Benefit sanctions on UC if you get the sack

jjcjjcjjc

I've applied for UC after I got the sack two weeks ago. I was being bullied a bit by managers and they were just trying to find a way to get rid of me. Last November a supervisor put in a grievance about me sayi g that I wasn't doing my job properly and personality clash issues although the things she was complaining about were only trivial and same mistakes were being made by everybody, I got a first warning. After that happened I admitted to my employer that I was struggling due to physical and mental health problems and that I had IBS, Plantar fasciitis, Lower back strain (pulled muscles) plus on antidepressants and sleeping tablets. Anyway about 3 weeks ago the same person from last November put in an identical grievance about me again and I got the sack. I'm now in assessment phase of Universal Credit (only applied 12 days ago). Also doctor has signed me off work with a fit note for depression. I'm just hoping I won't get a sanction for misconduct because my employer basically staged s 'constructive dismissal' to get rid of me, any thoughts anybody, need advice

45002

jjcjjcjjc wrote:

I've applied for UC after I got the sack two weeks ago. I was being bullied a bit by managers and they were just trying to find a way to get rid of me. Last November a supervisor put in a grievance about me sayi g that I wasn't doing my job properly and personality clash issues although the things she was complaining about were only trivial and same mistakes were being made by everybody, I got a first warning. After that happened I admitted to my employer that I was struggling due to physical and mental health problems and that I had IBS, Plantar fasciitis, Lower back strain (pulled muscles) plus on antidepressants and sleeping tablets. Anyway about 3 weeks ago the same person from last November put in an identical grievance about me again and I got the sack. I'm now in assessment phase of Universal Credit (only applied 12 days ago). Also doctor has signed me off work with a fit note for depression. I'm just hoping I won't get a sanction for misconduct because my employer basically staged s 'constructive dismissal' to get rid of me, any thoughts anybody, need advice

OP previous thread https://forums.moneysavingexpert.com/discussion/6016171/got-the-sack-today

poppy12345

Yet there's no mention of any health problems in the previous thread.............

jjcjjcjjc

Couldn't mention everything in first thread, has anybody any advice about sanctions please

elsien

If you've been there less than two years, they don't need to "stage a constructive dismissal" to get rid of you, they can just let you go. How long have you worked there for?
It's up to UC whether they sanction you or not.
After your first warning did you have a performance management plan and reviews to see how things were going? The company clearly didn't think the complaints were trivial or you'd not have had a warning. What evidence do you have to show UC that your dismissal wasn't down to poor work performance? What have you been doing since November to get help or to address the health issues that were impacting on your work?

poppy12345

jjcjjcjjc wrote: »

Couldn't mention everything in first thread, has anybody any advice about sanctions please

I just find it very strange that you posted for the same advice 13 days ago and didn't mention any health conditions once during that thread... suddenly you decide to start another thread with the same question, only this time you've added the health conditions.

jjcjjcjjc

Yes but what is their criteria for sanction for misconduct, I mean obviously if it's 'Gross Misconduct' that's different but if you saw all the minutes of meetings then you'd see they were basically trying to make something out of nothing, and I'd been there 3 years

Nooney123456789

My brother in law got sacked and he got esa so as UC is just the same criteria as esa then there shouldn't be a problem claiming.

jjcjjcjjc

Well I'm not claiming the ESA element of UC, I've been placed in the 'intensive work search' group but 'frozen' due to doctors note

TheShape

OP, there is a good chance that you'll receive a sanction of 91 days (less the number of days between dismissal and claim date) if you were dismissed for misconduct. However, that does rely on your work coach making a referral to a decision maker, which they should do, and completing the referral correctly, which they may not do.

The decision is probably in the hands of a decision maker and you may need to just see what the outcome is.

WhenIam64

After your first warning did you have a performance management plan and reviews to see how things were going? The company clearly didn't think the complaints were trivial or you'd not have had a warning. What evidence do you have to show UC that your dismissal wasn't down to poor work performance?

As mentioned above, if you were there for under 2 years, they can terminate the job and you cannot go to an Employment Tribunal. There are other options other than ET though.

The second issue is whether the dismissal was self-inflicted by willingly not complying with instructions. It doesn't sound as if it was.

People can also be dismissed / let go because of capability - square pegs in round holes - where there were poor recruitment/ poor job training. No amount of willingness can substitute for an inability to carry out the task at hand. Unfortunately poor recruitment / poor job training is quite common which leads to a lot of people being "sacked".

If true, I would suggest you approach the sacking as one of being asked to do something you were not capable of doing and the dismissal was on capability grounds.

(I did ask you why you were let go in the other thread)