It's important to appeal anyway in order to protect the client's position. Even if his misconduct was indisputable, there might still be scope for disputing length of sanction (mitigating factors might be: first occasion, previous long service, one-off incident, etc) and the Tribunal can't increase the sanction beyond 26 weeks, so what's he got to lose?
The dismissal may be fair in employment law, but different criteria apply to JSA sanctions.
Sometimes employers give different reasons for dismissal on the enquiry form to DWP (which they are not obliged to complete and return, but almost all do), which can open up the possibility of a challenge to the dismissal under employment law.
Has client tried a not-for-profit advice agency with an employment law adviser?
Client needs to continue to sign on otherwise he won't qualify if sanction is lifted or reduced.
Has an application been made for JSA hardship payments?
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