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apparantely advisor does not have to prove it

Regarding the thread does the advisor have to prove it if anyone has any constructive advice that might be good..

My advisor said i didnt apply for enough jobs and i had a sanction in december even though it wasnt clear how many i should be applying for. He stated there were 200 jobs on UJ i could have gone for.

I asked him to prove it and he ignored me so i went and had a managers meeting yesterday to report advisor for not answering and he said the advisor does not have to provide proof?:eek:

I had been told by the decision makers he does have to evidence it but manager says no.

Who is right and why dosent he have to prove it. Manager just suggests i make an appeal to the tribunal. Its all on their side isnt it?
:footie:
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Comments

  • AP007
    AP007 Posts: 7,109 Forumite
    If the decision makers says he needs to prove it then how are they going to find in their favour without the proof?

    They aren't, are they?

    It should be overturned!
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  • red_devil wrote: »
    Regarding the thread does the advisor have to prove it if anyone has any constructive advice that might be good..

    My advisor said i didnt apply for enough jobs and i had a sanction in december even though it wasnt clear how many i should be applying for. He stated there were 200 jobs on UJ i could have gone for.

    I asked him to prove it and he ignored me so i went and had a managers meeting yesterday to report advisor for not answering and he said the advisor does not have to provide proof?:eek:

    I had been told by the decision makers he does have to evidence it but manager says no.

    Who is right and why dosent he have to prove it. Manager just suggests i make an appeal to the tribunal. Its all on their side isnt it?
    If the advisor isn't satisfied you're doing enough to actively seek work they can refer you to a DM, stating why, within guidelines they believe this to be the case.

    The DM decides appropriate action based on the above and advises the claimant accordingly. I believe that letter would also advise on how to appeal. Someone will probably be along to clarify that.
  • AP007 wrote: »
    If the decision makers says he needs to prove it then how are they going to find in their favour without the proof?

    They aren't, are they?

    It should be overturned!
    Unless of course OP hasn't given all the facts. Like the reasons given for sanction. Interestingly they've not said how many jobs they DID apply for that they can evidence and 200 is a lot to disregard.

    Any previous OP?
  • red_devil
    red_devil Posts: 10,793 Forumite
    Unless of course OP hasn't given all the facts. Like the reasons given for sanction. Interestingly they've not said how many jobs they DID apply for that they can evidence and 200 is a lot to disregard.

    Any previous OP?


    the reasons for the sanction were not applying for enough jobs, in their opinion. I found as many as i could.

    i still cant believe the advisor dosent have to provide evidence,
    does this mean i can say something about the advisor and make something up like he said i had big breasts at my appt, but then when asked to prove it say i cant?

    This would never ever happen in a court of law. Hopefully be overturned especially if i have two people saying different things?
    :footie:
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    red_devil wrote: »
    the reasons for the sanction were not applying for enough jobs, in their opinion. I found as many as i could.

    i still cant believe the advisor dosent have to provide evidence,
    does this mean i can say something about the advisor and make something up like he said i had big breasts at my appt, but then when asked to prove it say i cant?

    This would never ever happen in a court of law. Hopefully be overturned especially if i have two people saying different things?

    Do you have big breasts?
  • A tribunal decision will be based on the balance of probabilities. Where evidence is contradictory the judge will decide which version of events is more believable.

    How many jobs did you apply for? Did you do anything to compensate for the lack of vacancies, such as sending out speculative cv's or emailing agencies?
  • sensibleadvice
    sensibleadvice Posts: 1,204 Forumite
    edited 18 February 2014 pm28 1:39PM
    red_devil wrote: »
    the reasons for the sanction were not applying for enough jobs, in their opinion. I found as many as i could.

    i still cant believe the advisor dosent have to provide evidence,
    does this mean i can say something about the advisor and make something up like he said i had big breasts at my appt, but then when asked to prove it say i cant?

    This would never ever happen in a court of law. Hopefully be overturned especially if i have two people saying different things?
    They've said there were 200 jobs you could have applied for. But didn't. DM will no doubt have been given that info from the system as evidence.

    You've still not said how many jobs you DID apply for that YOU can evidence. A point that's quite relevant as it adds context. So how many is 'as many as you could'?
  • red_devil
    red_devil Posts: 10,793 Forumite
    Bantex wrote: »
    Do you have big breasts?


    ha i knew someone would ask that.
    :footie:
  • red_devil
    red_devil Posts: 10,793 Forumite
    tomtontom wrote: »
    A tribunal decision will be based on the balance of probabilities. Where evidence is contradictory the judge will decide which version of events is more believable.

    How many jobs did you apply for? Did you do anything to compensate for the lack of vacancies, such as sending out speculative cv's or emailing agencies?

    yes i applied for on spec.
    :footie:
  • red_devil wrote: »
    yes i applied for on spec.
    Hopefully you'll do a better job of evidencing and quantifying how many jobs you applied for at your appeal. JC appear to have done a much better job of this than you so far.
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