UC after leaving work
Hi
My sister has been told by her employer to resign from her job as her performance has dropped to many times and it's either resign or she'll be dismissed by her employer.
When she has finished her notice period she's going to claim UC while looking for another job but I wanted to ask will they sanction her straight away for leaving work? As we'd read only they sanction people for leaving work?
Comments
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Anyone?
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We're wondering if she is going to be sanctioned what the point is in applying for UC if shell have no money to live off and I find this really unfair if she was asked to resign
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Never resign. Your sister must go sick and wait for her employer to dismiss her. I was forced to do that 15 years ago, even although it felt somehow wrong (Not an opinion I share now).
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Ok but won't it look bad to future employers if she's dismissed instead of resign?
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Also on the GOV site it says you can be sanctioned for loosing a job because of misconduct would that not class as being fired?
Were just confused and really need help on how she should go about this.
If she's fired/dismissed from her job will she get full UC standard allowance with no sanction?
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Well, unless the rules are different now, back then I would have been accused of making myself intentionally unemployed, and wouldn't have been able to claim benefits.
Surely if your sister is ill, she won't be immediately seeking to get another job?
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Buy she's not ill and she's not good at faking it if that's what you mean as I've never said she was ill
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Definitely don't 'pretend', no way, I wouldn't suggest that for a minute. As this is a disability site, I just assumed she was sick or disabled. My mistake.
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No I should have maybe stated, my mum is on ESA and that's why I'm on here as I've asked for help for her in the past as I'm her full time carer.
We know not to resign now as it clearly says online she will be sanctioned it's just a matter of if she should refuse and tell her employer to dismiss her instead for falling performance. But she's worried if that will look bad to future employers and she won't get another job
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But will resigning not throw up a load of questions of a different nature? I guess you will have to do what you think is right. I personally wouldn't resign.
Is there no support for her at work, are they expecting too much from her that she can't cope with the workload? That wasn't my issue, mine were physical disabilities, but I could imagine if I was being put upon to the extent that I couldn't cope, I might find myself going sick all the same.
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She has been suffering mentally or we can see a change in her but she hast told anyone not her employer or doctors but she hates this job she thought it was what she wanted to do but she actually hates it and other co workers have complained that she doesn't listen or do her job properly which is resulted in being told to resign but we agree she doesn't want to do that because she will be sanctioned.
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Bit of a cliche, but they say it's easier to find a job whilst still in one.
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Yes she is looking now for another job but she has to tell her employer what she's doing on Monday and it's a case of she has no idea what to say because she'll refuse resignation and the only other option was to be put on disciplinary and if she doesn't improve after a few days she's dismissed but that will obviously show on her record I don't know why her employer can't just dismiss her.
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Do not resign. Let the employer let her go for under performance. UC won't sanction her for being let go for so called under performance as there are many reasons for this to happen in a job.
As an example I got let go from a job because my personality supposedly didn't fit with the team even though I was up front what I am like (straight talking with no fluffy words and love to laugh). When I explained to the jobcentre they said no problem.
Apply for UC and tell your sister not to worry about it. Also, when she is looking for work and potential employers to referencing her current employer can't say anything other than yes she worked there and give dates of employment. If they do say why they are in breach of law as she has not broken any laws herself, hasn't embezled, took bribes etc.
I hope this helps.
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Thank you this has really helped , I told her and she said that her employer didn't give the option to dismiss based on low performance her only options were either disciplinary action for misconduct and she'll be dismissed for misconduct ( I asked about this as I was shocked and she said it was because of an honest mistake that led to someone being at risk and her employer knows it was an honest mistake she just thinks this job is not for her and that's why ahes making mistakes) but her employer said it will show on you employment record that you were dismissed and had a disciplinary hearing ect or her other option is to resign.
Now I know this I know she'll get sanctioned for misconduct too so she buggered either way. So do you think she should resign and look for work before applying for UC and try to save as much as possible for those 3 months she's sanctioned or should she see if her employer is willing to dismiss without misconduct?
For sanctions is the 91 days including weekends or do they only include working days?
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Your sister should take advice from ACAS before doing anything else.
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TELL YOUR SISTER NOT TO RESIGN UNDER ANY CIRCUMSTANCES. WHEN SHE GETS DISMISSED.GET IT IN WRITING AS TO THE REASON WHY.AND MAKE SURE ITS SIGNED BY THE EMPLOYER. YOU THEN CLAIM UNIVERSAL CREDIT AND PRESENT THE LETTER TO DWP.SHE WILL RECEIVE UNIVERSAL CREDIT.
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She should not resign. I think you might be confusing misconduct - and being sanctioned - for Gross Misconduct. The latter would likely be sanctioned by UC but performance issues etc are not Gross Misconduct. She should contact ACAS as advised above. All the best.
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But she's been told that her only other option is to go through a disciplinary hearing for misconduct and she's likely to be dismissed because of misconduct and misconduct is also a reason they'll sanction you just like resigning?
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Don't take an employers word for it, they often try all sorts, get independent advice.
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