Medical Condition and Job Seeking as required by SW

[Cashstrapped]

My Sister in law has been recently diagnosed with Fibramyjlia (sorry don't know the correct spelling). She has been out of work for the last 6 months on SW certs as was not capable of working and the Doctors could not work out what it was. Her Employer has been trying to get a return to work date for her as he needs all his staff on hand for the Christmas period, however her doctor is recommending that she should only return to work on a part-time basis as it would not be in the interest of here health to work full time, her Employer is not in agreement of this.

As she is getting a bit of hassle from him she is considering resigning her position and looking for part time work only, once her pain has come under control but she is worried about the implications of this for SW purposes.

Does anyone know if she can seek only part time work or will she get hassle from the SW, as I read it when you are claiming job seekers you need to be available all days. Is there any other way around this, if she was to resign could she sign on illness benefit, any advice appreciated.

 

[ClubMan]

Her Employer has been trying to get a return to work date for her as he needs all his staff on hand for the Christmas period, however her doctor is recommending that she should only return to work on a part-time basis as it would not be in the interest of here health to work full time, her Employer is not in agreement of this.

As she is getting a bit of hassle from him she is considering resigning her position

Could this constitute constructive dismissal?

and looking for part time work only, once her pain has come under control but she is worried about the implications of this for SW purposes.

Does anyone know if she can seek only part time work or will she get hassle from the SW

Is she on any SW payment now?

as I read it when you are claiming job seekers you need to be available all days.

Where did you see this? As far as I know you may not be available for or seeking work full time but still qualify for Jobseeker's Benefit/Assistance.

 

[Cashstrapped]

Hi Clubman thanks for the responses,

1. She has looked into constructive dismissal but the reply she got from ERA is that this can be a very expensive avenue to go down and also that her Employer is not obliged to keep her job open and the fact she has a full time hours contract means he is not obliged to provide her a part time one.

2. She is currently on illness benefit but is being called up against the SW Doctor later in the week, therefore her reason in trying to find out if she tells them she intends seeking part time work will they be content with that or cut her benefit off altogether.

3. Obviously my mis-reading of what it means by you must be genuinely seeking work. From my own experience I work 3 days a week and on a number of occasions have been asked to produce rejection letters to prove I have been seeking alternative (what I assume) to be full time employment.