

This means that it is often entirely appropriate to require a claimant to attend a Work Search Review as they may be undertaking work search activity that needs reviewing. Where we are not expecting a claimant to undertake work search activity as this would be unreasonable in light of the impact of their condition, we would require the claimant to attend a Work Focused Interview.

Work coaches apply the Tailoring Up approach, which uses voluntary and mandatory commitments that build as knowledge and understanding of the claimant’s capability grows. This allows the claimant to move at a pace that is comfortable for them as their confidence builds. Engagement at the interview remains mandatory.

Work coaches have the flexibility to personalise the work-related requirements for individual claimants based on the impact of their health condition; this may include restrictions on the number of hours, type and location of work. They can remove all work-related requirements where it is not reasonable to expect them to be able to fulfil them.

I have replied explaining that we are aware of work coach flexibilities and pointing out that this was helpful feedback as to how terminology can really impact on a client

[ Edited: 28 Jul 2022 at 11:31 am by Daphne ]
Dan Manville
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Greater Manchester Law Centre

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Total Posts: 466

Joined: 22 January 2020

Daphne - 26 July 2022 04:06 PM

Sorry Dan - I’ve been away and still catching up with everything - I’ll raise this via stakeholders :)

No need for apologies; I’ve been admiring your holiday pics in another place…

Thanks