JSA Sanctions

munchings-n-crunchings

Morning everyone!

A good friend has finally decided to put in a claim for JSA.
He was sacked from his job about 6 months ago for alleged multiple counts of misconduct. Tribunal papers have been lodged for unfailr dismissal, but looks likely to take about a year to come to tribunal due to the complexity.

I believed the a JSA sanction applied from when the claim was made, but reading the Decision Makers Guide, that's not the case
Days to be deducted from the sanction period
34051 For leaving voluntarily and misconduct cases, once the DM has chosen the period of sanction, it should be reduced by any days
Vol 6 Amendment 34 July 2011
1.which fall after the date on which the employment ended (see DMG 26038) and
2.which fall before the period of sanction starts (see DMG 34054 - 34058) and
3.for which claimants do not receive any JSA because they
3.1 do not claim it or
3.2 claim it late

So, am I reading this correctly, that if the DM decides on a maximum 26 week sanction, as JSA hasn't been claimed for over the 26 week period, then JSA should be [ayab;e from when it's claimed???
I hope this makes sense

Munchie

dookar

Once a sanction is determined, the DM will deduct any days for which an entitlement to JSA would exist but for the lack of a claim.

If the number of days between the employment ending and the claim being made exceeds 182 then the maximum sanction is served

pmlindyloo

As an aside, would a claim for unfair dismissal be considered as a good cause for not applying a sanction at all?

dookar

No. It would possibly be strong evidence in the claimants favor but they are two distinct areas of law