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

Standing or sitting

Martin Williams
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Welfare rights advisor - CPAG, London

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Unfortunately, the UT has decided that a person who can remain at a work station for the required length of time by a combination of standing and sitting does not qualify for descriptor 2(b) or (c) points: MC v SSWP [2012] UKUT 324 (AAC)

http://www.osscsc.gov.uk/Aspx/view.aspx?id=3561


I guess that gives the answer (at least for the standing/sitting descriptor) to the various musings here:

http://www.rightsnet.org.uk/forums/viewthread/1770/


Martin

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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Martin Williams
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Welfare rights advisor - CPAG, London

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Sorry I missed the other thread….

roecab
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Welfare benefits supervisor - Roehampton CAB

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So if you can sit or stand or sit and stand then you can’t score so it will only apply to who? Those who have to lay down?

nevip
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Welfare rights adviser - Sefton Council, Liverpool

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More or less.

roecab
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Welfare benefits supervisor - Roehampton CAB

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Levitation, it’s the way forward.

Ariadne
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Social policy coordinator, CAB, Basingstoke

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Or up, more likely.

Damian
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Welfare rights officer - Salford Welfare Rights Service

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Would someone be able to work for 30 minutes if they were able to stand / sit at the workstation for 30 minutes? The main example he uses - a checkout - seems to be a bit unusual to me. Checkout workers sit on high stools so the shift from sitting to standing is not such a problem. I’ve never operated a lathe in a proper industrial setting so I’m not so sure about the practicalities of doing that sitting down but most machines in manufacturing are set up to be used in one position. I have operated industrial crosscut saws, bandsaws and a mitre cutter (like a guillotine for wood) and none of these could be safely operated sitting down, at least without extensive adaptation of the machine. I suppose a desk is a more common workstation now but for people with back problems leaning over a desk from a standing position to work seems likely to cause problems. I suppose you could raise the desk up to perch on a stool. Whilst it may be true that the terms of the descriptor and the general approach of the WCA involving looking at an adapted workplace mean that the UT conclusion is the right one I think in practice if someone with these sorts of problems has to try and cope in a real workplace it would be a bit of a struggle for them.

[ Edited: 16 Nov 2012 at 09:17 am by Damian ]