JSA for being sacked ?

worried-me

Hi,

I am almost certainly going to be sacked for deemed misconduct; I am trying to see if I will be able to get JSA ? I will have worked around 9 months.

I am a single dad with a 8 year old son and extremely worried.

I've tried looking on the web; and found :-

a, I will not be elligible for JSA full stop
b, I will be eligible for JSA after 12 weeks as long as I have worked 12 months
c, I should get JSA and I did not actually walk out of the job!

Could anyone shed any light on this at all.

Thanks in anticipation.

Torry_Quine

worried-me wrote: »

Hi,

I am almost certainly going to be sacked for deemed misconduct; I am trying to see if I will be able to get JSA ? I will have worked around 9 months.

I am a single dad with a 8 year old son and extremely worried.

I've tried looking on the web; and found :-

a, I will not be elligible for JSA full stop
b, I will be eligible for JSA after 12 weeks as long as I have worked 12 months
c, I should get JSA and I did not actually walk out of the job!

Could anyone shed any light on this at all.

Thanks in anticipation.

Presuming you are sacked then you need to put your claim for JSA in right away. They will ask how your job ended and will then contact the employer to confirm this so don't lie. Until they make their decision you will be paid JSA. Any sanction can range from 2 weeks to 26 weeks. During this time you could be eligible for a crisis loan.

You will be eligible for contribution based JSA if you've made the required NI contributions in the previous two years. Otherwise it will be income based if there are no savings over £16000. Between £6 and 16K it is reduced..

kingfisherblue

It is possible that you will be sanctioned for losing your job, but if that happens you might be able to claim hardship payments. You should also inform tax credits of your reduced income as soon as possible in case there are any adjustments to be made (increase because of lower income). If you are in rented accommodation, apply for housing benefit, and whether you are rented or mortgaged, apply for council tax credit.

As you have been employed for a short length of time, I'm not sure whether you can appeal the decision (assuming the decision to dismiss you is made). Someone on the employment board will probably be able to answer this.

worried-me

many thanks to you both for the quick replies.

In relation to you stating that I may not be able to appeal a decision if they dismiss me - does this means as I have not done 12 months work I will not get JSA full stop or I will not be able to appeal against any sanctions ?

epitome

worried-me wrote: »

many thanks to you both for the quick replies.

In relation to you stating that I may not be able to appeal a decision if they dismiss me - does this means as I have not done 12 months work I will not get JSA full stop or I will not be able to appeal against any sanctions ?

two different things, the other poster was talking about you appealing against your employer.

You will be able to appeal any decision made by jobcentre but you probably wouldn't win the appeal. and I don't think you would be on jsa payments on appeal.


You should claim JSA IB as soon as you are dismissed, to start the first day that you are no longer going to be paid from work.

My understanding is as follows
I'm not so sure that you would be paid JSA until they make a decision, I would have thought they would hold off from paying you for at least 3 weeks while they try to come to a decision, if after 3 weeks you are not getting paid JSA then you can ask for hardship payments to start, until this time you will have to rely on crisis loans.

If they sanction you your hardship payments may continue.

I think to get hardship (&crisis loans) you would have to have no savings, someone else may confirm that.

mynameistallulah

worried-me wrote: »

many thanks to you both for the quick replies.

In relation to you stating that I may not be able to appeal a decision if they dismiss me - does this means as I have not done 12 months work I will not get JSA full stop or I will not be able to appeal against any sanctions ?

I think kingfisherblue is referring to the decision by your employer to dismiss you. You can appeal against such a decision at any time, but there is little legal protection to those that have not been in employment for longer than a year (or two, depending on start date).

mynameistallulah

epitome wrote: »

I'm not so sure that you would be paid JSA until they make a decision, I would have thought they would hold off from paying you for at least 3 weeks while they try to come to a decision,

That is not correct - the claim is processed as normal until the DM comes back with a decision.

dookar

It depends on the reason for being dismissed. If it is due to your own misconduct then you may be sanctioned for a period between 1 and 26 weeks.

You need only inform the job centre that you were dismissed, the onus is on your employer to prove misconduct, no need to go into any detail until they ask for your comments on what, if anything, your employer says.

kingfisherblue

mynameistallulah wrote: »

I think kingfisherblue is referring to the decision by your employer to dismiss you. You can appeal against such a decision at any time, but there is little legal protection to those that have not been in employment for longer than a year (or two, depending on start date).

Sorry, I didn't make myself clear. Yes, I was talking about appealing to the employer. I wasn't sure about whether this was possible because an employer can dismiss without reason (but not discrimination) in the first two years of employment (previously one year, which would be the time period for the OP, as they were employed before April this year). The OP didn't mention discrimination, which is why I said I wasn't sure whether they could appeal, but I did mean appeal to the employer.

Apologies for any confusion.

Anubis_2

does this means as I have not done 12 months work I will not get JSA full stop or I will not be able to appeal against any sanctions ?

There are two types of JSA - one is contribution based which relies on your previous 2 years NI contributions, and if you are not entitled to that, then the other JSA is income based - which is payable if you don't have enough income.

As KFB said your claim is processed as normal until the DM makes their desicion.

dandelionclock30

If you get dismissed, you usually have 5 or so working days to appeal the dismissal. It should say on your dismissal letter what the appeals procedure is. ( You cant appeal at any time as somebody has misinformed you, it has to be within the time scale specified.
I was dismissed for misconduct and I got JSA more or less straight away.