Hello, I have a client who has been dismissed for Gross Misconduct and is awaiting an Employment Tribunal Hearing.

The DWP have stopped her JSA and she is now applying for hardship payments.

I have been trying to find out further details regarding the reference in Cpag to the question whether the claimant is 'blameworthy' for her dismissal.

It refers to R(U) 8/57 para 6 in the index, but can't find that any where.

Does any body know of any DWP guide lines or Decisions that cover this issue?

Thank you

Graham

Not had a case like this for a long time - but if memory serves me right Sanctions should not apply if employment case going to Tribunal - that was the case in my past dealings.

Thank you for your reply ...

I have sent the DWP a copy of the Employment Tribunal Submission and am waiting a reply.

She is a single parent, yet they are saying she has to wait 2 weeks to claim hardship payments.

Have you got a copy of the decision in which they held off from sanctioning your client because an Employment Tribunal was yet to be concluded?

Thank you

Graham

I havent sorry, I was with previous employer then - but sanction decision was appealed and sanction removed 2 weeks after I informed them of employment tribunal claim along with reasons why client lost confiidence and respect for employer -

Depending on reasons for sanction - appeal should try an show that her actions were reasonable and that employer was not reasonable, didnt follow grievence procedure, disaplinary procedure, lost confidence in employer, placed unfair demands etc - dont just rely on fact employment tribunal hearing is pending

There is no waiting period for hardhsip payment's if she is in a vulnerable group - then hardship payments start from day of sanction - she needs to make a statement of hardship ASAP