UC after leaving work
Comments
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Hi
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
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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
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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.
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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?
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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.
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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?
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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
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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.
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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
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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
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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?
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My Mum got help from a combination of Citizens Advice and ACAS.
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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.
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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?
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