JSA: Will I be sanctioned?

mikeB5

Hello all,

my first post and I hope this is the correct forum.

I was on JSA until last month. Then I applied for a Christmas temporary job that ended last week. All in all, it was 2 weeks and a half.

I wouldn't have applied for that job, had it been permanent, because it's not my usual field. I told the interviewer and she was happy with that.

A couple of days before the end of my assignment, the company director, a man whom we have never seen in flesh and blood, sent an email to all temp staff (including people who had a very poor performance and even some who had never started), thanking us for the hard work and informing us that a limited number of permanent positions were available and it was up to us to apply for them.

I didn't bother applying, partly because I didn't really enjoy the position, but mostly because I thought it was unprofessional to let anybody apply. I would have rather that the managers approached the best performers themselves.

In any case, my assignment ended, I gave my badge and my swipe card back to the manager, asked her if it was ok to have her as a referee, and she said yes and good luck for the future.

At this stage I wonder if I applied for a rapid reclaim, could the decision makers apply a sanction to me because I didn't put myself forward to the permanent job?

I did a bit of homework and played the devil's advocate and I found this:

[cannot post links but google: Neglect to avail employment]

1. JSA is not payable if claimants have, without good reason, neglected to avail themselves of a reasonable opportunity of employed earner's employment.
Circumstances in which neglect to avail is likely to arise
2. The circumstances in which neglect to avail cases are most likely to occur are where:
 a claimant behaves in such a way that they lose a reasonable opportunity of employment, for example they act in such a way which offends the employer or deliberately arrives late for the interview;
 a claimant is temporarily laid off due to shortage of work but fails to return to that job when work becomes available;
 a claimant fails to exercise their right to return to work, for example:
 a woman who fails to exercise her right to return after maternity leave;
 an employer withdraws an offer of employment because of a claimant's behaviour.
3. Most cases will come to light either from a telephone call from an employer or on form ES85.
4. The claimant must always be advised at the time neglect to avail action is taken that their neglect may result in loss of JSA. This ensures that the claimant has full knowledge of the consequences of their actions.
5. Neglect to avail action must still be taken even if the claimant is within their permitted period. However, action is not appropriate when the employment opportunity was vacant owing to a trade dispute.

I am not sure if this circumstance applies to me or only on those who are already on JSA and refuse to apply for a job while they are unemployed.

Any help will be appreciated.

Mike

Masomnia

mikeB5 wrote: »

A couple of days before the end of my assignment, the company director, a man whom we have never seen in flesh and blood, sent an email to all temp staff (including people who had a very poor performance and even some who had never started), thanking us for the hard work and informing us that a limited number of permanent positions were available and it was up to us to apply for them.

I didn't bother applying, partly because I didn't really enjoy the position, but mostly because I thought it was unprofessional to let anybody apply. I would have rather that the managers approached the best performers themselves.

Arguably it's the opposite; it's a fairer process if they open it up to anyone.

In any case, my assignment ended, I gave my badge and my swipe card back to the manager, asked her if it was ok to have her as a referee, and she said yes and good luck for the future.

At this stage I wonder if I applied for a rapid reclaim, could the decision makers apply a sanction to me because I didn't put myself forward to the permanent job?

How will they even know that it was made available?

I wouldn't worry about it tbh. Good luck with your search. All I would say is that even if you didn't enjoy the position it will probably be easier to get a new job if you're in one. If you get a good internal reference you'll probably be in with a good shot.

TELLIT01

I would simply sign back on to JSA and say nothing about the e-mail.

mikeB5

Thank you both.

Malthusian

I didn't bother applying, partly because I didn't really enjoy the position, but mostly because I thought it was unprofessional to let anybody apply. I would have rather that the managers approached the best performers themselves.

The first step is to find out who actively wants a permanent position enough to actively apply for it. Then they're free to choose the best performers out of those that want the job. Doesn't seem remotely unprofessional to me.

It is unlikely to be a good use of time approaching the best performers, waiting for them to get back to you, finding out which of them don't want the job, then approaching the next best, and so on down the line. By the time you've been through this, those who would have been interested may have found other jobs.

Can't comment on the likelihood of a sanction but I'm inclined to agree with previous replies.

[Deleted User]

I don't know that you would get sanctioned - depending how long you were on JSA before? It used to be you got so many weeks to find work in your purely chosen field before you had to widen search out and consider outside of your field.

Plus while it was nearly 2 years ago I remember a Job Centre not giving a fig when I was in the situation of being offered what turned out as 5 days work compared to the 6 interviews that week lined up for more permanent/longer work/assignments. I certainly didn't find myself sanctioned at that time.

Plus do remember 'permanent' positions can mean virtually nothing any more. More recently the last place I temp'd at you were a 'rolling temp' even if you did get to 24 months and beyond... no idea how that worked and decided I didn't want to be finding out, if I could claim I wouldn't hesitate to appeal any sanction on the grounds that a temporary position was not as advertised with letter issued on the starting date that really wasn't very palette-able with a mix of permanent worker policies (related to no holidays in the first 6 months and things like that but things that were never disclosed until far to late) when to all intense purposes I believed I was simply a Temp, I even asked about the imminent Christmas arrangements and not one word was uttered of oh by the way this is likely to be your only holiday and so then when I was asked after the first week how it was going, I found I couldn't lie. Fortunately for me they wrote in that letter a job in the first month could be terminated without notice anyway so I do wonder how far that would have got, based on the balance of probables. Sorry to rattle on.

Interesting topic. Do update please.

Stylehutz

There is no way OP will get sanctioned. It was a temporary assignment that came to an end. They will not know about not applying for the permanent job.

McKneff

So you didnt apply for a job because you didn't like it, preferring , to dip into the tax payers purse instead. And coming on here for advice from those same taxpayers.

Jeez... that's got to be......whats the word I'm looking for

Takeaway_Addict

McKneff wrote: »

So you didnt apply for a job because you didn't like it, preferring , to dip into the tax payers purse instead. And coming on here for advice from those same taxpayers.

Jeez... that's got to be......whats the word I'm looking for

This.

Why would you not just work, earn the money and job hunt in relative comfort financially for a job in your own field.....bizarre

Bamber19

Takeaway_Addict wrote: »

This.

Why would you not just work, earn the money and job hunt in relative comfort financially for a job in your own field.....bizarre

It's often been said it's easier to get a new job whilst in employment also.

martinthebandit

You should be but unfortunately I suspect you won't be.