Will I be sanctioned?

djal

Hi, I was made redundant in October 2020 and I immediately took on another job. I am currently in the trial period which lasts 9 weeks, I've been doing well at my reviews but I cant handle the job and it's at the point where I'm feeling extremely depressed about the situation I've got myself into. I wish I never took on the job as I would have been eligible for new job seekers when I was made redundant in October. I want to know if I quit the job now will I be sanctioned as I'm still in the probation period? Thank you. 

Alice_Holt

djal said:

I want to know if I quit the job now will I be sanctioned as I'm still in the probation period? 

Impossible for anyone on this forum to give you a definite answer.  That entirely depends on how a DWP decision maker views your actions.
If you can get proof that the job was / is adversely affecting your mental health, and this was the reason for leaving, that might sway any decision in your favour.
  https://www.turn2us.org.uk/Benefit-guides/Jobseeker-s-Allowance-(JSA)-sanctions/Good-reason-why-a-sanction-should-not-be-applied#guide-content

Could you discuss this with your employers, and could they make adjustments to the job that would help you maintain employment?

Alternatively, if your depression is such not your are not fit to work, could you see your GP get signed off and claim ESA?

TELLIT01

If the OP would have qualified for New JSA in October is there any reason they wouldn't still qualify now?

calcotti

TELLIT01 said:

If the OP would have qualified for New JSA in October is there any reason they wouldn't still qualify now?

I think the concern is just whether OP will be sanctioned if they claim now. As Alice indicates, if they have a Fit Note and could claim ESA that would avoid the issue of a possible sanction completely.

OP, nothing to do with the sanctions issue, but have you checked entitlement to UC? 

TheShape

TELLIT01 said:

If the OP would have qualified for New JSA in October is there any reason they wouldn't still qualify now?

To that question the answer is no.  I think it is either the first Sunday or Monday in January that the relevant tax years that determine entitlement 'move-up' a year.

djal

Thanks for the reply everyone. From what I understand, I could purposely do a bad job and my employer would let me go at the end of the trial period and there would be no sanction but that doesnt seem fair on my employer and I would prefer to end my time there fairly and honestly. I checked my entitlement to UC in October and I was eligible for a small amount but I understand the same sanction would apply. I didn't consider speaking to my doctor about a fit note or claiming ESA. I was at my previous job for 10 years and I've never been in this position before. Would I have to take the plunge and quit my job, then make a claim before getting a definite answer? It's really upsetting as I feel I'd be sanctioned for trying to do the right thing by both myself and my employer.

djal

I've been told by a friend that there is something called agreed dismissal which would not result in a sanction but I cant find any information on this online. Apparently me and my employer can come to an agreement that I'm not suitable for the job and I could then claim new job seekers. 

[Deleted User]

Yeah I still rember skipping out of a job quite merrily end of day but that wasn't really me on Friday 13th December 2019 only to come to an agreement a week later, after a mistake which happened so early days I didn't even know I'd made it but would always come to light by Friday 20th December that it was best left there and neither party were suited to continue. UC applied for a few weeks later with being advised it wasn't best the 6 week job made it to the CV by both job centre and an ex employer and my past CV was in worser state then yours at the time. UC paid out. Please don't go though weeks and months of not doing a job well for the hope it will do you out of a job, it may drag on these days.

A_Lert

According to Citizens Advice, you shouldn't be sanctioned if you leave your job during a "trial period".

Otherwise, be aware that you can be sanctioned if you are dismissed for misconduct. And that "new style JSA" based on NI contributions is still subject to sanctions the same as Universal Credit (based on income) is. So deliberately doing bad work isn't clever.

djal

It's not in my nature to do bad work or to be unemployed but I cant continue with a job that is effecting me so badly and I need to consider how I will pay the bills whilst I look for other work which isnt all that easy to find. Today I was expected to attend a 2 hour meeting on my day off but I have to be back at work 12am-8am tomorrow. I'm getting no sleep at all and I'm at my wits end.

poppy12345

It may not be that easy to find other work. So many people being made redundant, which means so many people applying for the same job. If you just give up work and your sanctioned for doing this then you'll still have no money to pay your bills. Even if you're not sanctioned, living off benefits is never going to be easy and it may not cover all your bills.