Dismissed and JSA

8i6daddy

pmlindyloo wrote: »

The decision as to whether you will be sanctioned lies with a decision maker.


There is some useful reading here:


https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/256991/dmg-vol6-ch34.pdf


from 34075 onwards which may help you decide what to put as a reason for your dismissal.

This PDF makes interesting reading!

AndyPK

Yeah I've looked at it thanks.

marybelle01

AndyPK wrote: »

Still appears to be the case

"decision making is not waiting for other legal action to be completed, for example a court case or Employment Tribunal hearing"

Not the same thing! They can make a decision based on what the employer says, and should take into account (but that does not mean "believe") what you say. What that says is that they should make a decision without waiting for someone else to make one - it does not indicate what the decision should be. Remember that JSA is deducted from tribunal awards (you have to pay JSA back if you win), so if they refuse JSA then you get "compensated" for that refusal by not getting to pay it back! Even back when I knew more about the rules, it wasn't everyone who got out of being sanctioned, even if they put in a tribunal claim. So the poster is right - this may help you decide what you might say, but don't expect a free pass. I have to come back to what I said before - "everyone is innocent". I doubt they have a queue of people standing around going "I got sacked and I deserved it". You say it was a malicious complaint against you - the employer obviously decided that it was a true complaint against you. I don't want to impugn your honesty because I don't know what happened and it isn't important to this question - but having investigated complaints of bullying and harassment, for example, the defence is almost always that it is a lie and malicious. It often isn't though... So I wouldn't depend on them siding with you - certainly not unless you are (these days) prepared to prove it by showing evidence that you are putting your money where your mouth is. To be honest, I'd also be much more inclined to think there is something to a defence if someone is prepared to fight. If they don't, it leaves you wondering why not. But that's just my opinion of how they might interpret it - so you may have a decision to make. If you are not guilty of misconduct, are you going to fight it? I would, but that is just me. Maybe some people wouldn't and I admit that tribunals are hard work and a risk - but I wouldn't have someone saying something untrue about me without fighting it, even if I lost.


Out of interest, you say you have taken legal advice - what did they say?

AndyPK

Thanks for your input.

From the advise I'm getting is tribunals are very much about whether the employer has followed procedure.
It doesn't matter if the employer came to the correct conclusion or not.

It's a lot of money for most people to gamble. And I haven't heard about baraster costs yet! Can u give me an idea?

They say it could go either way.

marybelle01

No idea but there is a site called the Redundancy Forum where you will almost certainly get some brilliant free advice, but you will have to spill the beans! The person there used to post here but doesn't any more. You'll get an honest answer to honest information but be aware she doesn't take hostages! And she'll also tell you that you don't need a barrister (although she is one) - you'll get plain unvarnished truth, which not everyone likes.


But I do know it is not just about procedure. That's important. But so are facts. And it's the facts that are missing.

AndyPK

Thanks for your help.