Work While Sick

[sivam]

have been unemployed for over 2 years due to ill health / Asthma etc. Dr has signed me off for 2 months. received a letter to start 12 hours shifts from tomorrow. . Been for two interviews in last week. They insist I am on job seekers allowance but this is not the case. Is this legal please 55 year old male.

[jourdain2]

Don't know if it's legal. BUT how bad is the asthma (I have asthma but it is specific and I could certainly work where there are no irritants). Obviously, I don't know about any other health issues. Sounds as if you are really trying to find work (the interviews) so I personally would bend Heaven and Earth to start the shift work. You will cope with it, healthwise, or you won't. If the answer is negative then that helps to narrow the areas in which you can work effectively. So it sounds to me as if you are in a win/win situation. (I stand to be corrected, because I know nothing about job seeker's allowance.)

[yogi-bear]

///Been for two interviews in last week. They insist I am on job seekers allowance but this is not the case. Is this legal please 55 year old male.///

Hi sivam

Who's they?

So you are not on JSA....so you have been to 2 interviews and now 12 hour shift starts tomorrow...left it late, sivam, if you have a grievance, so you being signed off by your GP, for 2 months.....why do you think your ill health has sufficiently gone that you can manage the work?
Dr doesn't think so, otherwise he wouldn't have signed you off.
What bit do you ask is legal?

[Hypognosis]

You neglected to mention this sick note to the employers at interview stage?

Why?

I'm confused because your post is ambiguous:

- You could be a sick person, fearful of being forced into work (threat of benefits sanctions?) which might trigger a serious breakdown of health, or worse;

- You could be someone desperate to get off benefits and back into work and are prepared to disobey doctor's orders -and- conceal a rest-requiring condition from a prospective employer who is thus unaware that things they order you to do could lead to a serious breakdown in your health and expose them to the risk of a lawsuit.

[EDDIE51]

When you say you have been to 2 interviews do you mean job interviews or interviews with the benefits agency? I am thinking possibly you have been to an assessment interview ( ATOS ?)and been classed as 'fit for work' so they have put you on JSA instead of ESA or disability benefit. That is legal and happens a lot now.

[sivam]

Thank you all for your answers.

[Xyremus]

Oviously we need more information. However I don't think it is legal you can't be forced to work if you are not in the shape to do so!

[EDDIE51]

Xyremus, 'ATOS', the assessment company that the DWP subcontracts to do 'fitness to work' interviews has a policy of cancelling claimants sickness benefit and putting them back on JSA. They get a £250 bonus for every person who's claim they cancel. The policy is that if you can use one finger and press a button you can do a job.