UC after leaving work

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?

sunflower2

She's just texted me to tell me she's decided that she won't be going through with the disciplinary procedure as she said it'll be too stressful for her and in her contract it clearly states if she's dismissed because of misconduct she looses her notice period entitlement and pay.

She's still phoning up the helpline to see if there's another option for her other than resign but she's not going through the disciplinary procedure

LadyTinks

Been there done that on the safeguarding mistake. And none of my employers have ever found out. It depends on how vindictive/mean her current employer is if they say anything. But she could explain it away to any future employer as mistakes happen especially when it comes to safeguarding. I still suggest she goes to ACAS for advice and mediation to see if it could be arranged that she will resign if they keep quiet about mistake.

sunflower2

https://forum.scope.org.uk/discussion/comment/1007595#Comment_1007595

Thanks she finishes work in an hour and she's still going to phone them to see if there is any other options she could take to her employer.

Her boss thankfully isn't vindictive and actually told her last night that in the right job she thinks she'll thrive but this was just the wrong career for my sister not matter how much she wanted to work with kids it's just not the job for her she's not got the capability for this area and suggested she stays away from working with kids and in education in future.

Its also why she's told her to resign so she still gets her notice period and pay so she can have a final months salary to help fund looking for another job ect.

She has done calculations and from her final salary and help from family she can save enough for the bills she's responsible for , for those 3 months if she has no other option but to resign but she's gonna see what the helpline people say first

sunflower2

She tried phoning last night but was just stuck in a que then the phone lines closed at 6pm and was told to phone tomorrow so she's trying again at 8am this morning when they open.

Does anyone know if you get sanctioned do the days include weekends or do they only include weekdays were trying to calculate when her proper first payment would be if she was sanctioned

sunflower2

https://forum.scope.org.uk/discussion/comment/1007595#Comment_1007595

She got through to someone this morning and explained and they've told her that since she doesn't want to go through the disciplinary action which she understood why my sister didn't want them she said there are only 2 options she can think of either to resign or see if your employer will be willing to do a settlement agreement but she doesn't know if that would effect UC and if she'd still be sanctioned or not because she only knows about her employment rights and law not benefits.

So does anyone know if a settlement agreement would still mean being sanctioned? Or who she can speak too today who is knowledgeable on UC and would know if settlement agreement would result in a sanction?

Kimi87

My Mum got help from a combination of Citizens Advice and ACAS.

https://advicelocal.uk/welfare-benefits

sunflower2

https://forum.scope.org.uk/discussion/comment/1008110#Comment_1008110

She finally got through to citizens advice and they couldn't help her they have no idea if a settlement agreement would still mean a sanction or not.

She is still unsure if she should do a settlement agreement or resign.

I've told her to see if her employer will just dismiss her without going through disciplinary procedure on the grounds of her low performance.

sunflower2

Wanted to give you another update she asked her employer if she would consider a settlement agreement and she said no. She's been doing some thinking and she said she's thinking of just resigning however she said she knows no matter how embarrassed she feels she needs to see her GP about the impact this job has had on her mental health and she's thinking of seeing her on Monday to talk to her about it before she hands her resignation in and was going to see if she could get a sick note for UC purposes so she won't they get sanctioned because leaving a job for heath reasons is allowed.

Would she need a sick note saying she resigned due to mental health issues or would a letter from her GP be better stating her problems and that it has led her to resign?