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Is this a exceptional circumstance for Support G?

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9 years 3 months ago - 9 years 3 months ago #129470 by Chlorinated
Suppose somebody has a mental illness and they shows strange behaviour most of the time. however this behaviour can be stopped if some changes are made to the work environment. for example lets say putting many '10 individual pots of flowers' in the office will make him behave normally.

Some employees may make this change for him however I think it's unreasonable to expect an employee to do that. Even if you isolate him in his own room it will be difficult to find such a job and let him put 10 flowers there. Such a person could however possibly work from home.

In this context would he be placed in the wrag and told to:
a)find a job where the employer will allow him to have the 10 flower pots
b)Told to find a job where he will have his own room+the 10 flower pots
c)told to work from home?

Or would he be placed in the support group because the above would be considered unreasonable for the work environment? What about the case of working from home though, won't they push for that?

Thanks
Last edit: 9 years 3 months ago by . Reason: Tick.

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9 years 3 months ago #129496 by Gordon
Amonia

It is not whether any employer would make such an adjustment, it is whether there is a reasonable expectation that one (not specific) employer could.

To be successfully placed in the WRAG using this route, you need to argue that there are no reasonable adjustments that could be made by an employer that would allow you to work. Attempting to show that an employer would not make a particular adjustment will not result in an award.

Regulation 29 can only result in a placement in the WRAG not the Support Group, there is a similar requirement for the SG that is covered by Regulation 35, the ESA guides cover this.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems

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9 years 3 months ago #129535 by Chlorinated
Replied by Chlorinated on topic Is this a exceptional circumstance for Support G?
Please clarify

1. Do you mean to say that if it is reasonable to think that an employer(could be found) that would accommodate this(regardless of if most employers wouldn't), then this person will be in the wrag group and made to search for such an employer?

2. On the other hand if it was unreasonable to think that such an employer could be found then this person would be placed in the support group?

In the answer to 1 is yes, what happens when this person start going to wrag appointnents and start acting strange and distressed as a result of not having 10 flowers around him(assuming the wrag appointment agent) doesn't accommodate the flower arrangement ?

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9 years 3 months ago - 9 years 3 months ago #129566 by Gordon
Amonia

As I said in my previous post you are looking at this from the wrong way, it is down to you to show that there are no reasonable accommodations that an employer can make in order for you to be able to work. Your putting forward examples that you would not expect an employer to be able to meet, will not achieve this.

Again, as previously posted, Regulation 29 only applies to the WRAG, meeting or not meeting it will not result in your being placed in the Support Group.

By definition, if you are placed in the WRAG you are believed to be able to attend Work Focussed Interviews and to participate in Work Related Activity, that said, the JC+ advisor must make reasonable adjustments to take into account any limitations that result from your conditions, this could be the deferment of activities or for example, carrying them out over the phone. However, any decision on this is at the advisor's discretion.

Gordon

Nothing on this board constitutes legal advice - always consult a professional about specific problems
Last edit: 9 years 3 months ago by Gordon.

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