Toggle high contrast
Advanced search
Mobile menu

Jobseeker's Allowance sanctions

Issue date

Jobseeker's Allowance Rules for People Leaving Work Voluntarily or Through Misconduct

Second edition (June 2007)

Introduction

This leaflet explains how Jobseeker's Allowance rules, including rules on benefit sanctions, apply to unemployed people if they have left their jobs voluntarily or lost them through misconduct. Union officers and advice workers in Unemployed Workers' Centres may find it useful to have a simple guide to these rules, either when representing unemployed workers claiming JSA or when advising people in work who are considering leaving their jobs.

In drafting this leaflet the TUC has benefited from the advice of officials from Jobcentre Plus, and we are very glad to thank them for this assistance.

This leaflet assumes that the person claiming JSA satisfies the basic conditions of entitlement, such as being able to take a job immediately and looking for employment.

Claiming JSA

When a person loses their job they may need to claim benefit, so the details of how the job ended will be important. When claiming JSA, the jobseeker attends a New Jobseeker's Interview, which will be arranged when they telephone Jobcentre Plus to make their intention to claim known. At this interview, particular attention will be paid to why the last job ended. A sanction can be imposed that lasts from 1 to 26 weeks for :

  • Leaving a job voluntarily without just cause, or
  • Losing it because of misconduct .

As long as the other conditions are satisfied, JSA will continue to be paid until such time as a sanction is imposed, if one is appropriate. Having a sanction imposed means that JSA will not be paid and sometimes National Insurance Contribution credits will not be awarded.

Leaving voluntarily

The rules about leaving voluntarily without just cause apply a two stage test:

  • First of all, Jobcentre Plus has to show that the person left the job voluntarily and that the job was in employed earner's employment.
  • If they can show that, then payment of JSA may be affected unless the person can showthey had 'just cause' for leaving it - if they did, benefit should be paid.

First stage: if the Adviser at the New Jobseeker Interview thinks a person left voluntarily, they should be asked to complete a form to give their version of events. The former employer might also be asked for their version. When filling in the form it is not enough to make general statements, the relevant facts must be entered in detail, even if they are embarrassing. The papers will be passed to a Jobcentre Plus Decision Maker.

The onus is on the Decision Maker to prove the claimant left employment voluntarily. If s/he does, it is then up to the claimant to show just cause.

Second stage: The guidance produced by DWP for Decision Makers says that they should consider all the relevant circumstances as well as using law and case law when making a decision. There are no hard and fast rules for Decision Makers to apply when making 'just cause' decisions because the reasons for people leaving work are so varied. The guidance gives examples that can help the Decision Maker think more clearly about whether just cause for leaving a job was shown, for example:

  • The claimant must show they were not irresponsible in leaving work;
  • They must generally have made some effort to find another job before leaving;
  • They must show that it was responsible for them to leave work.

Other considerations

  • If the general public knew what the Decision Maker knows about the case, would they think leaving work was the reasonable thing to do?
  • Urgent employment or family problems may be just cause, but the Decision Maker will need to see evidence that leaving the job was the only option. Leaving work because another job was offered but then fell through might count, for instance.

The level of pay does not count as just cause, except for not getting the national minimum wage - but only if some attempts were made to persuade the employer to pay it and s/he refused. The following would probably count as just cause for leaving a job:

  • Disability, racial or sexual harassment, or
  • Being harassed for enforcing a statutory right, such as the national minimum wage .

This means that a claimant will not be regarded as having left their job voluntarily if the contract of employment came to its natural end, if the employer ended the contract (except for reasons of misconduct), if there was a voluntary redundancy situation or the job ceased to exist - if the employer went into receivership, for example.

Employment on Trial

People who have been unemployed for some time may be able to take advantage of the 'trial period rule'. Jobcentre Plus wants to give people the confidence to start a new job without the fear of being sanctioned if they leave voluntarily, but this does not apply in misconduct cases.

In general terms if the person has not been a full time student or in relevant education and has been continuously unemployed for at least 13 weeks before starting a job (of at least 16 hours a week) and, worked for at least 4 but no more than 12 weeks, they can leave without fear of sanction. However, this should be checked carefully with Jobcentre Plus before anybody relies on it as a basis to leave a job.

Misconduct

Guidance for Decision Makers says, 'Misconduct must be conduct that can fairly be described as blameworthy and wrong.' 'It means such misconduct as would persuade or oblige a reasonable employer to dismiss employees because, considering their misconduct, they are no longer fit to hold their employment. Misconduct is conduct which is connected, but not necessarily directly, with the employment.'

A dismissal that is fair will not amount to misconduct, for example, if the dismissal is for not meeting performance standards. At the New Jobseeker Interview the Adviser will ask how the last job ended. If it was because of dismissal (or leaving to avoid dismissal) the ex-employer will be sent a form asking for their version of events. The Decision Maker will not impose a sanction until s/he has a statement from the employer describing the alleged misconduct and is satisfied that the person has had an adequate chance to respond to the allegations.

It is important to remember that if a sanction is going to apply the Decision Maker has to prove the job was lost through misconduct - that is, that the action or failure amounted to misconduct and that this is why the job ended. These are two separate issues. It is possible to be guilty of misconduct, but actually to have lost the job for some other reason.

The Decision Maker will not impose a sanction without a reason for doing so. The standard of proof is the 'balance of probabilities', though the guidance for Decision Makers does say 'in misconduct cases the probability should be high because it may bring disgrace on the claimant. Before a sanction is imposed the Decision Maker should be substantially satisfied that the allegations which are made are well founded.'

This means that, if the person says one thing and the ex-employer says something different, a sanction can only apply if in the opinion of the Decision Maker on the evidence and case law it is appropriate on a balance of probabilities.

National Insurance Contribution Credits

National Insurance contributions and National Insurance contribution credits go towards protecting future rights to pensions and social security benefits. National Insurance credits may be paid during periods of a claim to JSA, Incapacity Benefit (if the claimant is sick) or Carer's Allowance (for looking after someone).

However, the impact of sanctions on National Insurance credits is complex. Advice should be sought from the local Jobcentre or Jobcentre Plus office to work out if a sanction will affect the award of credits.

How much benefit will be lost?

Normally a sanction means the loss of all JSA for the sanctioned period, but some sanctioned claimants can receive 'hardship payments' - a special lower rate of JSA (Income Based) for people who would face hardship otherwise (or who have a family member who would face hardship). Usually these payments are only made after the first two weeks of the sanction, though they may be payable straight away for members of 'vulnerable groups' - sick and disabled people, pregnant women, parents responsible for children, some carers and some young people.

'Hardship' means severe suffering or privation ('lack of the necessities of life'.) When deciding if a claimant faces hardship Decision Makers should take into account the presence of a disabled person in the family, the resources the family has and the risk that the family will have to go without essential items. The hardship rate of Income Support is equivalent to a 40% reduction in the normal level, or 20% if someone in the family is pregnant or seriously ill.

Hardship is one of the most complicated areas of social security law, with very detailed rules - anyone who needs to claim a hardship payment should get help from a welfare rights adviser as quickly as possible: see the final section for more information.

How long will a sanction last?

If your claim is sanctioned you will lose some or all of your JSA for between one and 26 weeks. Providing s/he acts fairly and impartially and gives you a chance to provide information and evidence, the Decision Maker has a great deal of discretion. S/he cannot apply a sanction for more than 26 weeks or less than 1 week, and must take into account all the facts of the case. Again, this is a complicated subject, and expert advice should be sought.

Sources of extra advice

People should get their union's advice and support if they are considering leaving a job or are at risk of being dismissed for misconduct. The union can represent employees if they are being disciplined. In addition to asking Jobcentre Plus, the union can also give advice if a person is making a claim to benefits and thinks there is a possibility of facing sanctions for leaving work voluntarily or through misconduct.

If the person lives in a town or city with an Unemployed Workers' Centre it is also worth checking out what services they have to offer. There is a list of TUC-recognised Unemployed Workers' Centres on the web: http://www.tuc.org.uk/the_tuc/tuc-8444-f0.cfm

You may also find these web resources useful:

To search for a job with the help of Jobcentre Plus, people can call Jobseeker Direct on 0845 60 60 234 or textphone 0845 6055 255. To make a new claim for benefit, people should contact their local Jobcentre Plus office. To contact your local Jobcentre Plus office, Jobcentre or social security office look in the phone book under Jobcentre Plus or alternatively visit the website at www.jobcentreplus.gov.uk

Join a union
Enable Two-Factor Authentication

To access the admin area, you will need to setup two-factor authentication (TFA).

Setup now