Fired for not having the Jab can I claim benefits?

Unclejohn65

I'm going to be fired by my care home employer because I refuse to be vaccinated. Can I claim benefits? I understood if you are fired you had to wait 12 weeks till you can claim benefits? Is this blackmail by the government? We can't afford no money to be coming in for the months especially over Christmas. 

poppy12345

Unclejohn65 said:

I'm going to be fired by my care home employer because I refuse to be vaccinated. Can I claim benefits? I understood if you are fired you had to wait 12 weeks till you can claim benefits? Is this blackmail by the government? We can't afford no money to be coming in for the months especially over Christmas. 

There could be a sanction for 13 weeks, sometimes longer but i think the only person that can answer that is a decision maker from DWP. I don't think it's blackmail by the Government, sanctions have always been in place for being sacked from your job, depending on the reasons why a person was sacked.

If you can look at claiming New style JSA but you'll need to have paid the correct amount of NI contributions in tax years April 2018 to March 2020. It pays £74.10 per week (over 25's) for 26 weeks.

Universal Credit is a means tested benefit and whether you qualify will depend on your circumstances. If you live with a partner you claim as a couple. If you have savings of more than £16,000 you're excluded from claiming. A claim for UC will end any tax credits you may already be claiming.

If you claim both of the above the NsJSA will be deducted in full from any UC entitlement.

pmlindyloo

I believe that if you are dismissed from your care home job because you have refused a Covid vaccination then you would be able to claim benefits.

Again, in my opinion, this would not be classed as gross misconduct for which there would be a sanction.

It is worth reading this:

Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance - GOV.UK (www.gov.uk)

for fuller information.

Do not resign from your post unless you have found another job.

There is likely to be more information from the government about this in future weeks.

I also believe that the outcry from refusing people benefits in this situation would be huge especially if they have an exemption from having the vaccine.

TELLIT01

pmlindyloo said:

I believe that if you are dismissed from your care home job because you have refused a Covid vaccination then you would be able to claim benefits.

Again, in my opinion, this would not be classed as gross misconduct for which there would be a sanction.

It is worth reading this:

Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance - GOV.UK (www.gov.uk)

for fuller information.

Do not resign from your post unless you have found another job.

There is likely to be more information from the government about this in future weeks.

I also believe that the outcry from refusing people benefits in this situation would be huge especially if they have an exemption from having the vaccine.

There is a difference between having an exemption from the vaccine and simply refusing to have the vaccine.  The person has no option in the first situation but is making a decision in full knowledge of the possible implications in the latter.

It would be interesting to know the DWP 'take' on it though.

pmlindyloo

TELLIT01 said:

pmlindyloo said:

I believe that if you are dismissed from your care home job because you have refused a Covid vaccination then you would be able to claim benefits.

Again, in my opinion, this would not be classed as gross misconduct for which there would be a sanction.

It is worth reading this:

Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance - GOV.UK (www.gov.uk)

for fuller information.

Do not resign from your post unless you have found another job.

There is likely to be more information from the government about this in future weeks.

I also believe that the outcry from refusing people benefits in this situation would be huge especially if they have an exemption from having the vaccine.

There is a difference between having an exemption from the vaccine and simply refusing to have the vaccine.  The person has no option in the first situation but is making a decision in full knowledge of the possible implications in the latter.

It would be interesting to know the DWP 'take' on it though.

Personally I find the whole debate about mandatory vaccination somewhat baffling.

Originally I was in favour of NHS staff being mandated to be vaccinated but now it has been proven that vaccinated people can still spread the virus (although at a lesser rate than non vaccinated people) I am beginning to question it.

Also, care workers who are now being mandated to have a vaccine did not start their job with this requirement so I am surprised that they would be penalised for being dismissed from their job.

It will be interesting to see if the Advice for Decision Makers is updated to take this particular scenario into consideration.

I do not wish to start a discussion about the pros and cons of mandated vaccination(!) but reading the ADM believe (at least for UC) that sanctions would only be imposed if the employer dismissed the employee for gross misconduct.  

Very interesting,

pmlindyloo

Interesting article including information about reason for dismissal.

COVID vaccination in care homes: Q&A | Weightmans

TELLIT01

Nobody, at least nobody with medical knowledge, ever claimed that the vaccine would provide 100% protection against Covid, or that it would completely prevent transmission.  Surely anything which reduces the risk of death to those being cared for should be something anybody in a 'caring' profession would want to sign up for.

elsien

pmlindyloo said:

I believe that if you are dismissed from your care home job because you have refused a Covid vaccination then you would be able to claim benefits.

Again, in my opinion, this would not be classed as gross misconduct for which there would be a sanction.

It is worth reading this:

Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance - GOV.UK (www.gov.uk)

for fuller information.

Do not resign from your post unless you have found another job.

There is likely to be more information from the government about this in future weeks.

I also believe that the outcry from refusing people benefits in this situation would be huge especially if they have an exemption from having the vaccine.

If there is a genuine medical exemption from having the vaccine, then the person can continue working without it (pending further guidance on how to get an exemption certificate) so the benefits and sanctions issue simply won’t apply. 

I’m not a direct care home worker but am required to have the vaccine for my job. Again, (without going into the pros and cons of a mandatory requirement) my organisation hasn’t yet come up with a clear policy as to how this will be resolved for any refuseniks, or not one they’re willing to share at present anyway. We can’t do our job without going into homes, so if care homes refuse to let our unvaccinated staff in (which they will) there isn’t another role to move to. Interesting times ahead. 

Undervalued

Unclejohn65 said:

I'm going to be fired by my care home employer because I refuse to be vaccinated. Can I claim benefits? I understood if you are fired you had to wait 12 weeks till you can claim benefits? Is this blackmail by the government? We can't afford no money to be coming in for the months especially over Christmas. 

Spending more money at Christmas is a choice, not a requirement!

Spoonie_Turtle

pmlindyloo said:

I also believe that the outcry from refusing people benefits in this situation would be huge especially if they have an exemption from having the vaccine.

I haven't looked out specific guidance, but the language around sanctions does include not sanctioning if something has happened for 'good reason'.  If they medically cannot have the vaccine then that certainly should fall under 'good reason' for having to leave their job, especially if there are no reasonable adjustments that can be put in place instead (e.g. mask wearing, daily testing, etc.).

NedS

TELLIT01 said:

pmlindyloo said:

I believe that if you are dismissed from your care home job because you have refused a Covid vaccination then you would be able to claim benefits.

Again, in my opinion, this would not be classed as gross misconduct for which there would be a sanction.

It is worth reading this:

Coronavirus (COVID-19) vaccination of people working or deployed in care homes: operational guidance - GOV.UK (www.gov.uk)

for fuller information.

Do not resign from your post unless you have found another job.

There is likely to be more information from the government about this in future weeks.

I also believe that the outcry from refusing people benefits in this situation would be huge especially if they have an exemption from having the vaccine.

There is a difference between having an exemption from the vaccine and simply refusing to have the vaccine.  The person has no option in the first situation but is making a decision in full knowledge of the possible implications in the latter.

It would be interesting to know the DWP 'take' on it though.

To receive a sanction for loss of a job through misconduct, there must be an element of blameworthiness. The decision maker will need to consider if the person acted in a way most reasonable people would act, and if they are at fault for losing their job. What is the reason for refusal to have the vaccine? Unless there's good reason for refusing the vaccine, it is likely to result in a sanction.