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

System

Ok have I got this right, no money for 26wks? So if you turn up at the benefits office will they feed you? Or perhaps even house you? What are you supposed to do? I remember over here a few years ago over here, there was someone, lost there job or something, the state would do nothing to help, she slept outside in a tent or something as she had no money, she got frost bit and had to have 1 leg amputated, there was an out cry over this, but no money for 26wks, sure he may have done wrong that's not for me to judge but this can't be right.

Sucker_for_sweeties

unclekevin wrote: »

Thanks for the info, i sort of knew i would be getting dismissed so it wasn't a big shock when it happened, i'm hoping i can somehow win my appeal. In a weird way it might be a good thing as i was thinking of changing jobs, but as my friend pointed out it's always better to look for a job when you've got one.[/QUOTE]


Also very useful to be able to provide a reference.

Christ, 12 years CV entry and work history down the pan - yes ?

Good Luck, I do hope you get over this hurdle.

property.advert

There may be an underlying need to reduce staff and this may be a reason, not always able to be proved, that their reaction resulted in dismissal. I would push on this part at least.

Pretending to be injured at work is the biggest mistake. As noted above, this can give rise to claims against the company. They would need to nip this in the bud very swiftly.

I believe the OP stated that he asked for time off and was refused. One could revisit the reason why, as trh date of the required time off would have been known well in advance. Asking a company for time off, being refused and then taking the time off anyway was going to lead to a problem.

I do think it was an over-reaction, but they can counter with the lies and injury at work.

With regard to a reference, the worst they can legally do is refuse to give you a reference. They cannot give you a poor reference nor discuss why you are no longer employed. If they do, then they are in breach of law and you can sue. However, in some job types, a telephone reference may be all that is carried out. As this is usually unrecorded, they may be more frank.

I think that there are good grounds for appeal. Do not bring other staff absences into it unless there is a very similar case. If unsuccessful, certainly push for the redundancy argument and that they have used this as an excuse. Finally, if nothing can be won, then make an offer to not take it further if they offer a settlement package, financial and including a written reference. If you pursue it legally, they will incur costs, quite significant and there is a chance that they might lose. If they are smart, they might see that offering you a percentage of that which would be due under redundancy and providing the reference which costs nothing, is the smart and most cost effective means of bringing this to an end. I would view that as a result for both sides.

terra_ferma

property.advert wrote: »

With regard to a reference, the worst they can legally do is refuse to give you a reference. They cannot give you a poor reference nor discuss why you are no longer employed. If they do, then they are in breach of law and you can sue.

What law are you talking about?
What you say is totally inaccurate.

Here is more reliable advice about references:
http://www.direct.gov.uk/en/Employment/Employees/StartingANewJob/DG_10026703

References must be accurate and shouldn't mislead the employer asking for them. This means that if, for example, you were disciplined when you worked for the employer who's giving you a reference, this may form part of the reference. However, unless you agree, information like your medical record or any spent criminal convictions shouldn't normally be included (as it will not be relevant).
If a reference you have been given isn't accurate or is deliberately misleading it may amount to defamation, in which case, you could claim for libel. You will need to speak to a lawyer about how to do this. If you are still employed it may amount to constructive dismissal.

Emmzi

you absolutely CAN give a bed reference if it is factually correct. I do wish we could get rid of this urban myth, it drives me nuts.

Plus, a lot of references happen over the phone. If I'm employing someone who used to work at my mates commpany, I'll phone for a chat. the HR community can be very tight knit.

yellowduck_2

it is a bit of a myth about bad references, I have just completed one and there was a table included where you had to rate the potential employee for motivation, time keeping, team working, etc and the scale was from "excellent" to "poor" with space to elaborate if "poor". So in theory one could give a very bad reference.

Sucker_for_sweeties

property.advert wrote: »

With regard to a reference, the worst they can legally do is refuse to give you a reference. They cannot give you a poor reference nor discuss why you are no longer employed. If they do, then they are in breach of law and you can sue. However, in some job types, a telephone reference may be all that is carried out. As this is usually unrecorded, they may be more frank.

Sorry to disagree but that's not correct, the reference simply has to be accurate and factual. You can damn someone VERY easily and still be 'accurate'. That's also quite apart from the fact that even Pinnoccio would have a hard time making. 'Dismissed for Gross Misconduct' translate into something that won't make every potential employer run a million miles.

I think that there are good grounds for appeal. Do not bring other staff absences into it unless there is a very similar case. (wouldn't help OP's case even if there was one EXACTLY the same, employers is disciplining OP, nothing to do with anyone else) If unsuccessful, certainly push for the redundancy argument and that they have used this as an excuse. Finally, if nothing can be won, then make an offer to not take it further if they offer a settlement package, financial and including a written reference. If you pursue it legally, they will incur costs, If you pursue it legally, unless they made a procedural error somewhere then it may not cost them any money....ET can award employers costs against the ex employee.quite significant and there is a chance that they might lose. If they are smart,they will refuse OP's appeal and forget about them, this will never get to ET and they don't have to offer OP anything they might see that offering you a percentage of that which would be due under redundancy and providing the reference which costs nothing, is the smart and most cost effective means of bringing this to an end. Well it may be if there were any chance that they had ersed this up, but they appear to have done it all by the book
I would view that as a result for both sides.

Just my view from my working life experience, but I think what I've said is correct?

Sucker_for_sweeties

yellowduck wrote: »

it is a bit of a myth about bad references, I have just completed one and there was a table included where you had to rate the potential employee for motivation, time keeping, team working, etc and the scale was from "excellent" to "poor" with space to elaborate if "poor". So in theory one could give a very bad reference.

And as long as it's 'accurate' then it's hunky dory legally. Lots of ways to skin a cat.

Suspect it also had a bit asking about disciplinary record and reason for leaving ?