fao buenchino

[sunflower68]

Hi there; I recently posted about my ex being given the sack for no reason other than he had had swine flu and a perforated disc therefore needed about 3 weeks off.
Buenchino, you recently answered a contract law question and I wondered if you can help.
By the way, thankyou to the repliesof abers on this thread previously; they were really helpful.
Anyway, he has worked there only about 5 months and was recently given a permanent contract along with glowing praise. He has had no warning whatsoever that he was facing the sack.
Being sacked also means he cannot claim jobseekers for 3 months.
He is about to pay a solicitor for advice; do you think he has a case?
Thankyou.

[filthiestfis]

LMAO Buenchino!!!! Buenchico you should change that to good chinese!!!

[sunflower68]

hmm?

[Buenchico]

Hi Sunflower.

I think Ed's (Filthiestfis's) post is a reference to your slight mis-spelling of my screen name. (My user name is Spanish for 'good boy' or 'fine fellow'. Ed seems to think that your version sounds more Chinese than Spanish!).

Unfortunately, with very few exceptions (which don't seem to be relevant here) the right to claim for 'unfair dismissal' doesn't commence until after 12 months of employment. During the first year of employment an employer can dismiss an employee for almost any reason whatsoever. The only caveat is that, unless the dismissal is for 'gross misconduct', the normal period of notice (as defined by the employee's contract) must be given.

However you seem to have been mis-advised about the rules for Jobseeker's Allowance (JSA). I'm not an expert in the field but my understanding is that JSA will only be withheld if the applicant has either directly or indirectly made himself unemployed. So someone who simply walks out of a job won't immediately get JSA. Similarly, someone who is sacked for stealing from his employer might not immediately get JSA. But when someone is dismissed for a reason (or the lack of a reason) which is not his own fault, JSA should still be paid straight away.

As I stated, I'm no expert on the JSA rules but I believe that your ex should be immediately entitled to receive it. That, of course, assumes that he qualifies for JSA under the normal rules relating to National Insurance payments (for Contribution-based Jobseeker's Allowance) or his income and savings (for Income-based Jobseeker's Allowance).

(I'm currently receiving JSA and I've never been asked to provide any explanation as to why I'm unemployed. I've simply received JSA automatically from the first day of my claim).

Chris

[sunflower68]

Thanks Chris I appreciate your swift reply. I had a feeling he has not got a lot of sway on this one too. None of this is his fault; the only reasoning behind it is that the boss may have felt he couldn't lose any more days from him with a recurring back problem (it is a sales job) but otherwise everything was above board.
I will mention the JSA; that is good news and hopeful.
Thanks again BuenchiNo!

[sunflower68]

OOPs lol just re read meant to sy thanks again BuenchiCo!!

[filthiestfis]

4 Years ago I left my job voluntarily and when the time came to claim JSA I was told to write down the reason for leaving which I did. I was then informed that I would begin to receive JSA after a short period (I think it was the first 2 months of claim) as a penalty for voluntarily leaving. So even if you leave your last job you can still get JSA, just not immediately.

[sunflower68]

Thanks filthiestfis; he did go back and ask again and has since been granted it which is something at least .