I have a man who I am advising re: failing pca in Sept. 07.
However it turns out he has lodged another appeal for failing the pca in feb 07- on this occasion he actually told the medical adviser that he was fit to return to work, he then went back to his employer who sent him to occ health - who said he could not return yet. He tried to claim JSA but was told he could nt due to job (?) and was advised to re-claim IS (by JC + staff) advising of another health problem- he has several- he was refused as the medical adviser had considered all the health problems.

He has appealled this decision, but having looked through the secretary of states submission- dont think he has a chance.
What I'm wondering is was he misadvised by JC+ and should he have been eligible to claim JSA even though he has a job ?

Generally, if a person is under a continuing contract of employment, the DWP will regard that person as not available for work. A basic condition of availability is to be able and willing to take up any employed earners employment immediately. Very few people contractually bound to another will be so available but there are exceptions such as people laid off or on short time working.