Answers about work

Chris Kalman

In relation to disability legislation, and the Disability Discrimination Act (DDA) in particular, the Disability Rights Commission website is useful (see the Equality Commission website in Northern Ireland). In addition, the government website http://www.direct.gov.uk/en/DisabledPeople/index.htm also provides easy-to-understand information.

John McGregor

Call into your local Jobcentre/Jobcentre Plus (JobCentre/Jobs and Benefits Office in Northern Ireland) and ask for the following booklets (available in English and Welsh):

a) The work you want, the help you need (reference number JPS1JP)

b) A guide for disabled people, those with health conditions, and carers (reference number DHC1JP)

Both are clear and easy to understand. Don’t be intimidated by visiting your local office – staff there really are trying to help. If you need to talk to someone about any aspect you read about in the booklets, make an appointment to see an adviser. Disability employment advisers can help if you have a long-term health problem or disability, and you are considering returning to work or want help to stay in a job.

Shevanthie Goonesekera

One of the most easily accessible written format guides is the excellent Disability Rights Handbook. This contains a useful benefits checklist and a very good index that enables readers to find relevant information quickly.

The new 31st edition of this handbook is due out shortly and can be obtained from the Disability Alliance. You can contact them on 020 7247 8776 or email: office.da@dial.pipex.com

The price of the Disability Rights Handbook is £19 per copy (or £13.50 for people on benefits) inclusive of postage. Copies are also available on CD Rom at £22.33. The 30th edition is available at a reduced price.

Chris Kalman 

In many cases, yes. If your employer has an Occupational Health provision, it would be advised that you contact them direct. Alternatively, you could contact Access to Work advisers through the Jobcentre.

The legal situation would be that there is a statutory duty on your employer to consider reasonable modifications to the work to keep a person with a disability in employment.

The key questions are, therefore, whether your arthritis meets the definition of disability (the Disability Rights Commission or the Equality Commission in Northern Ireland can help you decide this), and whether the modifications proposed are reasonable.

John McGregor 

Whilst it might seem difficult to talk to a current or potential employer about your arthritis (or other health problems), employers a duty to try to accommodate your needs so as not to discriminate.

Many employers are not aware that often it is very simple steps which need to be taken to make a real difference to an employee with arthritis, and that the government’s Access to Work scheme can help fund any special adaptations or equipment needed by a disabled person.

The best approach is open communication, and talking about your health in a positive way, focusing on what you can do, and what you would be able to do if minor changes were made.

Chris Kalman 

Early retirement due to illness, or ill-health retrial, is a phrase largely restricted to work situations where there is an in-house pension scheme and hence the individual would gain early access to that scheme because of ill-health.

The process varies from scheme to scheme, as does the criteria that need to be satisfied. In the main, the decision-making process involves an appointed medical adviser to the pensions scheme who assesses the case.

I would advise you to contact the pension scheme administrators to establish the process for your organisation.

Shevanthie Goonesekera

Therapeutic earnings stem from permitted work. It is possible to undertake a limited amount of work called permitted work and still be treated as incapable of work.

You can do any work, subject to the terms and conditions laid out in your individual Incapacity Benefit claim (i.e. if you were signed off with a bad back and you are doing a job where you have to use your back, like for lifting something, this will not be advisable).

Once you start your permitted work, you must tell your local benefits office at the Jobcentre as soon as possible. According to the Benefits Enquiry Line to continue to receive benefit under the permitted work rules, you must:

• work for less than 16 hours a week, on average, and earn no more than £81 a week. This is called the Permitted Work Higher Limit (PWHL) and can last for up to 26 weeks
• work and earn no more than £20 a week, at anytime. This is called the Permitted Work Lower Limit (PWLL). There is no time limit on how long you can work under PWLL
• carry out Supported Permitted Work (SPW) and earn no more that £81 a week. SPW is work which is supervised by someone who is working for a local or public authority, for example, an NHS trust or a voluntary organisation, whose job it is to find work for disabled people. This work must be carried out in the community, for example, work carried out in sheltered workshop.
  

You can only carry out one category of permitted work at any one time. However, you can move from one type of permitted work to another.

To be eligible for PWHL, you must give written notification of the work you are doing to your local benefits office, within 42 days of starting work. For PWLL and SPW, you must tell your local benefits office that you are doing this work before it comes to an end.

Please note that any earnings you may receive under permitted work may affect your benefits. For further information, get advice from your local citizens advice bureau or call the Benefits Enquiry Line on 0800 882200 (call 0800 220 674 in Northern Ireland).

John McGregor 

It is strongly recommended that you discuss any potential voluntary work with a disability employment adviser at your local Jobcentre office before you start such work. You will generally find them to be completely supportive and encouraging.

 If, however, you forget to tell them or wait until after you start voluntary work, they tend to be rather less sympathetic. You could seek the support of the organisation you are considering volunteering with to give the Jobcentre staff details of the benefits you are likely to get from working with them on a voluntary basis.

Many people who do voluntary work with an organisation find that they move into paid employment when they finish volunteering. The Jobcentre recognises that voluntary work is a good ‘stepping stone’ for many people – particularly for those who are uncertain about their health in a working environment.

Shevanthie Goonesekera

Voluntary work is different from permitted work. Voluntary work can be undertaken irrespective of the number of hours a week you work; this is work for someone other than a close relative. You must not be paid for your work, other than expenses reasonably incurred by you in connection to your work. This could include travel expenses, for example. You can do voluntary work without your Income Support being affected.

If the Department for Work and Pensions (Department for Learning and Employment in Northern Ireland) thinks it is not reasonable for you to provide your services free of charge, they may treat you as having ‘notional earnings’.

Chris Kalman

I would refer you first to the answer at question 2 in relation to the DDA and your disability. Adaptations and modifications can be in terms of time, location, access, modified or specialist equipment. I would again suggest contact either with your organisation's Occupational Health provision or Access to Work advisers at the Jobcentre.

John McGregor

The Disability Discrimination Act requires employers to make ‘reasonable adjustments’ to assist an existing or a potential new employee to take up or keep a job where their health or disability limits them in some way.

The problem is that employers have different interpretations of ‘reasonable’. In practice, reasonable adjustments can be very simple indeed, and where special equipment or adaptations are needed, much, if not all, of the cost can be funded by the Access to Work scheme. As an example, where you may have difficulty in lifting, a reasonable adjustment would be for a work colleague to do the lifting aspect of your job, and that you do an equivalent amount of their job that is within your capabilities.

Chris Kalman 

I am sorry to hear that you have already given up your previous post. Had this not been the case, I would have suggested some contact with Occupational Health, if your employers provided such a service. In your current situation, you can get help through the Jobcentre and Access to Work advisers. This is summarised at www.jobcentreplus.gov.uk

John McGregor 

Yes. Depending on where you live in the country, there are several schemes to help you retrain. Ask at your local Jobcentre office about ‘Work Based Learning for Adults’ in England and Wales, or ‘Training for Work’ in Scotland and Northern Ireland. There may be other training programmes on offer in some parts of the country that the Jobcentre staff will be aware of. If you talk to the disability employment adviser, they often have information about schemes especially for people with a long-term health problem or disability.

Chris Kalman 

I’m afraid, this is not an uncommon feeling – sometimes it is a perception which is groundless, and sometimes, unfortunately, it is true. The issue does need to be addressed, since the likelihood is that, if it is left as it is, problems will increase with time.

The solution lies in relation to discussion within the team, though not in any way requiring you to disclose confidential medical information. You may feel confident enough to discuss these issues on your own, or you may need to consider some support. This can come either through discussion of your perceptions with line management, or perhaps with a trade union in the first instance.

If your employer has an Occupational Health provision you may consider it appropriate to discuss your feelings with them.

John McGregor 

You could give your colleagues Arthritis Care publications to read to help them understand your condition. If you are worried about talking to your colleagues you could try speaking to a member of the Arthritis Care helpline team about how to approach these discussions.

You could also try to encourage your employer to hold an Arthritis Awareness course. This is a self-management programme run by Arthritis Care for all organisations.

Chris Kalman

The question here is not what you can't do, but what you can do. Look closely at the jobs you are thinking of applying for. If you are sure you are able to do them, I would be confident that you can sell this assurance to a prospective employer.

If there is an Occupational Health pre-employment requirement, your fitness for work will be assessed and therefore the employer will have confirmation that you are able to do the job.

John McGregor

The first point to make is that you should concentrate on the things you can do rather than dwell on the things you can’t. When you have been out of work for a while, this can seem very difficult, but if you ask some friends and family what they think you are good at, you will soon be surprised by how many skills you have.

It is worth listing all these skills – think about your life so far, including the hobbies you have and not just work. Look at the list from an employers’ viewpoint, and choose the ones that are most likely to appeal. The other important thing to remember is that no-one is good at everything, even those people who do not have a health problem.

Another point to make is that employers are people too, and many of them will know someone with arthritis (if they don’t have it themselves). It will be a refreshing change for them to have someone talking positively about their health, as most people dwell on the negatives.

Chris Kalman 

Unfortunately, this is often the case. The diagnosis per say is not the issue, but whether it truly affects your ability to work, and whether work will have an effect on your ongoing condition. I would advise discussion with your doctor and specialist before coming to a conclusion on disclosure.

If your organisation has an Occupational Health provision, I would certainly advise self-referral to discuss these issues. If there is no Occupational Health provision, Access to Work advisers and the Jobcentre may also be able to provide you with advice. As indicated by the earlier answers, there are some statutory protections for you, and some support in relation to developing new skills.

John McGregor 

For people with limited numeracy or literacy skills, help is available through Jobcentre specialist providers and Learndirect centres. You don’t need literacy or numeracy skills to use the Learndirect computers, and can do so in your own time and at your own pace.

Jobcentre offices can arrange for an assessment of your numeracy and skills needs through a basic skills assessment, and refer you to a local specialist provider or Learndirect centre for the help you need.