Gross Misconduct And Universal Credit

[EllieJP]

I was let go from my job for failing to turn up to a disciplinary I knew nothing about, (I’ve been away from home for about 6 weeks due to my Nan being discharged from hospital on palliative care and my grandfather unable to cope on his own)
In that time I received 2 letters from my employer, one about a meeting to discuss my absence from work since Feb 2020.
My first absences in February I informed them of (or so I thought) was by advertising my shifts as I was unable to do them. I later found out that that’s not how it works.. someone has to accept the advertisements. (These we’re all due to lack of child care which was completely out of my control and nothing I could do)
Come March, I was furloughed until September as I was told by my Store Manager.
I had a phone call in august to ask why I hadn’t turned up to a shift. I explained that I was told I was furloughed until September as that’s when schools were going back and I remember it working out in favour of schools going back. So I had no idea about this shift.

I next heard from them (after being given no shifts) a couple of months later, I received a letter regarding my absence) I had no shifts to turn up to, it was my assumption that because Universities were still at home that there just wasn’t any shifts available to me.
I spoke to the people manager who arranged a sit down chat with one of the deputy managers for me.
Which I attended and all was well.
I explained that my partner works 4 on 4 off and constant nights so I couldn’t have a set shift pattern. He advised me to email the store my availability which I did.
I didn’t hear anything back from them so I called the store to be told that the deputy manager I sent the availability to (who also did the Rota’s) was on holiday.. I wasn’t sure if this was for a week or two. But still.. I never heard back. Then lockdown happened again, schools off.
I didn’t hear anything from them at all during this time and I assumed that was because they’re aware that if my child is off that I’m unable to work. That takes us up to and including March this year..

Next I hear from the store manager, asking how I was and so on.. anything they can do to help.. again I explained about the 4 on 4 off.. He said it’s probably best to send us your availability again.

So I did..
And once again, I heard nothing.

Then we found out that my Nan had very advanced cancer all over. She was released from hospital on palliative care but my grandfather was unable to cope being elderly and disabled himself so I temporarily moved in with them.
During this 5 week period, (that I didn’t return home) I was delivered 2 letters from my employer again, one about a chat.. the second about a disciplinary. I attended neither as they chose to only inform me of these via post.. no email or phone call.
They conducted the meetings without me, and the disciplinary resulted in my termination of employment.
This was on 2/6/21..
I returned home after her funeral on 5/6/21 when this had already happened.

So my main question is.. During may last year, I applied for universal credit. I’ve informed them of my change in circumstances albeit later than I should have.. you’re supposed to inform them within 5 days (which I wasn’t aware of but I am awaiting results of my appeal so I’m hoping they don’t change but felt it best to let them know)
My worry is that they’re saying I’ve been absent since February last year! Which doesn’t seem fair or true given everything that’s gone off with furlough etc..
I’m now petrified about what’s going to happen with them saying I’ve been absent since Feb last year! Will they stop my UC? Or worse try and claim it back? I’m just so lost., I’ve never claimed before.. and I just don’t know what to do!
Please help!

[bobbinwales]

Am still not clear what you want. You are clearly not employed as from this month and I seen no point in appealing against that especially as its zeroe hours so they could just offer no work. So your only concern is you may get a backdated sanction on your UC but in these complicated time that wont happen and UC will not get to the bottom of your story .

[bednobs]

Bobbin there is a lot of sense in ellie appealing even if she never want to work for them again - it makes it more difficult to find another job if you've been sacked for gross misconduct.

[EllieJP]

I’m ecstatic to report that my work coach has been in touch and I have nothing to worry about!!
I will however be appealing even if to just waste their time while I find myself a new job.. Luckily I have a couple of interviews already :-)