Working 16 hours down to 12

kazzyd_2

I currently work 16 hours and I get some of my rent paid by UC. I've posted previously about LCWRA if I dropped hours. 
This though is a slightly different question and nothing to do with LCWRA.

A vacancy has come up in my work with better but less hours, only 12. I have asked if I could apply for it and have one of my other shifts thrown in to keep 16 hours but that's a no.
So, my question is, if I applied for and got 12 hours, therefore dropping 4. How would that work with UC? Would I be sanctioned, penalised or anything? Made to look for more hours?

poppy12345

As you've been found to have LCWRA then dropping your hours wouldn't be a sanction because you have no work commitments.

kazzyd_2

poppy12345 said:

As you've been found to have LCWRA then dropping your hours wouldn't be a sanction because you have no work commitments.

Sorry, no, I don't have LCWR, I only mentioned that because I'd asked about it before.
This would be just dropping 4 hours because I don't feel up to it mentally and physically. There would no official reason for me doing it.

poppy12345

Thanks for that. If you reduce your hours to 12 this means that you could now report your health condition and send in fit notes tp start the work capability assessment process off. There should be no sanction for reducing hours because of your health.

kazzyd_2

poppy12345 said:

Thanks for that. If you reduce your hours to 12 this means that you could now report your health condition and send in fit notes tp start the work capability assessment process off. There should be no sanction for reducing hours because of your health.

Thank you Poppy. So what if I don't start the work capability process off. What if I just tell them I only work 12 hours now? What will they do?
Basically, I asked my GP back in January about a fit note if I dropped hours. She told me she didn't know what I was talking about, she issued fit notes to say someone isn't fit for work, not that they're fit to work only a certain amount of hours.
So just really wondering what happens if I just change to 12 hours without doing anything else.

calcotti

kazzyd_2 said:

poppy12345 said:

Thanks for that. If you reduce your hours to 12 this means that you could now report your health condition and send in fit notes tp start the work capability assessment process off. There should be no sanction for reducing hours because of your health.

Thank you Poppy. So what if I don't start the work capability process off. What if I just tell them I only work 12 hours now? What will they do?

I you have voluntarily given up work then you can be sanctioned. Much better for you to get a Fit Note from your GP, if they will give you one, confirming that you have a limitation on what you can do. That will prevent you being sanctioned (regardless of what the future outcome of any Work Capability Assessment is).

Your GP is wrong about the Fit Note. Go back to them.
Getting the most out of the fit note: guidance for healthcare professionals - GOV.UK (www.gov.uk)
There is a box on the Fit Note which specifically states that the patient may be fit for work subject to the advice on the form - one of which is to reduce the hours of work.

May be fit for work taking account of the following advice
Your patient may be fit for work, taking account of your advice about the functional effects of their condition.
You should tick this box if your patient could do some form of work (not specifically their current job). This gives maximum flexibility to your patient and their employer to discuss ways to accommodate your patient’s condition, which may include changing their duties for a while or reducing their hours.

kazzyd_2

Thank you @poppy12345 & @calcotti. Very much appreciated.

Edited to add.... So if they agree to a fit note.... Is this an ongoing thing if my condition remained the same, do they just keep reissuing one?

Spoonie_Turtle

kazzyd_2 said:

Thank you @poppy12345 & @calcotti. Very much appreciated.

Edited to add.... So if they agree to a fit note.... Is this an ongoing thing if my condition remained the same, do they just keep reissuing one?

Yes, until you have the assessment and a decision is made about your fitness for work.

kazzyd_2

Spoonie_Turtle said:

kazzyd_2 said:

Thank you @poppy12345 & @calcotti. Very much appreciated.

Edited to add.... So if they agree to a fit note.... Is this an ongoing thing if my condition remained the same, do they just keep reissuing one?

Yes, until you have the assessment and a decision is made about your fitness for work.

So if the assessment disagreed with the GP and said I can work 16 hours, then what would  happen. I'd have already changed to a 12 hour contract and I know work wouldn't give me this 4 hours back.
I'm not sure what to do, I want to drop to 12, I could possibly even take a hit on money as long as I still got some rent paid, so I wouldn't be overly worried about claiming extra money, I just dont want to have   them on my back to get extra hours.

poppy12345

kazzyd_2 said:

Spoonie_Turtle said:

kazzyd_2 said:

Thank you @poppy12345 & @calcotti. Very much appreciated.

Edited to add.... So if they agree to a fit note.... Is this an ongoing thing if my condition remained the same, do they just keep reissuing one?

Yes, until you have the assessment and a decision is made about your fitness for work.

So if the assessment disagreed with the GP and said I can work 16 hours, then what would  happen. I'd have already changed to a 12 hour contract and I know work wouldn't give me this 4 hours back.
I'm not sure what to do, I want to drop to 12, I could possibly even take a hit on money as long as I still got some rent paid, so I wouldn't be overly worried about claiming extra money, I just dont want to have   them on my back to get extra hours.

Once a decisions been made on the work capability assessment it will either be fit for work, Limited Capability for work, or Limited Capability For work related Activity.

If fit for work then provided your earnings are above £338./month then you shouldn't be expected to look for more work.

However, if you reduce your hours now without the fit note then a sanction may apply.

If you can get the fit note is there any reason why you're reluctant to go down this route?

kazzyd_2

poppy12345 said:

kazzyd_2 said:

Spoonie_Turtle said:

kazzyd_2 said:

Thank you @poppy12345 & @calcotti. Very much appreciated.

Edited to add.... So if they agree to a fit note.... Is this an ongoing thing if my condition remained the same, do they just keep reissuing one?

Yes, until you have the assessment and a decision is made about your fitness for work.

So if the assessment disagreed with the GP and said I can work 16 hours, then what would  happen. I'd have already changed to a 12 hour contract and I know work wouldn't give me this 4 hours back.
I'm not sure what to do, I want to drop to 12, I could possibly even take a hit on money as long as I still got some rent paid, so I wouldn't be overly worried about claiming extra money, I just dont want to have   them on my back to get extra hours.

Once a decisions been made on the work capability assessment it will either be fit for work, Limited Capability for work, or Limited Capability For work related Activity. 

If fit for work then provided your earnings are above £338./month then you shouldn't be expected to look for more work. 

However, if you reduce your hours now without the fit note then a sanction may apply.

If you can get the fit note is there any reason why you're reluctant to go down this route?

I would still be earning over £338 so that's good to know.

I think I'm reluctant because I just think they'd see me as fit. I rarely go to my GP so my problems aren't documented that often. I do have some leg problems but I've never seen my GP about them, just a bit of arthritis. My main issue is anxiety and depression. I manage to hide it very well and have only been off work once with it. I stopped on Friday for 10 days holiday and I've been getting anxious about going back since Sunday. I rarely go out the house, it's usually only work I go to. 
Sorry, getting sidetracked, basically I just think I'd been seen as being overweight and lazy rather than having genuine problems.
However, I am going to phone my GP tomorrow and see what they say.