JSA - Sanction or Not????

Amistoso_2

Tobiwan_Kenobi wrote: »

If you were on JSA prior to starting the job and then sign back on again just two weeks later, the Adviser doesn't need to complete the form necessary to sanction you at all. If you are on JSA, start work but last under 28 days, you are fine to sign back on without sanction.

link to your information please as this is not how I understand it to be.

Tobiwan_Kenobi

It's on Adviser Guidance on the JCP intranet...

Amistoso_2

that's incorrect...

wishface

sh1305 wrote: »

Am I the only one who would keep on pestering my boss if I wasn't a) given helath & safety policies & b) not given training that I needed?

I'm confused as to why you'd apply for a job that you weren't trained in - unless training was part of the job.

Easy to say sat behind a pc. Not so easy to do when you're new at the job/place and facing a difficult employer who's already not done what he's obliged to do. No sanction for him though, of course.

Mad_as_Hell_3

wishface wrote: »

Easy to say sat behind a pc. Not so easy to do when you're new at the job/place and facing a difficult employer who's already not done what he's obliged to do. No sanction for him though, of course.

Thanks wishface, it's nice to know that some people are understanding and look at both sides of the story.

I have just come back from JCP and have re-opened my claim. I told the adviser briefly what happened but he didn't seem that concerned. He gave me my new signing book and agreement and we looked through the jobs available, then he said that was it. I asked him if he wanted a copy of my account of what happened as I had brought it with me but he replied "not I don't need that, I won't be taking this further and have authorised your claim" :j

Thank you to those who were understanding of the situation and did not pass judgement but to those of you who said I was looking for any excuse to avoid a JSA sanction - up yours!!!

Jowo_2

Mad_as_Hell wrote: »

Thank you to those who were understanding of the situation and did not pass judgement but to those of you who said I was looking for any excuse to avoid a JSA sanction - up yours!!!

And have you used used this opportunity to consider whether you have an underlying attitude problem that makes you very undesirable as an employee, perhaps an inability to take on board constructive advice and negotiate issues with colleagues rather than taking umbrage?

cit_k

dmg24 wrote: »

No, that would not be sufficient on its own. You have highlighted the parts of your quote which support your situation, and chosen to ignore 'You will need to show that you have taken steps to resolve the problem.'

Decision makers guide

Section 34296

A claimant may have just cause for leaving if
1. the employer did not comply with some part of the contract of employment
and
2. the claimant left shortly after the employment starts.
In such a case the DM should consider the terms of the contract of employment,
both express and implied. The DM should always obtain a copy of the contract
where there is a dispute about its terms

AND

Section 34303

A claimant has just cause for leaving employment if the claimant
1. had a genuine and substantial grievance about the employment (other than
the level of pay) and
2. had tried in a proper and reasonable way to get it settled, but failed.

and section 34304

An employer has to give employees a written statement within two months of them
starting work. The statement should include details of the person to whom
employees should apply to sort out any grievances. The statement should also tell
them how to apply1. So every employee who has been in employment for at least
two months should be aware of a procedure by which they can try to sort out any
grievance.
1 ER Act 96, s 1 & 3

would indicate to me, that the guide indicates employers are not expected to know how to sort out grievances if tehy have not been given a written statement of grievance procedures.

Two months is given as a reasonable time for a employer to give that information to an employee.

So if someone has not had that information, and leaves within days, for one of the just causes, I really cannot see how the DWP could apply a sanction as it is not held as reasonable for them to know how to sort out a grievance until its explained on paper to them.

Amistoso_2

sorry but don't beleive a word of what the OP has just stated, the JC would need to contact your employer to get their side of the story, then it would go to a decision maker who would decide if a sanction would be emposed, your advisor does not have the authority to make those decisions as they would only be a band B employee, complete crock of BS...

cit_k

Amistoso wrote: »

sorry but don't beleive a word of what the OP has just stated, the JC would need to contact your employer to get their side of the story, then it would go to a decision maker who would decide if a sanction would be emposed, your advisor does not have the authority to make those decisions as they would only be a band B employee, complete crock of BS...

But that assumes someone at the DWP does their job correctly, which does not always occur.

Tobiwan_Kenobi

Amistoso wrote: »

that's incorrect...

It certainly was correct 4 months ago when I was doing the job!