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Thread: sacked

  1. #1

    sacked

    my partner got sacked yesterday from work , will he be able to claim esa and income support , what is the rate for a unemployed ?

  2. #2
    davewhit
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    Quote Originally Posted by heartgirl View Post
    my partner got sacked yesterday from work , will he be able to claim esa and income support , what is the rate for a unemployed ?
    if sacked he might get JSA BUT not stright away could be 13 weeks before he gets a penny depends why sacked

  3. #3
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    Is he ill? He can only start a claim for ESA if his doctor will supply fit notes? And it might still depend if him being sacked is a sanctionable reason. Otherwise everyone who was sanctioned on JSA would just apply for ESA.

  4. #4
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    Quote Originally Posted by seriouslyfedup View Post
    Is he ill? He can only start a claim for ESA if his doctor will supply fit notes? And it might still depend if him being sacked is a sanctionable reason. Otherwise everyone who was sanctioned on JSA would just apply for ESA.
    You face the risk of being sanctioned for losing your job when claiming JSA. No such sanction applies on ESA claims.

  5. #5
    doberg
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    Quote Originally Posted by Duncan View Post
    You face the risk of being sanctioned for losing your job when claiming JSA. No such sanction applies on ESA claims.
    Hence why some claim ESA for the first 13 weeks and before they are assessed, stop the claim and then go onto JSA citing that illness was a prime reason why he was sacked!

    That way you don't lose any money!

  6. #6
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    Quote Originally Posted by doberg View Post
    Hence why some claim ESA for the first 13 weeks and before they are assessed, stop the claim and then go onto JSA citing that illness was a prime reason why he was sacked!

    That way you don't lose any money!
    Is this not one of the reasons why with the 3rd DEc ESA changes IDS decided people in the first 13 week assessment stage can also be asked to take part in mandatory placements at the discretion of an advisor. Too many claims in the assessment stage were stopped just before the WCA would take place.

  7. #7
    doberg
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    Quote Originally Posted by seriouslyfedup View Post
    Is this not one of the reasons why with the 3rd DEc ESA changes IDS decided people in the first 13 week assessment stage can also be asked to take part in mandatory placements at the discretion of an advisor. Too many claims in the assessment stage were stopped just before the WCA would take place.
    Exactly!! The government had cottoned on to what was happening.

    Shame really as it was a really good way of avoiding a JSA sanction - you just showed that you were ill when you were sacked with no need to prove anything other than a sick note from a GP for 13 weeks.

  8. #8
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    Anyone who is ill enough to claim ESA immediately after being sacked would surely have a case for constructive dismissal? Unless of course the sacking itself had caused a stress related illness.

  9. #9
    Jima1
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    Quote Originally Posted by heartgirl View Post
    my partner got sacked yesterday from work , will he be able to claim esa and income support , what is the rate for a unemployed ?
    You haven't stated why your partner was sacked ? Unless it was for gross misconduct ( not in any way suggesting he was) he has legal rights.

    Other respondents seem to be assuming it was on health grounds ?

    Has his former employer gone through the statutory procedure to end his contract of employment ? This would need to include at least a verbal warning and a written warning. If his employee hasn't complied with these statutory requirements, then he would most likely have a case for 'unfair dismissal' to an Employment Tribunal, and probably to an Employment Appeal Tribunal.

    I cannot give you more definitive advice, without knowing the full reasons for his dismissal, and I don't recommend posting these in an open forum. He should contact a solicitor with specialist knowledge of Employment Law, or if a member of a Trade Union, seek advice from them.
    Last edited by Jima1; 17-12-12 at 18:38.

  10. #10
    doberg
    Guest
    Quote Originally Posted by Jima1 View Post
    You haven't stated why your partner was sacked ? Unless it was for gross misconduct ( not in any way suggesting he was) he has legal rights.

    Other respondents seem to be assuming it was on health grounds ?

    Has his former employer gone through the statutory procedure to end his contract of employment ? This would need to include at least a verbal warning and a written warning. If his employee hasn't complied with these statutory requirements, then he would most likely have a case for 'unfair dismissal' to an Employment Tribunal, and probably to an Employment Appeal Tribunal.

    I cannot give you more definitive advice, without knowing the full reasons for his dismissal, and I don't recommend posting these in an open forum. He should contact a solicitor with specialist knowledge of Employment Law, or if a member of a Trade Union, seek advice from them.
    Incidentally, do you work for a 'no win no fee' firm of solicitors?

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