Will the DWP pursue this?

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I've namechanged

Fil was sacked yesterday under very dubious circumstances. It is really a way to avoid pating considerable redundancy (7 years service aged 60).

He has been warned against going to tribunal by his ex boss who is not a nice man and has some not nice friends.(not long out of prison for a very violent criMe)

However he thinks that when he goes to sign on it may be taken out of his hands as it is pretty clear that it is a definate case of unfair dismissal. Will they pursue it on his behalf, or will they not pay him benefit if he admits the reasons he was supposedly sacked for.

They wont persue it. But he needs to ring the employment tribunal asap and ask of thier advice and say that former boss wont accept the formal grievence.

Well he's between the devil and the deep blue sea. AFAIK, which isn't very far and others will know more, DWP won't be keen to pay out in terms of immediate benefits unless it is a redundancy or similar "no fault" dismissal. Maybe they will shell up in this case.

DWP certainly won't pursue an employment tribunal claim on his behalf, that will be up to him. He may have a claim against former employers and CAB would be the cheapest way to find out. However, if they wont pay and will be threatening...well, I don't know what I would do, it depends on the circs. If they were a big employer I would stuff them. If it's a small community, lasting issues, well he might want to think.

He has three months from date of the end of employment in which to lodge a claim so has some time to think about all these things.

I tried the formal grievance thing. Wrote to Emplotment tribunal after being sacked for no reason what so ever and they said I stood no chance. I later found out that my previous employer -just didnt respond.

Chelles

There are lots of reasons why a claim might not run and the ET might say so - if you have been employed by the same employer for under a year it is difficult to bring a claim unless there is discrimination or some other aggravating feature. Unfortunately, a boss who is horrible to everyone might not be a discriminator. If you think you have been wrongly treated then you should always go to CAB or a lawyer to check out your rights.

The DWP will contact his former employer with regard to his termination...but they will also want a statement from him and then the evidence will be sent for adjudication he needs to state the total facts and his opinions with as much detail as possible the decision is based on the information you provide...facts are if there are dubious circs state those...if they refuse to answer the letter sent to them (his former employers) the decision will be based on his statement...please if he can pursue the tribunal it will be in his favour and prove he has a real grievence...but get some advice from the C.A B in this regard...he has worked for the last 2 years so he will def. be entitled to Conts based benefit for the next 6mths...

after that he will be able to make a claim for Income-Based JSA...each subject to checks and savings of course...

He can make the claim before - DH was fired (also dubious circumstances) end of January) - he claimed at the end of February. He's getting the proper amount (for now) - until they've heard from his employer and made a decision on whether to sanction him or not. In which case they'll do that then.

The evidence for unfair dismissal is pretty conclusive, the letter he was given alone makes that clear.

However when you think the mob may come and harm you or your family it is hard to say get legal advice or make a claim. His boss won't do the dirty work himself, there are people out there who will and are taking the rap for him. (firearms involved)

At age 60 and in the construction industry it is unliekly he will ever work again.