Can you get benefits after being fired?

My cousin was fired earlier this week, for no apparent reason. Her boss had been arguing with her and she argued back, not sure what about, only saying what i've heard, although apparently he may have been prejuduiced against her as she is mixed race chinese, and obviously a woman, he was verbally abusive to her. his reason for firing her was that "she wasn't going to get along". she will struggle financially, her boss has broken the law, but can she claim benefits until he gives a reference or is taken to court and the case is resolved?

Reply 1

stepheds

She can apply for Job Seekers Allowance if she’s unemployed.

Reply 2

username4986690

She probably won't have a case for tribunal and it isn't worth a civil case.

She can claim JSA though.

Reply 3

ANM775

Original post by Ferrograd

if you are fired due to misconduct then the jobcentre won't pay you for something like 13 weeks!

tbh, it is a risk to tell them she has been fired ....as they will probably try and say it's your fault, and lets face it ... if they ask the employer the employer isn't going to say "i sacked her for no reason" , he's going to say it's her fault.

Reply 4

Obolinda

Volunteer Team

I've moved your thread to a more relevant section :h:

Reply 5

Kyxng

Original post by Ferrograd

I am struggling to believe this story, I don’t believe you can be fired simply because your boss doesn’t like you, believe it or not, there are actually employment laws that protect people.

Reply 6

username4986690

Original post by Kyxng

I am struggling to believe this story, I don’t believe you can be fired simply because your boss doesn’t like you, believe it or not, there are actually employment laws that protect people.

I have been fired for the same thing, it happens.

Employment law actually isn't that robust and you can only make an unfair dismissal case if you have been employed there for 2 years.

Reply 7

StriderHort

Original post by Kyxng

I am struggling to believe this story, I don’t believe you can be fired simply because your boss doesn’t like you, believe it or not, there are actually employment laws that protect people.

Plenty of weaker contracts basically say the employer can just let you go without formally accusing you of anything. As DiddyDecAlt said above there's plenty of exceptions.

Depending how someone has chosen to argue with a manager it can certainly be an instant dismissal, but pretty pointless for us to speculate on the conversation, same goes for her counter allegation.

If you've been formally dismissed the DWP will not be happy and may apply some form of sanction. If the contract has merely ended they won't mind. TBH the last few times i've signed on has been because a seasonal contract ended...but as far as I know they've simply taken my word for it, there were no follow up questions and they didn't contact my employer.

Reply 8

username4528716

I would like to say this: she was never given any contract, so the firm have broken the law since day 1. Her solicitor is writing to them.

Reply 9

Rakas21

Original post by Ferrograd

If she had passed her probationary period then i strongly suspect that she is lying to you and has previously received diciplinaries regarding her attitude or performance. Arguing back is unfortunately stupid.

The answer is that she should not mention it. If anybody asks, her contract came to an end or her position was made redundant.

Reply 10

username4528716

Original post by Rakas21

Nope, she was never given a contract and wasn ot given any verbal warning. I don't think I explained it well, basically this guy at her work basically hates young people, and she suspects he is racist given that he has a Swastika under his desk and has racially abused people before, and because my cousin (who is half Chinese) got into an argument with her, the boss decided to get rid of her. Clearly the man has something being held over him