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UC after leaving work

sunflower2

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?

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sunflower2

Anyone?

sunflower2

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

sunflower2

Ok but won't it look bad to future employers if she's dismissed instead of resign?

sunflower2

https://forum.scope.org.uk/discussion/comment/1006971#Comment_1006971

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?

sunflower2

https://forum.scope.org.uk/discussion/comment/1006982#Comment_1006982

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

sunflower2

https://forum.scope.org.uk/discussion/comment/1006984#Comment_1006984

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

sunflower2

https://forum.scope.org.uk/discussion/comment/1006991#Comment_1006991

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.

sunflower2

https://forum.scope.org.uk/discussion/comment/1006994#Comment_1006994

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.

LadyTinks

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.

sunflower2

https://forum.scope.org.uk/discussion/comment/1007014#Comment_1007014

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?

Kimi87

Your sister should take advice from ACAS before doing anything else. https://www.acas.org.uk/contact

gym

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.

sunflower2

https://forum.scope.org.uk/discussion/comment/1007085#Comment_1007085

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?

Kimi87

Don't take an employers word for it, they often try all sorts, get independent advice.

sunflower2

https://forum.scope.org.uk/discussion/comment/1007089#Comment_1007089

Her employer told her that her other option was disciplinary action against her as she did by mistake put someone at risk and that's classed as misconduct were she works but online it states UC sanction for misconduct as well. I know she has stolen or anything bad but her employer stated that she will have to start disciplinary action if she doesn't resign which will result in dismissal for misconduct

gym

They will have to define this so called misconduct. Tell your sister to attend work as she always had.let the employer do a misconduct hearing. Make sure its recorded. Misconduct to them will differ from how universal credit will see it.she will not get sanctioned.go to any meeting work set up.like I said record any meetings

Kimi87

Slightly different situation, but my Mum was being pressured into quitting by her employer, she took advice from ACAS & Citizens Advice and was told many things her employer never mentioned, with their help she was able to force employer to follow correct due process and be dismissed in the correct manner which didn't involve her resigning.

sunflower2

She's phoning up the link I was given later when she finishes work but if she was dismissed because of misconduct would that look bad to a future employer worser than being dismissed because of low performance?

LadyTinks

Tell her to go to ACAS and the employer can't dismiss for misconduct just because her performace was down. Also, as @gym said make sure she gets it in writing before she leaves the premises on a piece of paper. It should detail precisely what she did wrong that put someone at risk….and it should state is was a mistake not intentional.

No matter what she should not resign under any circumstance.

sunflower2

https://forum.scope.org.uk/discussion/comment/1007263#Comment_1007263

Thank you it's in her contact that it is seen as gross misconduct if you don't follow safeguarding procedures and she didn't but it was an honest mistake that's why she's said she'll be dismissed for misconduct.

If she does go through the disciplinary procedure and was dismissed for misconduct would a future employer know this?