Uc and sanctions

gilly58

So even if I lost my job due to misconduct, if I had a valid sick note I would not be sanctioned 

poppy12345

gilly58 said:

So even if I lost my job due to misconduct, if I had a valid sick note I would not be sanctioned 

That's correct, as has been advised a few times.

TheShape

calcotti said:

You are not automatically sanctioned because you have been involved in a disciplinary process - it depends on the circumstances. If you have a valid Fit Note you will not be sanctioned.
With a Fit Note UC will then put you through a Work Capability Assessment.

Calcotti, I'd be interested to know what part of the guidance you would base the bolded statement upon.

(Based on a claimant with a fit note being placed in NWRR?)

calcotti

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/843716/admk2.pdf

K2074 The DM should not apply a sanction where a claimant leaves a job

1. voluntarily or

2. through alleged misconduct

when this is associated with the claimant experiencing poor mental health and damaging relationships in the work place. (See further guidance and Examples at K2076)

gilly58

Thanks for the information, 
Is that for work coaches or DM 

poppy12345

gilly58 said:

Is that for work coaches or DM 

Please read what calcotti quoted... it's DM.

calcotti

I don’t think work coaches have the authority to impose a sanction, the decision is made by a DM. All the work coach can do is, as I understand it, refer a case to a DM for consideration.

tomtom256

calcotti said:

I don’t think work coaches have the authority to impose a sanction, the decision is made by a DM. All the work coach can do is, as I understand it, refer a case to a DM for consideration.

Work coaches can make a sanctions decision, but only for failing to attend an appointment without a good cause. But even that is currently on hold, as part of covid easements.

All they would do, is do the LV referral if required to a DM, however if somebody left work owing to mental health with or without a fit note, I personally wouldn't even refer it to a DM as it just wastes time.
I would put in my notes discussed LV and DM referral not required .

gilly58

tomtom256 said:

calcotti said:

I don’t think work coaches have the authority to impose a sanction, the decision is made by a DM. All the work coach can do is, as I understand it, refer a case to a DM for consideration.

Work coaches can make a sanctions decision, but only for failing to attend an appointment without a good cause. But even that is currently on hold, as part of covid easements.

All they would do, is do the LV referral if required to a DM, however if somebody left work owing to mental health with or without a fit note, I personally wouldn't even refer it to a DM as it just wastes time.
I would put in my notes discussed LV and DM referral not required .

Thanks would that also be the case if they left for mental health reason but was subject to a disciplinary 

gilly58

If they did sanction, what part of the claim do they sanction first if you have 
Adult, child and housing elements