Benefit Sanctions on UC if you got the sack

[Jeremyjames]

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

 

[existentialist]

How long were you employed there for?

 

[Jeremyjames]

3 years

 

[existentialist]

3 years

Union member, by any chance?

 

[existentialist]

If you're a union member, get onto them. If you're not, talk to ACAS on 0300 123 1150 - they will be able to advise you of your rights.

A lot depends on whether they were aware of your health issues, because if they were, you may well have the makings of a disability discrimination case. Even if not, it does sound awfully as if they've worked hard to set you up.

There are threads on here specifically about the process of claiming UC and other benefits, which I strongly recommend you read at least some of, because there are all kinds of tricks those bastards pull, too.

 

[Proper Tidy]

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

UC has a potential three month sanction for leaving your job voluntarily, which is what they deem getting sacked to be - however, a sick note from your GP may insure against that. Likewise, wouldn't hurt to be able to demonstrate to DWP that you have a grievance with employer, ACAS or CAB would be a good shout to speak to. Best of luck mate

 

[19sixtysix]

Don't say sacked, resigned etc. Say contract ended which it does when you leave.

ETA this was under old regime a while ago when I left a firm.

 

[Ergo Proxy]

Don't say sacked, resigned etc. Say contract ended which it does when you leave.

ETA this was under old regime a while ago when I left a firm.

Don't do this and be honest as they will contact your last permanent employer even if you've been doing temp work since and ask them.

HR will then write to them with why you were let go.

You will then be sanctioned and have to appeal.

So your best bet is to get in front of it by following both Proper Tidy and existentialist advice - ACAS will advise even if you are not a member. A disability charity or local law centre may also be worth a contact on top.

A fit note should trigger UC Work Capability Assessment after 13 weeks and if your referred for a sanction by your Work Coach (which will happen) will add weight to any arguments you put forward. You may not avoid the sanction, should win on appeal and at least doing that stand a chance of avoiding it all together.