I got sacked from my job today for gross misconduct can i claim jobseekers allowance

starrystarry

terra_ferma wrote: »

How would the employers know that he was not intending to do so?
I doubt they can read his mind...

Agreed. If I was his employer and he called in sick with an upset stomach or whatever, I'd just be expecting that he'd have a day or two off work, nothing much to worry about. If he called in sick and said he'd hurt his back at work I'd be worrying about the possibility of a PI claim, long-term absence, finding someone to cover his work etc. It could have an impact on the business. Completely different kettle of fish.

taba

My husband was recently dismissed for Gross Misconduct, it was a total shock, his claim for JSA was approved without any problems.

Would also like to say that the decision to sack you seems very harsh but from what we have heard from others since this happened to my husband that it is becoming more frequent and it a very quick (and possibly cheap) way to get rid of someone. In saying that I am not sure all employers realise the complete devastation it causes to families.

I hope you find another job quickly with a more considerate employer.

pinkshoes

starrystarry wrote: »

Do you not think that claiming he was injured at work makes things far more serious than pulling a bog-standard sickie?

It was a poorly thought through excuse and he should just have gone for man flu!

starrystarry

pinkshoes wrote: »

It was a poorly thought through excuse and he should just have gone for man flu!

Yep, reckon he'd still have a job if he had. They wouldn't have tried to contact him if he'd said he had man flu. Most men are rubbish at lying in my experience.

terra_ferma

pinkshoes wrote: »

It was a poorly thought through excuse and he should just have gone for man flu!

If he had he might have kept his job. Personally if someone was genuinely a good worker with exemplary record a final warning may do, as it would probably be the first (and last) time.
However if the record was not squeaky clean than it would be a different matter.

But I agree that there are employers who would use any excuse to either get rid of people, for a variety of reasons, including avoiding paying redundancy.

terra_ferma

taba wrote: »

My husband was recently dismissed for Gross Misconduct, it was a total shock, his claim for JSA was approved without any problems.

Would also like to say that the decision to sack you seems very harsh but from what we have heard from others since this happened to my husband that it is becoming more frequent and it a very quick (and possibly cheap) way to get rid of someone. In saying that I am not sure all employers realise the complete devastation it causes to families.

I hope you find another job quickly with a more considerate employer.

Taba
employees need to take responsibility for their own actions.
Your husband was sacked because he was doing private work during working hours (during the day, not just lunch breaks or afterwards).
The OP was sacked because he faked a work related injury.

It seems to me that the people are causing devastation to themselves and their families through their own actions.
I agree there are cases when the employers behave disgracefully, I have seen that myself, but not always!

ableandy

Questions for your appeal:

Did you know that what you were doing was Gross Misconduct as opposed to just Misconduct - i.e. does your employer publish a list of what is construed as Gross Misconduct.

Did you get at least 24hours written notice of the disciplinary - and if you did, did it state that the offence was firstly Gross Misconduct and Secondly that it could lead to your dismissal - a company must notify it's employees that one of the sanctions available to it in the disciplinary is dismissal.

Were you acompanied to the disciplinary - if not were you asked at the beginning whether you wished to be accompaned and if so did you state that you did not wish to be accompanied?

Have you received a letter from the company outlining the full reasons for your dismissal and have you appealed against specific parts of the dismissal?

Telephone the ACAS helpline - it is free - they will offer you advice:

08457 47 47 47

Remember, at your appeal be honest, be apologetic, don't argue and stick to the facts.

unclekevin

ableandy wrote: »

Questions for your appeal:

Did you know that what you were doing was Gross Misconduct as opposed to just Misconduct - i.e. does your employer publish a list of what is construed as Gross Misconduct.

Did you get at least 24hours written notice of the disciplinary - and if you did, did it state that the offence was firstly Gross Misconduct and Secondly that it could lead to your dismissal - a company must notify it's employees that one of the sanctions available to it in the disciplinary is dismissal.

Were you acompanied to the disciplinary - if not were you asked at the beginning whether you wished to be accompaned and if so did you state that you did not wish to be accompanied?

Have you received a letter from the company outlining the full reasons for your dismissal and have you appealed against specific parts of the dismissal?

Telephone the ACAS helpline - it is free - they will offer you advice:

08457 47 47 47

Remember, at your appeal be honest, be apologetic, don't argue and stick to the facts.

Because i had only 2 days off sick since the whole time i have worked at my company i didn't know what i was doing was Gross misconduct, i was later told that if i had rang in sick saying i was sick or had the runs then i wouldn't find myself in the predicament i am in. I am not so sure if my company publishes a list what is construed as Gross Misconduct. I went back to work on the Tuesday as it was my long weekend (i had sat, sun, mon off) i had only planned to have 1 day off sick, i had a fact finding interview that took place on the tuesday with my line manager and i was accompanied by my union rep,( i said in my first interview i had hurt my back but not at work but work assumed i had done it at work) i was then suspended (normal procedure) and was then called back to be interviewed by the office manager a week later, i told him the truth in my second interview and i was sent away still under suspension awaiting his decision after he had seen and heard all the facts, i was then called back in to work a week later and was told that i was dismissed and he then read a letter of the reasons why he had come to the decision of dismissing me.

As soon as he read out the letter and gave me a copy i immediately signed a piece of paper outlining that i was going to appeal against the dismissal decision, he said in the letter that he and the company had lost all faith in me and the letter made me out to be some kind of monster within the company, the letter mentioned that he had took my length of service in to account but it didn't mention that i had only had 2 sick days off during my length of service.

Don't get me wrong i understand what i have done was wrong and i am truly regretful but what upsets me a bit is that myself and only a small handful of co-workers out of roughly 200 have had only a few days off sick where most of the other workers have had quite a number of time of work and even some workers plan 2 weeks off on the sick per year (1 week off every 6 months) as at my company if you go on the sick you get full pay and it doesn't trigger a stage, basically if you have more than a high number of days off in a 6 month period or your conduct is unacceptable you then get put on a stage, stage1, 2, and 3, stage 3 means dismissal.

I also, as i have previously stated, was never in trouble, received a written or verbal warning or was put on any stage and i was considered a good worker who got on with my job and never caused any problems with anyone or anything, i would understand if i had a bad track record for sickness, bad time keeping or generally a bad worker and that my dismissal was an easy one to decide but i'm not either of these and to rub salt in to my wounds, my line manager who first interviewed me, i know for a fact has had loads of time off sick (some genuine others not) and also a few years ago i stood up for him as he was accused of harassment by a colleague.

I was sort of hoping that i would get a very stern telling off, a written warning and also a lengthy sentence in which if i do anything wrong (even minor) then it would lead to instant dismissal, i am not sure if he was pressured by someone in a higher position because my office manager (i was later told) liked me and knew i was a good worker, we we're given letters a few months back asking if anyone wanted voluntary redundancy as they needed to cut back on staff, so i am just guessing that they found a reason to dismiss me without redundancy and in the process saved some money, as i've said i am only guessing!

ceridwen

unclekevin wrote: »

Because i lied in the first place to why i was off sick, i said that i hurt my back when i didn't and i didn't realize that you had to fill an accident report form within 24 hours, so when work tried to contact me they couldn't as my phone was switched off and then they found out that i wasn't in the country. Looking back it was a very stupid thing to do but i panicked with the back story, what is ironic is that if i had phoned in work telling them that i had been sick or got the runs i wouldn't been in the predicament i find myself in, to rub insult to injury my line manger who fired me has been off sick more times than i can remember

...and now I'm confused - as your post immediately above this says that you had made it plain that the "bad back" wasnt down to anything in work. Hence the confusion because of this earlier post - as an accident report form wouldnt be due if a "bad back" had happened because of some occurrence outside work...

:confused smilie:

Emmzi

as your posts go on you're starting to justify.

don't. It won't help. you lied, you got caught bonnie. That's it.

Now work on your apologetic face.