Dismissed from job - am I disqualified from JSA

[Jaybee in CF]

Hi all,

 

I was recently sacked (for reasons quite spurious) by my last employer, and now the DWP want to see a letter from them establishing why I left my job. The letter is pretty scathing about my behaviour ("inappropriate" comments and other oversensitive twaddle) but states they dismissed me, and I was NOT dismissed for Gross Misconduct.

 

However, does the fact the dismissal was about 'behaviour', and not performance/attendance etc, mean I can't get JSA as before?

 

Would appreciate some clarity as this is a concern.

 

Cheers,

 

JB

[Jaybee in CF]

Just to clarify, while the word 'Misconduct' is not mentioned, the letter mentions "reports and allegations from co-workers and customers", it LOOKS serious but as above it really is just oversensitive claptrap.

[renegadeimp]

Does the letter go into detail?

 

What were the nature of the comments. As you refer to them as over sensitive.

[Jaybee in CF]

Does the letter go into detail?

 

What were the nature of the comments. As you refer to them as over sensitive.

 

Just minor butting heads between myself and other colleagues. No swearing or abuse etc.

[renegadeimp]

What you may consider minor, your previous employer considers serious. Im asking because The employer may be asked to elaborate. For instance if y ou did it to delibrately get sacked, or it was a simple case of bad judgement.

[honeybee13]

Have a read of this link by the CAB. It doesn't have all the answers, but there are some good suggestions.

 

https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/after-youve-been-dismissed/

 

HB

[Jaybee in CF]

What you may consider minor, your previous employer considers serious. Im asking because The employer may be asked to elaborate. For instance if y ou did it to delibrately get sacked, or it was a simple case of bad judgement.

 

How on earth can anyone prove either of those? More worryingly, if the JC arbitrarily believe the employer over myself and sanction me how would I prove I wasn't out to get sacked?

[renegadeimp]

Im only asking, as they may ask too. In any case, follow the link HB posted

[Jaybee in CF]

Have a read of this link by the CAB. It doesn't have all the answers, but there are some good suggestions.

 

https://www.citizensadvice.org.uk/work/leaving-a-job/dismissal/after-youve-been-dismissed/

 

HB

 

Thanks, but the link doesn't specify what constitutes 'misconduct', or whether that word needs to appear in a letter of termination.

[honeybee13]

It could be a question for the DWP, but maybe someone here knows.

 

HB

[renegadeimp]

Have they seen the letter yet?

[Jaybee in CF]

Have they seen the letter yet?

 

Nope. They don't even know who the employer is (for sure) yet. Though they either implied or stated the claim won't be live until they do.

[tomtom256]

Yep if they do not get the information via an ES84 completed an/or an ES85 from the employer as if you quit or were let go for misconduct etc then you will likely be sanctioned on any claim to benefits.

 

With out this information/proof, a Labour Market DM cannot put the claim into payment.

 

It's a simple case of provide the information or end the claim and wait until over 13 weeks has passed since the dismissal, then it won't matter why you left the job.