02 May 2018

A question about : I got sacked from my job today for gross misconduct can i claim jobseekers allowance

I got dismissed today for gross misconduct-dishonesty (not related to theft) basically i went away on a 1 day holiday for my long life friends stag do after i rang in sick, i tried every legit way to go but couldn't either change my day off or get the time off , i had worked for the business for nearly 12 years and in that time i only had 2 days off sick, i had an excellent rapport with my line manger and was very well liked, i came up with a story to say why i was of sick but in the end i am not a good liar and i came clean (honesty is the best policy) and told the truth, i have appealed against the decision but i'm not holding my breath that i will get my job back. So will i be able to claim Job Seekers Allowance? and if i can claim long do i have to wait?

Best answers:

  • So - what sort of "dishonesty" is this?
  • Because i lied in the first place to why i was off sick, i said that i hurt my back when i didn't and i didn't realize that you had to fill an accident report form within 24 hours, so when work tried to contact me they couldn't as my phone was switched off and then they found out that i wasn't in the country. Looking back it was a very stupid thing to do but i panicked with the back story, what is ironic is that if i had phoned in work telling them that i had been sick or got the runs i wouldn't been in the predicament i find myself in, to rub insult to injury my line manger who fired me has been off sick more times than i can remember
  • You can be sanctioned from claiming JSA from anything upto 26 weeks in cases of dismissal for misconduct.
    This only counts for misconduct. What was the official reason for dismissal?
    In your case I would expect it to be counted as a misconduct and a pretty strong sanction to be given.
    You need to arrange an interview with the Job centre and see what happens. It may not be a full 26 weeks but I woulndt be expecting to see any JSA for the best part of it.
  • Dishonesty! On the letter i received today it said.......that following your formal conduct interview to answer charges of Gross Misconduct - Dishonesty (not related to theft) in that you reported sick claiming an accident on duty and traveled on a prearranged holiday i (my boss) have come to a decision. And on the letter were a number of reasons why he came to the decision of dismissing me.
  • unfortunately this will block you from being able to claim jobseekers for a while but you can still apply for other jobs ,hope this helps
  • Entirely upto an advisor. I would guess not far off the full 26 weeks given the fact its pretty much your fault entirely.
  • My understanding is that if you resign or are dismissed for misconduct you cannot claim JSA for 26 weeks.
    However there is no duty AFAIK on your employer to tell the benefits agency why you left employment so if they don't tell them you may be lucky.
  • Hmmm....well I'm usually on the side of the employee - but, in your case, I have to say that I do not think its acceptable conduct to claim one has had a work accident unless one actually HAS.
    Sorry - but you should not have done that.
  • "What if I am dismissed through my own misconduct?
    If you are dismissed from your job your employer will be asked the reasons. You will be able to comment on what they say.
    Jobcentre Plus will decide whether you have lost your employment because of your own actions.
    If it is decided that you lost your employment because of your own actions, you may lose your entitlement to Jobseeker’s Allowance for up to 26 weeks.
    If your Jobseeker’s Allowance is stopped you may be able to claim a hardship payment (we explain this later in this leaflet)."
    An excerpt from https://www.jobcentreplus.gov.uk/JCP/...dev_015482.pdf
    Lay your case out when trying to claim and show remorse for your actions and you may get treated less judgementally than here.
    To those of you who prefer to pass judgement rather than actually answer the OP's question, shame on you. OP wasn't looking for moral opinion of whether he/she will get through the damn Pearly Gates or not...jeez.
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