Employer trying to actually do right to dismissed employee

[ErikaPNP]

Employment and Support Allowance (ESA) does not have sanctions for being dismissed from a job. It is a sickness benefit and can only be paid if his GP certifies him as unfit for work. If his GP does this, he would be able to claim ESA at an assessment rate of £67.50 per week until April where it rises to £71.00 per week (assuming he is over 25 - for under 25's there is a lower rate) - this will continue until he has an assessment by ATOS who will determine whether he has limited capacity for work. This is supposed to take place within 13 weeks but in reality it rarely does. If he is determined by ATOS to have limited capacity for work, his benefit will increase and he will be placed in the work group where he must undertake work related activity unless he also has limited capacity for this also in which case he'd be placed in the support group and not be expected to partake in activities. If the ATOS assessment determines that he does not have limited capacity for work, his ESA would stop. He would then be looking at appealing or claiming another benefit.

 

DLA can only be paid if his disability gives rise to care and mobility needs. He will not get this solely on the fact that he has anger issues or alcoholism. There must be care or mobility needs arising from it.

 

These are the benefits he could apply for if he meets the criteria. If his GP does not believe he is unfit for work (and by that it must be unfit, full stop - not just unfit for bar work) or if he does not have a condition that gives rise to care or mobility needs then JSA is the only benefit he can claim.

 

It is likely that a sanction would be imposed for JSA. A sanction is where he must still satisfy all of the conditions for JSA but he will not be paid any money. The maximum period that they can impose a sanction for is 26 weeks. I say that it is 'likely' not only because his employment was terminated for gross misconduct but because of the several warnings that he had for similar instances before he was dismissed. Good cause is unlikely to be accepted because of this. It is by no means a certainty that he would be sanctioned but more likely in my experience than not because of the circumstances.

 

If it's a case of he is fit for work but is just unable to receive payment of JSA because of the misconduct and is looking for another way to claim benefit, our help is extremely limited in respect of benefit advice and the best advice we could give is for him to seek and secure alternative employment that will not impact on his illness. One thing perhaps worth mentioning is that he can appeal against a decision to sanction and if he has evidence of an illness which doesn't preclude him from work per se but did interfere with his ability to perform in the role from which he was dismissed he may be able to present an argument. He can also submit a claim hardship payments if sanctioned but I cannot guarantee that he would be accepted for hardship payments. He would not be eligible for any Social Fund assistance (i.e Crisis loans) if he was sanctioned.

 

If an appeal is unsuccessful, hardship is unsucessful and he doesn't qualify for the other benefits mentioned, the only way he can eat is by visiting a food bank.

 

It's unclear whether he does have a condition or doesn't have a condition but is generally having a tough time of it and choosing to drink alcohol which fuels his temper. If he does not have a condition and is perfectly able to function unless he chooses to drink (by that I mean if he makes the choice to drink, not if he is addicted to alcohol which is very different) then I would give you some advice also - wash your hands. I understand you are trying to help and for that you should be commended - but if a person does not have a condition and starts to lean on you to support them, and you pick up the pieces every time, you go from being a supporter to an enabler which could well come with its own set of consequences for you and your family. Bear in mind that you are no longer an employer of this man and owe him no duty of care. Be careful and look after yourself and your family.