Working 16 hours down to 12

kazzyd_2

Spoonie_Turtle said:

kazzyd_2 said:

Spoonie_Turtle said:

kazzyd_2 said:

So I am going to attempt it myself. I had a look a the descriptors and reckon I should hopefully be able to make the 15 points, especially with the sitting and standing.
I also now understand the difference between LCW & LCWRA. To be honest, I doubt I'd make LCWRA as I already work but I'd be quite happy with LCW.

In a way this can go in your favour, if you have accommodations at work which would be evidence supporting what you are saying about your health.

Remember it's based on what you repeatedly, reliably, and safely can do - so for example, sitting or standing for half an hour once doesn't count if you then can't do it again for hours because of pain or fatigue.
https://wcainfo.net/issues/majority-of-time-always

There's nothing in place at work for me. I work in a supermarket, 6 tills but only one with a chair. This is usually reserved for the older staff and ones with worse conditions than me. 
I am being referred to OH at work but not sure why because I have to be on my feet, there's no other option. The only thing I've agreed with my manager is that I won't stand a till for longer than 30 minutes, I just can't do it. Sometimes though it's just not possible. 

Fair enough.  Would sitting on a chair enable you to stay at the till?  That's good they're referring you to OH; either way the difficulties you're having are evidence, even if not for LCWRA. 
[My comment was mainly because working doesn't necessarily preclude a LCWRA determination, but obviously depends on individual circumstances.]

Do be aware that the standing/sitting activity looks at a combination of standing/sitting if need be, and mobilising (if it's relevant to you) includes using a manual wheelchair, not just walking.  

Yes, a chair would allow me to stay at a till but again, there are a couple of guys in their 70s who work there and I wouldn't sit while they stand. To be honest I'm not sure I could sit for hours now anyway, this is what I did last year, 7 hours sitting at the till, that was very uncomfortable too.

So, is it better that I can stand for 30 minutes, go away and do something else then come back for 30?I can do that, it's uncomfortable but if I have to do it then I have to do it.

KxMx

Spoonie_Turtle said:

kazzyd_2 said:

Robbie64 said:

Is there a reason why a second chair can't be provided by the employer?

It's a modernised store. Its chairs that are fixed to the floor. They took them all away when it was modernised. People with worse conditions than me have went through OH and no matter what, the chairs are definitely not coming back.

Ridiculous.  Sounds like they're failing their duty to make reasonable adjustments under the Equality Act.

Employees have the right to ask for reasonable adjustments under the Act, but they do not have the right to compel an employer to agree. 

The employer can say chairs don't meet the needs of the business/say no just because they want to.

Yes the legislation is meant to protect employees and I'm sure often does, but there are still employers like the one who forced my mother out of her job just because he wanted ft staff and not pt which is what she needed.
She also had GP and OH in agreement but what it boils down to is the employer can still no despite the legislation. 

Spoonie_Turtle

KxMx said:

Spoonie_Turtle said:

kazzyd_2 said:

Robbie64 said:

Is there a reason why a second chair can't be provided by the employer?

It's a modernised store. Its chairs that are fixed to the floor. They took them all away when it was modernised. People with worse conditions than me have went through OH and no matter what, the chairs are definitely not coming back.

Ridiculous.  Sounds like they're failing their duty to make reasonable adjustments under the Equality Act.

Employees have the right to ask for reasonable adjustments under the Act, but they do not have the right to compel an employer to agree. 

The employer can say chairs don't meet the needs of the business/say no just because they want to.

Yes the legislation is meant to protect employees and I'm sure often does, but there are still employers like the one who forced my mother out of her job just because he wanted ft staff and not pt which is what she needed.
She also had GP and OH in agreement but what it boils down to is the employer can still no despite the legislation. 

I know in practice the 'reasonable' is used as a massive loophole, doesn't mean that refusals are actually legal though.  It's terrible that there's no real way to enforce the Act. 

kazzyd_2

I have another question and thought it best to stick to the same thread.
I'm my work, everyone has to commit to some extra hours during the Christmas period. 
So, if my contract is 12 and I commit to an extra 4 hours in a week, am I right in thinking that would put a stop to any claim for LCW? 
What if I make it 3.45? Would that be ok? 
Obviously I haven't got LCW yet but I don't want to do anything to jeopardise it.

Robbie64

kazzyd_2 said:

I have another question and thought it best to stick to the same thread.
I'm my work, everyone has to commit to some extra hours during the Christmas period. 
So, if my contract is 12 and I commit to an extra 4 hours in a week, am I right in thinking that would put a stop to any claim for LCW? 
What if I make it 3.45? Would that be ok? 
Obviously I haven't got LCW yet but I don't want to do anything to jeopardise it.

As you have yet to be assessed for LCW you will need to keep to under 16 hours per week.

poppy12345

Robbie64 said:

kazzyd_2 said:

I have another question and thought it best to stick to the same thread.
I'm my work, everyone has to commit to some extra hours during the Christmas period. 
So, if my contract is 12 and I commit to an extra 4 hours in a week, am I right in thinking that would put a stop to any claim for LCW? 
What if I make it 3.45? Would that be ok? 
Obviously I haven't got LCW yet but I don't want to do anything to jeopardise it.

As you have yet to be assessed for LCW you will need to keep to under 16 hours per week.

It's not the hours that count. Unless the person has a PIP or DLA award they need to make sure their earnings are less than 16xNMW/week. Not sure if that applies once the claimant has been referred for the WCA though.

Robbie64

poppy12345 said:

Robbie64 said:

kazzyd_2 said:

I have another question and thought it best to stick to the same thread.
I'm my work, everyone has to commit to some extra hours during the Christmas period. 
So, if my contract is 12 and I commit to an extra 4 hours in a week, am I right in thinking that would put a stop to any claim for LCW? 
What if I make it 3.45? Would that be ok? 
Obviously I haven't got LCW yet but I don't want to do anything to jeopardise it.

As you have yet to be assessed for LCW you will need to keep to under 16 hours per week.

It's not the hours that count. Unless the person has a PIP or DLA award they need to make sure their earnings are less than 16xNMW/week. Not sure if that applies once the claimant has been referred for the WCA though.

Thanks for the clarification.

calcotti

poppy12345 said:

It's not the hours that count. Unless the person has a PIP or DLA award they need to make sure their earnings are less than 16xNMW/week. Not sure if that applies once the claimant has been referred for the WCA though.

For UC there are no limits on hours worked once LCW or LCWRA is awarded. However until this decision is made the WCA referral may be stopped if 16 hours are worked.

poppy12345

Thanks for that confirmation calcotti, i couldn't remember and didn't want to give incorrect advice.

calcotti

poppy12345 said:

Thanks for that confirmation calcotti, i couldn't remember and didn't want to give incorrect advice.

I’m not clear what the regulations actually say about this but have certainly come across WCA process halted due to breaching the limit. When process is being carried out in a reasonable timeframe the question doesn’t arise but the long delays that now exist mean that people sometimes get better and resume work before WCA is completed.