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Job centre saying I’m sanctioned for 3 months!!!


Masso
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I need some advice please…

 

I passed my Personal Licence exam in March which I had to fund myself at nearly £200! I started a Bar Job in April, but only lasted for 2 days. The Manager was a complete nightmare, and she expected me to serve drunks etc…

 

She called these drunks “regulars” and half the time they could hardly stand up! I refused to serve them due to the fact that it’s against the law to serve a drunk which could lead to a fine in the thousands!

 

I then proceeded to do a rapid-reclaim and was questioned why I had left etc…I responded with the fact that I was expected to serve drunks, and I didn’t want to risk breaking the law etc.

 

I received a letter from the job centre saying I’m sanctioned for 3 months!!! Wtf!!! So, the job centre expect me to break the law?

 

Can someone please advise me of how to appeal, and what to say?

 

Cheers,

 

Rick

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Hi Rick.

 

I have started a new thread for you, hopefully you'll get some advice shortly.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

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Only my experience which obviously wasn’t a good enough reason according to the decision maker. I feel like contacting my local Police Station and reporting the Pub for selling drinks to underage people (15 year old lad) Oh $£%£ I should have given this as a reason too, Damn!

Plus, they might send a Police officer to do an inspection, and then I can get my benefits sorted out…

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strange...this is the 2nd post in as many days....where people have been/left/or had their employment terminated and either sanctioned or told they would be...expect to see a lot more of these appearing on the site...i do feel for you....as to informing the police about underage drinking...I think you may find you will get...why didnt you report it at the time?..of course we know why....your new.. you dont wish to rock the boat...you need the job...and probably a million other reasons...ok as to what to put in appeal....you are gonna have to use the law...what law is that that leads to a fine to the person serving drinks to someone who is intoxicated already...if you dont have it look it up...you need to cite case law.. found this but cant for life of me find the law on it..

It's illegal to:

 

  • Sell, or attempt to sell, alcohol to someone who is drunk;
  • Buy alcohol for someone who is drunk;
  • Allow "disorderly conduct" to occur on the premises;
  • Not to leave a licensed premises when asked by the police, the licensee or someone acting on their behalf.

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found it..

Sale of Alcohol to a Person who is Drunk

 

Section 141 makes it an offence to sell or attempt to sell alcohol to a person who is drunk, or to allow alcohol to be sold to such a person on relevant premises.

Subsection 2 applies to:

 

  • any person who works at the premises in a capacity, whether paid or unpaid, which gives him the authority to sell the alcohol concerned;
  • the holder of a premises licence in respect of the premises;
  • the designated premises supervisor (if any) under such a licence;
  • any member or officer of the club which holds a certificate who at the time the sale (or attempted sale) takes place is present on the premises in a capacity which enables him to prevent it; and
  • the premises user in relation to the temporary event notice in question.

This section applies in relation to the supply of alcohol by or on behalf of a club to or to the order of a member of the club as it applies in relation to the sale of alcohol.

A person guilty of an offence under this section is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

 

 

 

website http://www.cps.gov.uk/legal/l_to_o/licensing_of_alcohol/#sale

 

 

hope it helps you are going to have cite the law....section so and so etc

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Thanks everyone…

 

 

Imagine if I got caught serving a drunk and got slapped a massive fine, do you think DWP

would pay it? I think not!

 

 

Like debt4get says I think I need to cite the “law”. I’ll fill in the GL24 form and update

you all, in the meantime its play the waiting game…

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good lluck Masso.....cite the case law and see what they say...they cant honestly expect you to break the law...and if they do immediately pass it on to your mp and the papers....in fact i think i would email my mp anyway...remember you voted for them....they are supposed to be there.... surprising to some of them i know...but to look after their consistuents

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  • 3 weeks later...

I won my appeal with this letter….

:whoo:

 

 

 

Dear Sir/Madam,

 

 

I am writing this to disagree with your decision that I am not entitled to JSA as per your letter dated 28/05/12.

 

I would first like to say I’ve been actively seeking work whilst I’ve been claiming job seekers allowance, and regularly participate in the work programme 3-5 times a week to do Job searches etc. I’m currently with Ingeus and apply for 20-30 jobs per week as stated in my job seekers agreement. I’ve even attended an interview in Stoke on Trent, which is 70 miles away. I’ve had lots of interviews recently and I even send spec letters, and do anything I can to seek employment. I have even attended two interviews this weekend (9th and 10th June). I can also provide evidence of jobs applied for recently if required.

 

Moving onto the case in question:

 

I attended an interview at $£%%£^ social club in late March, which $£%£%^ (the manager) gave me. I was more or less offered the job straight away, but I needed a Personal Licence before I could start.

 

I then proceeded to Ingeus based in Preston for some financial help towards my Personal Licence, to which I was told they couldn’t provide any financial assistance. So, off to Preston job centre I went to ask for some advice/possible funding. I was told it’s the work programmes duty to help with any funding. I then went back to Ingeus, who then offered me £100, but only once I had started my Job!

 

So, in other words, pay for the licence yourself and when you start the Job we will reimburse the costs! I fell out with Ingeus at this point and my father funded me the £110 plus the £70 for the licence and CRB check. I then paid for the BIIAB course and passed.

 

I then did my first shift at %$£%^£^ Social Club on 02/04/2012, which at first I thoroughly enjoyed. Although, the only training I was given was for about 10-15 minutes and I soon realised that I shouldn’t be making any mistakes! I was not happy with this due to the fact that I had never worked there before, never handled their tills and obviously did not know what offers were on. When I asked for some help, %£"$%"$ aggressively shouted at me “I’ve already told you once”. I’ve never worked for a company before which on my first day made me feel as uncomfortable as that. I was very surprised that I was expected to know everything and not make any mistakes given the training that was given.

 

I believe that I should have been treated with a little more care on my first day, and more help given to me when asked, rather than aggressive shouting by the manager when I asked for help. I was also met with abusive customers who shouted foul language at me; they were heavily drunk and could hardly stand up. I’ve worked behind a bar in the past and I wasn’t allowed to serve customers like that. When I confronted my Manager ($^£%^£%£) she called these drunks regulars, and said I should serve them.

 

Whilst I did by BIIAB exam (Certificate for Personal Licence Holders) I was informed that serving drunks was an offence under the Licensing Act 2003 (please see attached sheet for full details of the law).

 

You may ask how I could tell that these customers were drunk. Well, abusive behaviour and staggering customers were the give-away. I was expected to serve them in this state, due to them being called “regulars” by my Manager. I was very uncomfortable serving them knowing full well the consequences if I was to get caught on a spot check. This would also mean that I would lose my personal licence and this would also mean losing out on any future jobs that require me to have the licence. This is the main reason why I felt I could not continue my employment with ^$£^%£% Social Club.

 

I would also like to mention that a 15 year old glass collector who works for ^$£^%£% Social Club drinks alcohol that has been bought for him on the premises. I never mentioned this in the past, as I thought my other reasons for ending my Job early would have been sufficient evidence.

 

I now hope that you understand all the reasons why I left my job voluntarily giving all the facts I have stated above.

 

Please reconsider your decision and if you cannot reconsider then please accept this as my appeal.

 

I look forward to hearing back from you soon.

Edited by Masso
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Excellent! Well done.

My advice is based on my opinion, my experience and my education. I do not profess to be an expert in any given field. If requested, I will provide a link where possible to relevant legislation or guidance, so that advice provided can be confirmed and I do encourage others to follow those links for their own peace of mind. Sometimes my advice is not what people necesserily want to hear, but I will advise on facts as I know them - although it may not be what a person wants to hear it helps to know where you stand. Advice on the internet should never be a substitute for advice from your own legal professional with full knowledge of your individual case.

 

 

Please do not seek, offer or produce advice on a consumer issue via private message; it is against

forum rules to advise via private message, therefore pm's requesting private advice will not receive a response.

(exceptions for prior authorisation)

 

 

 

 

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well done, the truth will set you free..or in this case get the benefit back you should have been entitled to anyway....did you manage to get the cost of your personal licence back from the pimps?

 

I never received my “Brucey Bonus” from Ingeus! Hehehe…

 

Because of all my problems with them, and all the negotiating for my £30 prize for winning a competition, they would only pay me the £130 once I had started work, so I slapped my consent withdrawal letter on my advisors desk!

 

I’ve re-signed the letter now “silly me” but, only because I wanted to be referred to Sencia for 18 weeks. I’m on my second week with them, dull & boring courses like basic computer usage (e-mails etc)…

 

Anything’s better than Ingeus I suppose. What happens is…

 

If I find a job then :

 

· Ingeus get their Brucey Bonuses

· Then, Sencia get their cut

· Whilst I earn £6 an hour, for a job that I found myself! Lol

 

I’m not sure if I did need to re-sign consent with Ingeus? I’m assuming I did so that they could pass my details onto Sencia?

 

This Sencia place won’t pay my parking but pay 25p per mile, whereas Ingeus pay 20p per mile, Its swings and roundabouts I suppose. I like it at Sencia, they have a more relaxed approach to job searching, whereas Ingeus treat you like a prisoner/army soldier/regimental approach! Lol

 

Ingeus can have their £130, I’m with Sencia now so I’m trying to claim money for a suit. Hopefully I will find a job within the 18 weeks I’m with Sencia, so I can live a better life…

 

What does worry me though is the whole “Sanction” process!!! I really need to be careful of what job I take and sign off to do. I was lucky that illegal activities were going on with my previous employment…

 

So, when I get another job offer I’m going to do a work trial before I sign off!!!

 

Thanks for all the help! ;)

Edited by Masso
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