Benefits After Sacking

QueenieM

Hi All

My son was sacked last week for gross misconduct from his job of three years. He currently lives alone in a rented property. He tells me he’s applied for Universal Credit, but my impression was that you couldn’t get any benefits for three months after being sacked. Can anyone clarify this please?

To complicate things, he has some mental health challenges and has struggled with money for a very long time, to the extent that he took bankruptcy earlier this year. I’m at a bit of a loss to know how to help him or what to do next.

[Deleted User]

Take him to the GP, they can help - tackle it now x

tacpot12

He might not receive any UC for 13 weeks, or longer, depending on how the DWP view the dismissal.

If this leaves him unable to cope financially, he can ask for a hardship payment, although it is actually a loan. See: https://www.citizensadvice.org.uk/benefits/universal-credit/sanctions/hardship-payment/

calcotti

He is right to claim UC. If he is asked about the reasons for losing his job and DWP do consider it was gross misconduct they may sanction him for 13 weeks. I think that is taken from the date of the incident rather then the date of dismissal (if they differ) - but I may be wrong on that.

If his claim will include help with rent then even if he is sanctioned he will still be entitled to something as the sanction is equivalent to the standard allowance only.

QueenieM

I’ve already done that. The GP was very reluctant to increase his anti-depressants, but referred him to our local mental health unit. He also advised him to get into a routine, ie getting up at the same time each day, eating properly, getting daily exercise etc, but that so far seems to have fallen on deaf ears.

QueenieM

Thank you ... I’m sure he will be sanctioned, it was gross misconduct.

TheShape

calcotti wrote: »

He is right to claim UC. If he is asked about the reasons for losing his job and DWP do consider it was gross misconduct they may sanction him for 13 weeks. I think that is taken from the date of the incident rather then the date of dismissal (if they differ) - but I may be wrong on that.

If his claim will include help with rent then even if he is sanctioned he will still be entitled to something as the sanction is equivalent to the standard allowance only.

A sanction for misconduct (if applied) would start on the day after they were dismissed.

WhenIam64

from his job of three years

Has he challenged their decision as far as a second appeal to an independent person? Was there a history of "poor" or "difficult" performance that led up to a final warning or was this a one-off.

http://www.acas.org.uk/index.aspx?articleid=3905

Gross misconduct dismissals are fraught with difficulties on both sides which is why there are so many Employment Tribunal cases. In addition, the DWP take a dim view of GM "sackings" so he would have been best to appeal - and he can appeal up to 3 months after he has left. The sooner the better though.

See the other forums on this

https://forums.moneysavingexpert.com/forumdisplay.php?f=141

QueenieM

WhenIam64 wrote: »

Has he challenged their decision as far as a second appeal to an independent person? Was there a history of "poor" or "difficult" performance that led up to a final warning or was this a one-off.

Gross misconduct dismissals are fraught with difficulties on both sides which is why there are so many Employment Tribunal cases. In addition, the DWP take a dim view of GM "sackings" so he would have been best to appeal - and he can appeal up to 3 months after he has left. The sooner the better though.

It was a one off. He wasn’t in the Union, but even the Union rep was gobsmacked that he got sacked because he was convinced that he’d just get a written warning. He has submitted an appeal, which I believe will be dealt with by the Area Manager, and we’ve just got to wait and see how long that takes. Thank you so much for the link to ACAS, I will check it out.

calcotti

QueenieM wrote: »

It was a one off. He wasn’t in the Union, but even the Union rep was gobsmacked that he got sacked because he was convinced that he’d just get a written warning. He has submitted an appeal, which I believe will be dealt with by the Area Manager, and we’ve just got to wait and see how long that takes. Thank you so much for the link to ACAS, I will check it out.

He should explain all this to DWP, decision maker may accept that it was not necessarily gross misconduct and no sanction applied.