Understanding Limited Capability for Work and Its Impact on Employee Benefits
As an employer, it is essential to understand the legal rights of employees with limited capability for work. These employees may have a long-term illness, injury, or disability that impacts their ability to perform their job functions fully.
Limited Capability for Work (LCW) is a term used by the UK government to describe an employee’s inability to work or perform certain duties for 28 weeks or more due to a health condition or disability. LCW entitles employees to specific employee benefits and job protection under the Employment and Support Allowance (ESA) and the Equality Act 2010.
Employee Benefits and Limited Capability for Work
Employees with LCW are entitled to specific employee benefits that support them during their time of illness or injury. These benefits include:
1. Statutory Sick Pay (SSP)
SSP is a payment that employers make to employees who are off work due to illness or injury for up to 28 weeks. All eligible employees, including those with LCW, are entitled to this payment.
2. Employment and Support Allowance (ESA)
ESA is a government benefit paid to individuals who cannot work due to a health condition or disability. Employees with LCW who are off work for more than 28 weeks may be eligible for this allowance.
3. Personal Independence Payment (PIP)
PIP is a government benefit for individuals who need extra help with everyday activities due to a health condition or disability. Employees with LCW may be eligible for PIP, which can help them meet additional expenses related to their condition.
Job Protection and Limited Capability for Work
Employees with LCW are entitled to job protection under the Equality Act 2010. This means that employers must make reasonable adjustments to help employees with LCW perform the essential functions of their job.
Employers must also consider alternative roles or reduce an employee’s work hours as part of the reasonable adjustments process. Employers who discriminate or dismiss employees with LCW may face legal action and financial penalties.
Supporting Employees with Limited Capability for Work
Employers can support employees with LCW by creating an inclusive workplace culture and implementing reasonable adjustments. Employers can also provide access to occupational health services, which can provide medical advice and support for employees with LCW and their managers.
By supporting employees with LCW, employers can create an inclusive workplace culture, reduce absenteeism and presenteeism, and retain valuable employees.
Conclusion
In conclusion, limited capability for work affects employee benefits and job protection. Employers must understand the legal rights of employees with LCW and provide the necessary support to create an inclusive workplace culture. By doing so, employers can retain valuable employees and reduce absence rates, benefiting both the employee and the business.
