3 Year sanction to JSA after trial period

[bcugirl]

Hi, this is my first time on this site but I really need some help.

 

So basically I've been claiming JSA since graduating university and during this time I had a paid internship at a company which lasted until April. I was offered a sales job and took it on the basis that I really wanted to get some additional skills done. I had to come off JSA because it was over 15 hours. This started as a trial period but both the employer and myself decided that I was unskilled and wasn't up for the job. The job lasted for about a week; and I was paid for that week.

 

I went back on JSA and started to look for more jobs. A month later I got a letter that my claim was "in doubt" because I had "left my job voluntary" even though I had explained to the Job Centre that it was a mutual decision. I have now been sanctioned for 3 years because of this.

 

I did tell the Job Centre that I had been looking for voluntary work after I had left my job. I will really appreciate all the help I can get.

[kirkbyinfurnesslad]

You will need to appeal this decision. Giving a full break down of what happened

[bcugirl]

Hi, thank you for the reply. I have already given them a detailed account of what happened.

[bedofweeds]

isn't this a case of trying to do the right thing and finding out that it was the wrong thing?

 

Best advice would have been for the employer to have dismissed you on the grounds that it was a trial period and that you did not come up to scratch. Be also careful that you weren't guilty of putting yourself in the position of being told - no thanks.

[Gay_guy1986]

God for 3 years, that is shocking! how can anyone live without any income for 3 years! this country is a joke. hope you get everything sorted soon op

[Nystagmite]

Get the employer to write a letter explaining the situation.

[antone]

Get the employer to write a letter explaining the situation.

 

Yes, that will surely help, especially if there is no "bad blood" involved - simply a conclusion that it wasn't working out.

 

OP should write a letter (using the words "I wish to appeal" and specifying clearly what decision is being appealed, ideally using the decision date) explaining the situation. It should point out that this was neither a voluntary resignation nor dismissal due to some sort of misconduct. The decision to sanction will be reconsidered before being passed to an independent tribunal. In the meantime, apply for hardship.

 

So far, fine. But for a three year sanction to be applied, something like this must have happened before. They're not applied for, er, "first offences". I'm saying this not to be confrontational, but merely because it is relevant to what the OP should do.

[Mr.P]

The OP may find this document worth a read: www.dwp.gov.uk/docs/m-37-12.pdf, particularly Annex 5, para 4.2

 

• 4 Good reason may be shown if;
  
  • 2. the claimant genuinely did not know or were mistaken about the conditions of the job (eg, it was beyond their physical or mental capacity, or was harmful to their health), gave it a fair trial before leaving and it was reasonable for them to have left when they did
    

   

I would however agree with antone - A three year sanction would not be imposed unless there had been prior high level sanctions issued within the previous 52 weeks. A little more background information may help.

[bcugirl]

Thank you for all your help. Just wanted to give you an update on the situation. As I was about to lodge an appeal I received a letter from the Job Centre that the decision of doubt had to be looked at again and it said that "we have now decided that this doubt no longer applies." I don't know why they decided to change their mind and I don't know why they looked at it again. I'm just relieved. I guess honesty really is the best policy! Once again; I would like to thank you for all your advice.

[antone]

Glad it's worked out for you.

[Nystagmite]

That's good to hear.

[Jmulv]

something is wrong with your claim, unless you are missing the full story.

 

If you leave your job it used to be roughly a sanction of 6-13 weeks not 3 years? you have to commit 3 offenses to get the maximum sanction. First it's 6 week sanction, then 13 week sanction and only then is it 3 years.

[antone]

something is wrong with your claim, unless you are missing the full story.

 

If you leave your job it used to be roughly a sanction of 6-13 weeks not 3 years? you have to commit 3 offenses to get the maximum sanction. First it's 6 week sanction, then 13 week sanction and only then is it 3 years.

 

Yes, Mr P and I both touched on that. But if the OP does not wish to give further information, that's their right. It seems the problem is solved for now.