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Top Income Support & Jobseeker's Allowance topic #8047

Subject: "JSA Sanction" First topic | Last topic
starkey
                              

welfare rights advisor, norcas Norfolk
Member since
05th Nov 2009

JSA Sanction
Wed 02-Jun-10 03:29 PM

Just a quickie!

Hoping this doesn't sound (or is) too obvious....

Scenario - Person gets dismissed for Gross Misconduct after 16 years with same employer.

Sought advice from an Employment Solicitor, who said "don't bother to challenge as it'll cost you too much, and you don't have a strong case".

Anyway, he has been sanctioned by DWP for the max period - 26 weeks.

Question is ... at the end of the 26 weeks, will he still be able to claim JSA contrib based or is it lost during the sanction period??

Thanks Folks

Jackie

  

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Replies to this topic
RE: JSA Sanction, steve_h, 02nd Jun 2010, #1
RE: JSA Sanction, starkey, 02nd Jun 2010, #2
      RE: JSA Sanction, jimmckenny, 04th Jun 2010, #3
           RE: JSA Sanction, nevip, 04th Jun 2010, #4
                RE: JSA Sanction, ariadne2, 04th Jun 2010, #5
                     RE: JSA Sanction, Neil Bateman, 07th Jun 2010, #6
                          RE: JSA Sanction, Neil Bateman, 07th Jun 2010, #7

steve_h
                              

Welfare Rights Caseworker, Advocacy in Wirral, Birkenhead, Wirral
Member since
06th Mar 2006

RE: JSA Sanction
Wed 02-Jun-10 03:35 PM

Lost

  

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starkey
                              

welfare rights advisor, norcas Norfolk
Member since
05th Nov 2009

RE: JSA Sanction
Wed 02-Jun-10 03:54 PM

Thanks Steve

  

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jimmckenny
                              

social services, kirklees metropolitan council
Member since
21st Jan 2004

RE: JSA Sanction
Fri 04-Jun-10 12:40 PM

Assume they have appealed the length of the sanction?

  

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nevip
                              

welfare rights adviser, sefton metropolitan borough council, liverpool.
Member since
22nd Jan 2004

RE: JSA Sanction
Fri 04-Jun-10 12:53 PM

And if sanction period reduced then JSA can be claimed for the period, 26 weeks minus the length of the sanction period.

  

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ariadne2
                              

Welfare lawyer and social policy collator, Basingstoke CAB
Member since
13th Mar 2007

RE: JSA Sanction
Fri 04-Jun-10 05:46 PM

Chances of succeeding at appeal will very much depend on how gross the misconduct was. If very bad (eg, dishonesty relating to work, violence or racist /sexist abuse against a colleague) - not much chance. If something pretty minor that everybody did (like using the office photocopier for personal documents, booking a holiday online) - better chance.

  

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Neil Bateman
                              

Welfare rights consultant, www.neilbateman.co.uk
Member since
24th Jan 2004

RE: JSA Sanction
Mon 07-Jun-10 10:15 AM

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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Neil Bateman
                              

Welfare rights consultant, www.neilbateman.co.uk
Member since
24th Jan 2004

RE: JSA Sanction
Mon 07-Jun-10 03:32 PM

Just to add to my post. An employment law adviser in the NFP sector may be able to salvage something from the situation even if there is a weak case on unfair dismissal issue - for example, an agreed reference and a payment to settle or avoid any litigation,

  

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Top Income Support & Jobseeker's Allowance topic #8047First topic | Last topic