Chapter 34 - Sanctions: Sanctions - Introduction and Period

Contents
Chapter 34 - Sanctions
Contents
Sanctions - introduction and period
Introduction................................................................................................ 34001
Claimants who get a training allowance ...................................................... 34004
New Deal for Young People ........................................................................ 34005
Community Task Force................................................................................ 34006
More than one sanctionable offence committed.......................................... 34007
Meaning of benefit week.............................................................................. 34008
Claimant loses other employment or training before claiming JSA ............. 34009
Entitlement ceases before sanction decision made .................................... 34010
Fixed period sanctions
When fixed period sanctions apply .............................................................. 34013
Length of a fixed period sanction................................................................. 34014
One week................................................................................................ 34015
Two or four weeks .................................................................................. 34016
Gateway to work ..................................................................................... 34019
Community Task Force sanction for 13 weeks ........................................... 34022
Community Task Force sanction brought to an end early........................... 34024
New Deal sanctions for 26 weeks ............................................................... 34025
ND25+ IAP based sanctions........................................................................ 34029
Flexible New Deal sanctions for 26 weeks .................................................. 34033
Re-engagement following a sanction ......................................................... 34034
When a fixed period sanction starts ............................................................ 34036
JSA(IB) payable even when there is a 26 week fixed period sanction........ 34038
Sanctions of discretionary length
When sanctions of discretionary length apply ............................................. 34040
Length of the sanction ................................................................................. 34041
Employment would not have lasted 26 weeks ....................................... 34048
Claimant loses entitlement to JSA whilst sanctioned ............................. 34049
Vol 6 Amendment 33 February 2011

Contents
Vacancy is filled before the DM considers the case............................... 34050
Days to be deducted from the sanction period....................................... 34051
When sanctions of discretionary length start............................................... 34054
Employment lost through misconduct
Misconduct
Introduction .................................................................................................. 34060
Relationship with trade dispute, redundancy and unfair dismissal
Trade dispute............................................................................................... 34065
Redundancy................................................................................................. 34066
Unfair dismissal ........................................................................................... 34068
Employment Tribunal’s finding of facts................................................... 34071
Proof............................................................................................................ 34075
Evidence ...................................................................................................... 34077
Giving the claimant a chance to comment................................................... 34080
Whether the claimant acted or failed to act as alleged
Claimant prosecuted.................................................................................... 34085
Claimant acquitted ....................................................................................... 34086
Reports of court or employer’s hearings...................................................... 34087
Hearsay and eye-witness evidence............................................................. 34091
Whether the claimant’s conduct was misconduct ............................... 34105
Misconduct outside employment ................................................................. 34111
Instructions not obeyed................................................................................ 34117
Failure to follow rules and regulations ......................................................... 34118
Trade union membership and activities....................................................... 34120
Health and safety......................................................................................... 34126
Refusal to do work ....................................................................................... 34128
Refusal to work overtime ............................................................................. 34139
Refusal on grounds of religion or conscience ............................................. 34145
Negligence and inefficient work ................................................................... 34149
Driving offences and road accidents ........................................................... 34158
Unauthorized absence and lateness ........................................................... 34168
Looking for other work ............................................................................ 34170

Contents
Time off work under employment protection and trade union law.......... 34171
Notification of absences ......................................................................... 34173
Offensive behaviour..................................................................................... 34178
Dishonesty ................................................................................................... 34185
Whether misconduct caused the loss of employment .......................... 34193
Voluntarily left employment without just cause
Left voluntarily
Introduction ................................................................................................ 34220
Relationship with trade dispute ............................................................... 34223
Proof............................................................................................................ 34226
Evidence ...................................................................................................... 34228
Trial period
Introduction .................................................................................................. 34234
When claimants can benefit from the trial period rule ................................. 34235
Meaning of work ..................................................................................... 34237
The effect of a trial period ............................................................................ 34239
Whether the claimant left voluntarily
Meaning of voluntarily.................................................................................. 34241
Claimants who have no employment........................................................... 34244
Women on maternity leave..................................................................... 34245
Mariners.................................................................................................. 34246
Police ...................................................................................................... 34247
Resignation and dismissal ........................................................................... 34251
Relationship to misconduct.......................................................................... 34253
Notice cancelled or suspended ................................................................... 34256
Changing the terms and conditions of employment .................................... 34259
The national minimum wage........................................................................ 34260
Absence from work ...................................................................................... 34262
Vol 6 Amendment 28 June 2009

Contents
Claimants who volunteer for redundancy .................................................... 34265
Meaning of redundant............................................................................. 34267
British Telecom Newstart scheme .......................................................... 34270
Meaning of laid off and short-time .......................................................... 34272
Claimants who leave employment early ................................................. 34273
Just cause
General ........................................................................................................ 34278
Caring responsibilities for a child................................................................. 34285
Terms and conditions of employment..................................................... 34289
Employer changes terms or conditions of employment............................... 34298
Police officers ......................................................................................... 34301
Grievances................................................................................................... 34303
Work outside of agreed duties................................................................ 34306
Trade dispute .............................................................................................. 34310
Conditions which conflict with trade union policy ....................................... 34311
Trade union membership and health and safety ......................................... 34314
Other terms and conditions which affect a claimant’s personal
freedom and beliefs .................................................................................... 34317
Short time and overtime working ................................................................. 34323
Retirement and resignation.......................................................................... 34329
Early retirement ........................................................................................... 34332
Leaving to take better paid or preferred employment.................................. 34333
Leaving to take up training........................................................................... 34335
Personal and domestic circumstances ................................................... 34339
Moving home ............................................................................................... 34342
Partner going abroad.............................................................................. 34348
Moving with parents................................................................................ 34349
Financial difficulties...................................................................................... 34352
Claimant’s health ......................................................................................... 34356
Living away from home................................................................................ 34364
Long daily journey to work ........................................................................... 34366
Long or awkward working hours .................................................................. 34369

Contents
Trial period ................................................................................................... 34370
Chances of getting other employment .................................................. 34379
Firm offer of other employment ................................................................... 34384
Refusing employment
Introduction ............................................................................................... 34388
Proof ............................................................................................................ 34391
Notified by an employment officer
Employment officer ...................................................................................... 34394
Notification ................................................................................................... 34395
Self-service vacancies ............................................................................ 34399
Refusal or failure ....................................................................................... 34400
Claimants change their mind ....................................................................... 34401
Job vacant because of a trade dispute stoppage ................................ 34403
Good cause - introduction ...................................................................... 34406
Claimant given incorrect details of employment .......................................... 34408
Fine payment work ...................................................................................... 34411
Claimants who have good cause
Claimants who have done training .............................................................. 34413
Permitted period .......................................................................................... 34421
Laid off and short time workers ................................................................... 34422
Employment of less than 24 hours a week.................................................. 34424
Shifts or rota systems ............................................................................. 34425
Claimants who have caring responsibilities or do voluntary work ............... 34427
Claimants who have caring responsibilities for a child………………………..34428
Claimants who provide a service................................................................. 34429
Claimants who work and have to give notice .............................................. 34430
Claimants who do not have to take employment at certain times ............... 34432
New Deal 25+ education based................................................................... 34433
Anti-social behaviour order, community order or community disposal ........ 34434
Working time regulations 1998 .................................................................... 34435

Contents
National minimum wage .............................................................................. 34437
Claimants who do not have good cause
Income or outgoings .................................................................................... 34438
Exceptions .............................................................................................. 34440
Travelling time ............................................................................................ 34441
Exceptions .............................................................................................. 34442
Each way ................................................................................................ 34443
Normally.................................................................................................. 34444
Travelling time ........................................................................................ 34445
Place of employment .............................................................................. 34448
Route and means appropriate ................................................................ 34449
Health and caring responsibilities........................................................... 34458
Period of sanction ........................................................................................ 34459
Good cause - matters to take into account............................................. 34465
Restrictions on availability ........................................................................... 34466
Significant harm to health or unreasonable physical or mental stress ........ 34468
Significant harm to health ....................................................................... 34469
Unreasonable physical or mental stress ................................................ 34475
Sincere religious or conscientious objection................................................ 34480
Caring responsibilities.................................................................................. 34487
Unreasonable ......................................................................................... 34489
Travelling time ............................................................................................. 34496
Employment expenses ................................................................................ 34504
Child care expenses .................................................................................... 34507
Unreasonably high proportion of pay ..................................................... 34510
Reasons not covered by legislation............................................................. 34526
Attitude of claimant’s trade union ........................................................... 34527
Possible return to previous employment ................................................ 34529
Decision of Employment Tribunal awaited ............................................. 34530
Claimant already working part time ........................................................ 34533
Temporary employment.......................................................................... 34536
Definite chance of other employment ..................................................... 34537

Contents
Personal preference ............................................................................... 34540
Other more suitable people unemployed .............................................. 34541
Employment which the claimant has previously left ............................... 34543
Objection to employer or fellow employees............................................ 34546
Claimant does not have necessary equipment ...................................... 34550
Attending a course of study .................................................................... 34552
Seafarers ................................................................................................ 34554
Other reasons ......................................................................................... 34558
Good cause - matters which cannot be taken into account
Level of pay ................................................................................................. 34561
Exception ................................................................................................ 34562
Neglect to avail
Introduction ............................................................................................... 34591
Proof ............................................................................................................ 34593
Qualifying former employment ................................................................ 34596
Date last worked for employer ..................................................................... 34598
Date on which sanction question arises ...................................................... 34599
Meaning of neglect
Claimant knew about employment, or could have found out....................... 34601
Women on maternity leave .......................................................................... 34602
Unreasonable behaviour.............................................................................. 34603
Guidance on refusing employment applies ................................................. 34604
Reasonable opportunity............................................................................ 34607
Trial period ................................................................................................. 34611
Job vacant because of a trade dispute stoppage .................................. 34613
Good cause ................................................................................................ 34614
Refusal or failure to carry out a jobseeker’s direction
Introduction................................................................................................ 34626
Proof ............................................................................................................ 34629
Vol 6 Amendment 29 October 2009

Contents
Back to Work Sessions................................................................................ 34630
Jobseeker’s direction................................................................................ 34632
Claimant does not receive jobseeker’s direction ......................................... 34637
Refusal or failure ....................................................................................... 34639
Claimants change their mind ....................................................................... 34640
Job vacant because of a trade dispute stoppage .................................. 34647
Good cause - refusal relates to the employment ................................... 34650
Employment of less than 24 hours a week.................................................. 34651
Period of a sanction ..................................................................................... 34652
National minimum wage .............................................................................. 34653
Good cause - refusal relates to the jobseeker’s direction itself ........... 34654
Claimants who do not have good cause - income or outgoings.................. 34655
Claimants who do not have good cause - travelling time ............................ 34658
Exceptions .............................................................................................. 34659
Each way ................................................................................................ 34660
Normally.................................................................................................. 34661
Travelling time ........................................................................................ 34662
Route and means appropriate ................................................................ 34665
Health and caring responsibilities........................................................... 34668
Good cause - matters to take into account
Significant harm to health or unreasonable physical or
mental stress ......................................................................................... 34673
Sincere religious or conscientious objection .......................................... 34674
Caring responsibilities ............................................................................ 34675
Caring responsibilities for a child……………………………………………34676
Travelling time ........................................................................................ 34678
Expenses ................................................................................................ 34684
Reasons not covered by legislation........................................................ 34689

Contents
Sanctions - members of Her Majesty’s Forces and share

fishermen
Members of Her Majesty’s Forces
Leaving voluntarily ....................................................................................... 34711
Misconduct................................................................................................... 34712
Neglect to avail ........................................................................................... 34715
Share fishermen......................................................................................... 34717
Training scheme and employment programme sanctions
Introduction................................................................................................ 34721
Meaning of training scheme and employment programme ......................... 34723
Training scheme ..................................................................................... 34724
Employment programme ........................................................................ 34729
EZ - change of address .......................................................................... 34730
Flexible New Deal........................................................................................ 34731
Community Task Force................................................................................ 34732
Misconduct ................................................................................................. 34734
Giving up or failing to attend
Burden of proof ............................................................................................ 34736
Evidence ...................................................................................................... 34737
Whether the claimant has given up or failed to attend a
scheme or programme................................................................................ 34742
Relationship with dismissal..................................................................... 34744
Claimants who have no scheme or programme..................................... 34746
Good cause ................................................................................................. 34747
Refusal of a scheme or programme ........................................................ 34751
Neglect to avail of a scheme or programme ........................................... 34757
Good cause
Disease or physical or mental disablement............................................ 34766

Contents
Sincere religious or conscientious objection .......................................... 34769
Travelling time ........................................................................................ 34770
Caring responsibilities ............................................................................ 34772
Attendance at court ................................................................................ 34774
Arranging or attending a funeral ............................................................ 34775
Lifeboat crew or part-time firefighter....................................................... 34776
Domestic emergencies ........................................................................... 34777
Emergency duties ................................................................................... 34778
Health and safety at risk ......................................................................... 34779
Anti-social behaviour order, community order or community disposal... 34780
New Deal options ................................................................................... 34781
ND25+ education based ......................................................................... 34783
ND25+ IAP based................................................................................... 34785
Good cause for employment programme............................................... 34786
Flexible New Deal - good cause.................................................................. 34787
Community Task Force - good cause.......................................................... 34788
Good cause - matters to take into account.................................................. 34791
Scheme or programme left because of a grievance .............................. 34792
Person doing other training or part time study ....................................... 34811
Young people
Introduction................................................................................................ 34851
Meaning of young person ............................................................................ 34853
Young people who have a severe hardship direction in force..................... 34856
Good cause
Good cause for training schemes ................................................................ 34859
Meaning of new jobseeker...................................................................... 34861
Good cause for refusing employment or neglecting a
reasonable opportunity of employment..................................................... 34869
Meaning of suitable training.................................................................... 34871

Contents
Amount of JSA payable to a joint claim couple
Both members of a joint claim couple are sanctioned .......................... 34951
One member of a joint claim couple is sanctioned................................ 34956
People the Secretary of State has authorised as Employment ......... Appendix 1
Officers (see DMG 34394)
List of areas where Community Task Force operates ........................ Appendix 2

Introduction 34001 34003
Chapter 34 - Sanctions
Sanctions - introduction and period
Introduction
34001 The guidance on sanctions applies to both JSA(Cont) and JSA(IB) but not IS.
Throughout this Chapter, the term “claimant” refers to a claimant, or member of a
joint claim couple, unless otherwise stated.
1
34002 A DM imposes a sanction on a claimant, if the claimant is entitled to JSA and
2
1. lost employment through misconduct (see DMG 34060 - 34199)
3
2. left employment voluntarily without just cause (see DMG 34220 - 34386)
3. refused or failed to apply for or accept employment without good cause (see
4
DMG 34388 - 34562)
4. neglected a reasonable opportunity of employment without good cause (see

5
DMG 34591 - 34614)
5. refused or failed to carry out any reasonable jobseeker's direction (see DMG
6
34626 - 34691)
6. lost a place on a training scheme or employment programme through

7
misconduct (see DMG 34734 - 34735)
7. gave up a place on a training scheme or employment programme without

8
good cause (see DMG 34736 - 34747)
8. failed to attend a training scheme or employment programme without good

9
cause (see DMG 34736 - 34747)
9. refused or failed to apply for or accept a place on a training scheme or

10
employment programme without good cause (see DMG 34751 - 34752)
10. neglected a reasonable opportunity of a place on a training scheme or

11
employment programme without good cause (see DMG 34757 - 34758) .
12
Note: JSA is not payable in certain non attendance situations (see DMG Chapter
20).
1 JS Act 95, s 19(1) and 20A(1); 2 s 19(6)(a) and 20A(2)(d); 3 s 19(6)(b) and 20A(2)(e);
4 s 19(6)(c) and 20A(2)(f); 5 s 19(6)(d) and 20A(2)(g); 6 s 19(5)(a) and 20A(2)(a);
7 s 19(5)(c) and 20A(2)(c); 8 s 19(5)(b)(iii) and 20A(2)(b)(iii);
9 s 19(5)(b)(iv) and 20A(2)(b)(iv); 10 s 19(5)(b)(ii) and 20A(2)(b)(ii);
11 s 19(5)(b)(i) and 20A(2)(b)(i); 12 JSA (Sanctions for Failure to Attend) Regs 2010
34003 Hardship payments can be made in some circumstances. There are different rules
for young people (see DMG 34851 et seq) and there are special rules for HMF and
share fishermen (see DMG 34711 - 34717).

Claimants who get a training allowance

1
34004 If a DM imposes a sanction on claimants they will still get JSA(IB) if they
2
1. receive a training allowance (see DMG Chapter 21) but are not doing
WBLfYP (England and Wales) or Skillseekers (Scotland) (see DMG 34724
3
34726) and
2. continue to satisfy the conditions of entitlement to JSA(IB) except the

4
conditions of being available, ASE and having a valid JSAg .
1 JSA Regs, reg 74A; 2 reg 1(3); 3 reg 170(2); 4 reg 170
New Deal for Young People
34005 Where claimants have been in
1. the employed employment option of NDYP, a variable sanction applies. (See

DMG 34040 et seq)
2. the
2.1 EO(S/E) or
2.2 ETFO or
2.3 FTET or
2.4 VSO
of the NDYP, a fixed sanction period applies. (See DMG 34014 et seq).
Community Task Force
34006 The CTF is an employment programme arranged by the Secretary of State under
1
relevant legislation . It provides a work experience placement for JSA claimants
aged between 18 and 24 who
1. have been claiming JSA for
1.1 at least six months and
1.2 no longer than 10 months and
2. do not benefit from the first 3 options of the Young Person’s Guarantee in
Jobseeker’s Regime and FND.
The CTF is delivered by organisations through contracts with DWP in projects that
are of help to local communities. The programme normally comprises of 25 hours
work experience and 5 hours job research activity per week. CTF began on 25.1.10
as a voluntary option in Jobcentre Plus Districts operating the Jobseeker’s Regime
and FND. From 26.4.10 it is mandatory for certain claimants to take part in the CTF
in Jobcentre Plus Districts currently operating FND (Phase 1).

Note: See DMG 34732 - 34733 for full guidance on CTF and Appendix 2 to this
Chapter for a list of the areas operating CTF.
1 E & T Act 73, s 2
More than one sanctionable offence committed
34007 If a claimant has committed more than one sanctionable offence - for example, left
employment voluntarily and then refused employment, each offence which leads to
a sanction question should be treated separately, even if this means that a period of
sanction overlaps a previous sanction.
Example 1
Jack Todd is sacked on 1.11.96 for bad time-keeping and claims JSA. He is paid
JSA up to and including 5.12.96, and the DM imposes a sanction of 20 weeks from
6.12.96 to 24.4.97 inclusive for which no JSA is payable. Jack continues to attend at
the Jobcentre Plus office as required, then refuses employment on 3.1.97 without
good cause. On 8.1.97 the DM decides to impose a sanction of 17 weeks. This will
start on 10.1.97 and end on 8.5.97.
Example 2
Pauline is sacked on 1.11.96 for bad time-keeping and claims JSA. She is paid JSA
up to and including 5.12.96, and the DM imposes a sanction of 20 weeks from
6.12.96 to 24.4.97 inclusive for which JSA is payable at hardship rate. Pauline
continues to attend at the Jobcentre Plus office as required, then refuses
employment on 3.1.97 without good cause. On 8.1.97 the DM decides to impose a
sanction of 17 weeks. This will start on 10.1.97 and end on 8.5.97.
Meaning of benefit week

1
34008 Throughout this Chapter, wherever the phrase “benefit week” is used it means a
period of seven days ending with the day determined by the last two digits of the
claimant’s NINO as is shown in the following table unless the Secretary of State
arranges otherwise
NI No. Day
00 - 19 Monday
20 - 39 Tuesday
40 - 59 Wednesday
60 - 79 Thursday
80 - 99 Friday
1 JSA Regs, reg 1(3)

Claimant loses other employment or training before

claiming JSA
34009 Where a claimant leaves or is dismissed from employment but has a second period
of employment before claiming JSA, a sanction for the loss of the previous
employment cannot be imposed. This is because the claim to JSA arises from the
loss of the second employment rather than the first.
Example
Terrell walks out of his job on 10.10.03. He finds a new job which he starts on
27.10.03. He does not claim JSA for the period 11.10.03 - 26.10.03. The new job is
temporary and ends on 14.11.03. Terrell claims JSA from 17.11.03. No sanction can
be imposed in respect of the first job because Terrell had a further period of
employment before claiming JSA.
Note: This only applies to the loss of a previous employment. Where a claimant left
a training or employment programme, a sanction can still be imposed in respect of
the programme even if the claimant spent an intervening period in a job before
claiming JSA.
Entitlement ceases before sanction decision made

34010 A sanction cannot be imposed for leaving voluntarily or misconduct except when a
claim has been made and then only in respect of the most recent employment prior
to that claim. This means that when a sanction decision has not been made and the
JSA award comes to an end, a sanction can only be imposed on the subsequent
claim if there has not been a further period of employment.
Example 1
Ann leaves her job in a factory on 23.3.09 and makes a claim to JSA on 25.3.09. On
27.4.09 she starts a new job in a shop and her award of JSA comes to an end. The
shop job ends on 8.5.09 so Ann makes a new claim to JSA on 11.5.09. As a
sanction decision had not been made on the earlier claim a sanction cannot be
imposed on the new claim for the loss of her employment at the factory.
Example 2
Stuart is dismissed from his job on 27.2.09 and makes a claim to JSA on 2.3.09. On
20.4.09 he goes abroad and his JSA award comes to an end. Stuart makes a new
claim to JSA on his return from abroad on 7.5.09. A sanction decision had not been
made on the earlier claim to JSA but, as there has been no further period of
employment a sanction can be imposed on the new claim for the loss of his first
employment.
34011 If a sanction has been imposed it will continue to apply through any subsequent
awards until the expiry of the sanction period.

Example
Jake is sanctioned for leaving his employment voluntarily for the period 23.2.09 to
3.7.09. On 27.4.09 he starts a temporary job and his JSA award comes to an end.
The temporary job ends and Jake makes a new claim to JSA on 1.6.09. As this is
still within the sanction period JSA is not payable until 4.7.09.
34012 Where a claimant has two jobs and loses one of them a sanction can be imposed if
the JSA claim results from the loss of that job.
Example 1
Danny has two jobs, one of which ends on 19.9.03 and the other on 21.11.03. He
claims JSA from 24.11.03. No sanction can be imposed in respect of the first job.
Example 2
Daphne has two jobs. She leaves one and then claims JSA, declaring her other job
as P/T work. A sanction can be considered in respect of the first job.
Example 3
Diana has two jobs, one of which ends on 7.11.03 and the other on 13.11.03. As
she worked in both jobs simultaneously and left both at around the same time, a
sanction can be considered in respect of both jobs.

Fixed period sanctions 34013 34016
Fixed period sanctions
When fixed period sanctions apply
34013 [see DMG memo 08/11] Where a DM has decided to impose a sanction on a
claimant because the claimant
1. refused or failed to carry out any reasonable jobseeker's direction (see DMG
1
34626 - 34691) or

2
misconduct (see DMG 34734 - 34735) or
3. gave up a place on a training scheme or employment programme without

3
good cause (see DMG 34736 - 34747) or
4. failed to attend a training scheme or employment programme without good

4
cause (see DMG 34736 - 34747) or
5. refused or failed to apply for or accept a place on a training scheme or

5
employment programme without good cause (see DMG 34751 - 34752) or
6. neglected a reasonable opportunity of a place on a training scheme or

6
employment programme without good cause (see DMG 34757 - 34758)
7
the DM should impose a fixed period sanction .
1 JS Act 95, s 19(5)(a) and 20A(2)(a); 2 s 19(5)(c) and 20A(2)(c); 3 s 19(5)(b)(iii) and 20A(2)(b)(iii);
4 s 19(5)(b)(iv) and 20A(2)(b)(iv); 5 s 19(5)(b)(ii) and 20A(2)(b)(ii);
6 s 19(5)(b)(i) and 20A(2)(b)(i); 7 s 19(2) and 20A(3)
Length of a fixed period sanction

1
34014 A fixed period sanction lasts for one, two, four, 13 or 26 benefit weeks . But special
rules apply to young people (see DMG 34851 et seq).
1 s 19(2) and 20A(3); JSA Regs, reg 69 & 75(3)
One week
34015 A fixed period sanction of one week applies to any claimant who refuses or fails to
1
follow a JSD given by an Emp O to attend or take part in a Back to Work Session .
The one week sanction will apply each time the claimant without good cause,
refuses or fails to follow such a JSD.
1 reg 69(1)(f)
Two or four weeks
1
34016 A sanction of two benefit weeks should be imposed unless the sanction
1. does not relate to a Gateway to Work offence and
2. is for

2.1 a ND option offence (except where 2.2 applies) and a previous ND

sanction started within the twelve month period before the date the DM
2
decides to impose a sanction or
2.2 a CTF offence and a previous CTF sanction started within the twelve
3
month period before the date the DM decides to impose a sanction or
2.3 an IAP offence and a previous IAP sanction started within the twelve
4
2.4 a FND offence, and a previous FND sanction started within the twelve
2.5 any other offence and the claimant has been sanctioned within the 12
month period before the date the DM decides to impose a sanction for
6
one of the reasons in DMG 34013
in which case a sanction of four weeks should be imposed.
Note: See DMG 34024 for guidance on when a CTF sanction is brought to an end
7
earlier .
1 JSA Regs, reg 69(1)(a); 2 reg 69(1)(b)(ii)(bb) and (iii); 3 reg 69(1)(b)(ii)(bba) and (iii);
4 reg 69(1)(b)(ii)(cc) and (iii); 5 reg 69(1)(b)(ii)(dd) & (iii); 6 reg 69(1)(b)(i) & (ii)(aa); 7 reg 69(1ZA)
Example
Rick is sanctioned for two weeks in May for refusing to go on a NDYP option. In
August the DM decides that Rick has refused an Employment Zone programme and
cannot show good cause. A sanction of four weeks is imposed.
34017 To decide whether to sanction for two or four weeks the DM must establish the date
of the determination that JSA is not payable and understand the relationship
between that date and the first day of any sanction period imposed by a previous
determination.
34018 Complications may arise when two or more determinations are given within a short
period of time (or even on the same date) and the date on which the second
1
determination is given is earlier than the start date of the first sanction . In this
situation, if the first sanction is for two weeks the second sanction will also be for a
two week period.
1 reg 69(1)(b)(iii)
Example
John is a JSA claimant and his benefit week ends on a Tuesday. On Wednesday 1
March 2000, a DM determines that JSA is not payable to John because of an
offence relating to a JSD. This is a first offence, so the period of sanction is of two
weeks duration, and begins on Wednesday 8 March (the first day of the benefit
week following the date of the determination).
On Friday 3 March, the DM makes another determination that JSA is not payable to
John because of a second offence relating to an Employment Zone programme.

The first date on which JSA was not payable to him on the previous occasion is 8
March. This does not fall within the period of twelve months preceding the date of
the second determination (3 March). The duration of the second period of sanction
is, therefore, two weeks, and it will also start on 8 March.
If a second determination is given at any time after the first determination, but on or
before the first date of the sanction period imposed by the first determination, the
second determination will also impose a two week sanction.
Gateway to work
1
34019 A fixed period sanction relating to a Gateway to Work offence is always two weeks .
1 JSA Regs, reg 69(1)(a)
34020 Although a JSD will not normally be used to make claimants attend a Gateway to
Work course, if it is used, a two week sanction will apply in every case because JSA
is determined not to be payable in circumstances relating to the employment
programme known as Gateway to Work.
1
34021 A fixed period sanction for any reason , other than a sanction relating to a Gateway
2
to Work offence, will be for four weeks, where
1. the claimant has previously been sanctioned for a Gateway to Work offence
and
3
2. the second offence does not relate to a ND option, FND or IAP and
3. the date that sanction began falls within the twelve month period before the
date the DM decides to impose a sanction.
1 JS Act 95 s 19(5); 2 JSA Regs, reg 69(1)(b); 3 reg 69(1)(b)(ii)(aa)
Example 1
James is a JSA claimant and his benefit week ends on a Tuesday.
On Wednesday 5 July, a DM determines that JSA is not payable to James because

of failure to comply with a JSD to attend a Gateway to Work course. This is a
Gateway to Work offence, so the period of sanction is of two weeks length, and
begins on Wednesday 12 July (the first day of the benefit week following the date of
the determination).
On Thursday 13 July, the DM makes another determination that JSA is not payable
to James because of a failure to attend a Gateway to Work course. The first date on
which JSA was not payable to him on the previous occasion is 12 July. This falls
within the period of twelve months preceding the date of the second determination.
However, because the second offence is also a Gateway to Work offence, the
length of the second period of sanction is two weeks.
Example 2
Jenny is a JSA claimant and her benefit week ends on a Thursday.

On Thursday 6 July, a DM determines that JSA is not payable to Jenny because

she gave up a place on a Gateway to Work course. This is a Gateway to Work
offence, so the period of sanction is of two weeks length, and begins on Friday 7
July (the first day of the benefit week following the date of the determination).
to Jenny because of a failure to attend Employment Zone programme. The first date
on which JSA was not payable to her on the previous occasion is 7 July. This falls
within the period of 12 months preceding the date of the second determination.
Because the second sanction is not for a Gateway to Work offence, the length of the
sanction is four weeks.
Example 3
Samantha is a JSA claimant and her benefit week ends on a Thursday
On Thursday 6 July, a DM determines that JSA is not payable to Samantha

because she gave up a place on a Gateway to Work course. This is a Gateway to
Work offence, so the period of sanction is of two weeks length, and begins on
Friday 7 July (the first day of the benefit week following the date of the
determination).
to Samantha because of a failure to attend a ND18-24 option. The first date on
which JSA was not payable to her on the previous occasion is 7 July. This falls
within the period of 12 months preceding the date of the second determination.
Because the second sanction is not for a Gateway to Work offence but is for a ND
option the length of the sanction is two weeks.
Community Task Force sanction for 13 weeks

1
34022 A 13 week CTF sanction should be imposed if
1. the DM determines that JSA is not payable to the claimant because they
committed a sanctionable offence relating to CTF on or after 26.4.10 and
2. the claimant has previously been sanctioned twice for a CTF offence and
3. there is no more than 12 months between the start date of the last CTF
sanction and the day on which the determination in 1. is made.
Note: See DMG 34732 - 34733 for full guidance on CTF.

1 JSA Regs, reg 69(1)(ba)
Example
Jane is a JSA claimant whose benefit week ends on a Tuesday. On Monday 7.6.10
the DM determines that JSA is not payable because Jane refused to accept a place
on the CTF without good cause. As this is the first CTF offence the sanction is for

two weeks and begins on 9.6.10 (the first day of the benefit week following the date
of determination).
On Tuesday 17.8.10 the DM makes another determination that JSA is not payable
because of a failure without good cause to attend the CTF. As this is a second
offence the sanction is for four weeks beginning on 18.8.10.
On Monday 8.11.10 the DM makes another determination that JSA is not payable to
Jane because of a third CTF offence. The duration of the third sanction is 13 weeks
as no more than 12 months have elapsed between the date the last CTF sanction
began, 18.8.10, and the date of the third determination, 8.11.10, and there have
been 2 previous CTF offences.
34023 Only three sanctions can be given and the total maximum period the sanctions can
last for is 19 weeks (i.e. one sanction of two weeks + one sanction of four weeks +
one sanction of 13 weeks). If a claimant has been sanctioned for some other
offence then that sanction will run concurrently with any CTF sanction imposed.
Community Task Force sanction brought to an end

early
34024 A two, four or 13 week CTF sanction period can be brought to an end sooner where
the DM notifies the claimant in writing that they are no longer required to participate
in the CTF. This will be from a specific date specified in the notice that falls within
the sanction period already given, for example, because the claimant has completed
the CTF. The sanction will end
1. after one benefit week or
2. on the last day of the benefit week on or after the day that the claimant is or
was no longer required to participate in the programme,
1
whichever is the longer .
1 JSA Regs, reg 69 (1ZA)
Example
John is serving a 13 week sanction from 8.11.10 and on 19.11.10 agrees to

progress into FND. His benefit week ends on a Tuesday. The DM decides
participation is no longer required from 19.11.10. The sanction will end on 23.11.10.
New Deal sanctions for 26 weeks
34025 It is not possible for a 26 week sanction to be imposed without there ever having
been a four week sanction. Neither is it possible for more than one four week
sanction to be imposed for a ND option offence within a twelve month period.

1
34026 The DM should decide that JSA is not payable for 26 weeks if
1. they determine that JSA is not payable to claimants because they committed
a ND sanctionable offence on or after 6.3.00 and
2. the claimant has previously been sanctioned two or more times for a ND
offence and
3. there is not more than twelve months between the date the determination in
1. was given and the start date of the last four or 26 week sanction for a ND
offence given before the determination in 1..
Note: Failure to comply with a JSD can never be a ND offence.

1 JSA Regs, reg 69(1)(c)
34027 The critical factors are that a 26 week sanction applies only where
1
1. the previous sanction was a four week sanction for a ND offence , or a 26
2
week sanction for a ND offence and
2. no more than twelve months have elapsed between the start date of the
previous sanction and the day on which the latest determination is being
3
made .
1 reg 69(1)(b)(ii)(bb); 2 reg 69(1)(c); 3 reg 69(1)(c)(iii)
34028 It can be seen that the wording in DMG 34027 above does not require the start date
of the previous sanction to have been within the period of twelve months preceding
the start date of the latest determination. It merely stipulates that not more than
twelve months must have elapsed between the two dates.
Example
Jenny is a JSA claimant and her benefit week ends on a Thursday. On Tuesday 2
May 2000, a DM determines that JSA is not payable to Jenny because of a NDYP
offence. This is her first ND offence, so the period of sanction is of two weeks
duration (5 May to 18 May), and begins on Friday 5 May (the first day of the benefit
week following the date of the determination).
On Friday 5 May, the DM makes another determination that JSA is not payable to
Jenny because of a second NDYP offence. This first date on which JSA was not
payable to her on the previous occasion is 5 May. This does not fall within the
period of twelve months preceding the date of the second determination (5 May).
The duration of the second period of sanction is, therefore, two weeks (12 May to
25 May), and it will start on 12 May (the first day of the benefit week following the
date of the determination).
On Wednesday 17 May, the DM makes another determination that JSA is not

payable to Jenny because of a third NDYP offence. The first date on which JSA was
not payable to her on the previous occasion is 12 May. This does fall within the
twelve months preceding the date of the third determination (17 May), but there has
not yet been a sanction under reg 69(1)(b)(ii)(bb) or 69(1)(c)(i). The duration of the

third period of the sanction cannot, therefore, be for 26 weeks, but will be for four
weeks (19 May to 15 June).
On Thursday 18 May, the DM makes another determination that JSA is not payable
to Jenny because of a fourth NDYP offence. The first date on which JSA was not
payable to her on the previous occasion is 19 May and no more than twelve months
have elapsed between that date (19 May) and the date of the fourth determination
(18 May). There has been a sanction under reg 69(1)(ii)(bb). The duration of the
fourth period of sanction (19 May to 16 November) is therefore 26 weeks.
Any further sanction for a NDYP offence which is determined on any date which is
not more than twelve months after the start of the 26 week sanction, will be for 26
weeks.
ND25+ IAP based sanctions

1
34029 If a claimant
1. loses a place on the IAP through misconduct or
2. having been notified by an Emp O of a place, without good cause
2.1 gives up or fails to attend or
2.2 refuses or fails to apply for or
2.3 refuses when offered or
2.4 neglects to avail themselves of a reasonable opportunity of a place on

the IAP
the DM should impose a sanction for two, four or 26 weeks.
1 JSA Regs, reg 75(1)(a)(iv)
34030 Where a claimant is sanctioned for the first time for an offence relating to the IAP,
1
the length of sanction should be for two benefit weeks . This is the case even if
there has been an earlier sanction for an offence relating to
1. an employment programme or
2. a training scheme or
3. a JSD or
4. a NDYP option
within the twelve months before the DM decides to impose a sanction relating to the
IAP.
1 reg 69(1)(a)
34031 [See Memo DMG 11/11] If there is a second offence relating to the IAP and
1. the claimant has previously been sanctioned for an IAP offence and

2. the first date on which JSA was not payable on that previous occasion falls
within twelve months preceding the date on which the DM determines that
JSA is not payable for the new offence
1
a sanction of four benefit weeks should be imposed .
1 JSA Regs, reg 69(1)(b)(ii)(cc)
34032 [See Memo DMG 11/11] If there is any further offence relating to the IAP and
1. the claimant has previously been sanctioned on two or more occasions for an
offence relating to the IAP and
2. the first date on which JSA was not payable for the new offence falls within
twelve months of the first date on which JSA was not payable for the most
recent previous offence
1
a sanction of 26 weeks should be imposed .
1 reg 69(1)(d)
Flexible New Deal sanctions for 26 weeks

1
34033 The DM should decide that JSA is not payable for 26 weeks if
1. they determine that JSA is not payable to a claimant because they committed
a sanctionable offence relating to the FND on or after 5.10.09 and
2. the claimant has previously been sanctioned two or more times for a FND
offence and
3. there is not more than 12 months between the date the determination in 1.
was given and the start date of the last four or 26 week sanction for a FND
offence given before the determination in 1.
1 reg 69(1)(e)
Example
Rory is a JSA claimant whose benefit week ends on a Tuesday. On Monday 1.2.10
the DM determines that JSA is not payable to Rory as he refused to accept a place
on a FND programme. As this is a first offence the sanction is for two weeks and
begins on 3.2.10 (the first day of the benefit week following the date of the
determination).
On Tuesday 23.3.10 the DM makes another determination that JSA is not payable
because of failure to attend a FND programme. As this is a second offence the
sanction is for four weeks beginning on 24.3.10. On Monday 8.11.10 the DM makes
another determination that JSA is not payable to Rory because of a third FND
offence. The duration of the third sanction will be 26 weeks as no more than 12
months have elapsed between the date of the most recent sanction, 24.3.10, and
the date of this third determination, 8.11.10, and there have been two or more FND
offences.

Re-engagement following a sanction
34034 Where a 26 week sanction has been imposed and the claimant
1. agrees to take part in FND activities set out in an action plan and
2. signs a statement to signify their agreement
1
the sanction will be amended .
1 JSA Regs, reg 69
34035 The amended sanction will be the longer of
1. 4 weeks or
2 the period, not exceeding 26 weeks, to the end of the benefit week in which
the claimant agrees in writing to re-engage with the FND activities specified in
1
the action plan .
1 reg 69(1A) & (1B)
Example
James fails to attend an appointment with his FND provider on 1.3.10 and the
provider raises a sanction doubt. The DM considers if there is good cause for not
attending the interview and decides there is not, so a sanction decision is made on
5.3.10 for failing to attend.
As James already had 2 previous FND sanctions within the last 12 months this
sanction is for 26 weeks and runs from the start of his next benefit week which is
11.3.10. While the DM has been considering the referral, the provider has made
another appointment for James which he has attended and he has agreed in writing
to take part in the activities in his action plan. However even though James has now
re-engaged with FND activity he must still serve 4 weeks of the sanction period,
11.3.10 to 7.4.10.
When a fixed period sanction starts
34036 Once the DM has decided a fixed period sanction is appropriate, and the length of
that sanction, then the DM has to decide when the fixed period sanction is to start
from.
34037 A fixed period sanction begins on
1. the first day of the benefit week following the date on which the DM decides
1
to sanction the claimant or
2
2. if JSA is paid other than fortnightly in arrears , the first day of the benefit week
3
following the benefit week for which JSA was last paid .

Note: Fixed period sanctions can be applied no matter how long after the
sanctionable offence is committed the claimant becomes entitled to JSA.
1 JSA Regs, reg 69(2)(b) & 75(3); 2 SS (C&P) Regs, reg 26A(1); 3 SS CS (D&A) Regs, reg 6(2)(f) & 7(8)
Example 1
A DM decides on Friday 6.12.96 to impose a sanction on Eve Roberts for two

weeks for refusing a place on an employment programme. Eve regularly attends the
Jobcentre Plus office, having been given a notice (ES40) to do so, on a Monday.
Her benefit week is therefore Tuesday to Monday. The sanction will therefore begin
on Tuesday 10.12.96 and end on Monday 23.12.96.
Example 2
On 22.1.97 Joan Willis leaves a training scheme early without good cause. She
goes abroad on holiday for five weeks, and claims JSA on 27.2.97. She is entitled to
JSA from and including 2.3.97, and has a Wednesday benefit week ending.
On 18.3.97 the DM looks at Joan's case and decides that a sanction is appropriate.
The sanction starts on 20.3.97.
Example 3
On 28.1.97 Joe Blake is dismissed from a training scheme for misconduct, but does
not claim JSA as he gets a job. The job lasts until 8.4.97, when Joe is made
redundant. On 9.4.97 he claims JSA, and is entitled to JSA from and including
12.4.97. He has a Wednesday BWE.
On 16.4.97 the DM looks at Joe's case and decides to impose a sanction for being
dismissed from the training scheme. The sanction starts on 17.4.97.
JSA(IB) payable even when there is a 26 week fixed

period sanction
1
34038 Where a claimant has been sanctioned , JSA(IB) is still payable for the period in
2
DMG 34039 if
1. a fixed period sanction of 26 weeks is imposed for the first time and
2. the Secretary of State gives notice in writing to the claimant that they are no
longer required to participate in the
2.1 EO(S/E) or
2.2 VSO or
2.3 ETFO or
2.4 FTET of NDYP or
2.5 IAP of the ND25+ or
2.6 FND.

Note: If another fixed 26 week sanction is imposed, JSA(IB) is no longer payable in

respect of the first 26 week sanction period.
1 JS Act 95, s 19 & 20A; 2 JSA Regs, reg 69(3)
1
34039 The period for which JSA(IB) is payable
1. begins on the later of
1.1 the date specified in the notice at DMG 34038 2. as being the date on
which the claimant is no longer required to participate or
1.2 the day four weeks after the first day on which JSA was not payable as
in DMG 34038 1. and
2. ends on the last day of the period for which JSA was not payable as in DMG
34038 1..
Note: If the claimant is again sanctioned for any reason, JSA(IB) ceases to be
2
payable for the period of that sanction .
1 reg 69(4)(a) & (b); 2 reg 69(4)(c)

Sanctions of discretionary length 34040 34042
Sanctions of discretionary length
When sanctions of discretionary length apply
34040 Where a DM has decided to impose a sanction on a claimant because the claimant
1
1. lost employment through misconduct (see DMG 34060 - 34199) or
2
2. left employment voluntarily without just cause (see DMG 34220 - 34386) or
3. refused or failed to apply for or accept employment without good cause (see
3
DMG 34388 - 34562) or
4. neglected a reasonable opportunity of employment without good cause (see

4
DMG 34591 - 34614)
the length of the sanction is set by the DM and is in his discretion, subject to the
5
maximum of 26 weeks . Week in DMG 34040 - 34058 means any period of seven
6
consecutive days .
1 JS Act 95, s 19(6)(a) and 20A(2)(d); 2 s 19(6)(b) and 20A(2)(e); 3 s 19(6)(c) and 20A(2)(f);
4 s 19(6)(d) and 20A(2)(g); 5 s 19(3) and 20A(4); 6 JSA Regs, reg 75(2)
Length of the sanction

1
34041 The DM cannot impose a sanction for
1. more than 26 weeks or
2. less than one week.

1 JS Act 95, s 19(3) & 20A(4)
34042 If a DM decides on a sanction of one day or more but less than one week because
1. of deductions from the sanction period (see DMG 34051 - 34053) or
2. of how long the employment was due to last (see DMG 34044 4.) or
3. of when the claimant was due to be taken back, if the dismissal was for
misconduct (see DMG 34044 5.) or
4. the claimant had another job to go to, but left his first job earlier than he
needed to (see DMG 34386)
a sanction of one week should be imposed.
Note: DMs should apply all of points 1. to 4. before deciding if there is a sanction of
at least one day. If there are no days of sanction the DM should decide not to
sanction.
Example 1
Ruth leaves her job voluntarily, without just cause.
The employer confirms that the job was only due to last for another four days after
she left.

The DM takes that into account, but has to impose a sanction for one week.
Example 2
David leaves his job voluntarily without just cause, and waits three days before
claiming JSA.
The employer confirms that the job was only due to last for one day after he left.
A sanction of one day is appropriate, but after deducting the three days when David
did not get JSA because he did not claim it, there is no sanction period.
The DM decides not to sanction.
34043 As well as the guidance in DMG 34044 - 34052 there is also guidance on
circumstances which the DM should take into account when deciding the length of
the period in
1. DMG 34060 - 34199 (Misconduct)
2. DMG 34220 - 34386 (Leaving voluntarily)
3. DMG 34388 - 34562 (Refusing employment)
4. DMG 34591 - 34614 (Neglect to avail).
34044 The DM should take into account all the circumstances of the case when deciding
1
the length of a sanction . In particular the DM should consider the following points
when deciding the length of a sanction
1. DMs have complete discretion to decide the length of the sanction, provided
they do so fairly and impartially, having given the claimant a chance to
provide information and evidence and having considered any information and
2
evidence the claimant offers them
2. it is wrong to say that the only two approaches to deciding the period of a
sanction are by starting at 26 weeks and working down or by starting at one
3
week and working up
3. the DM should use a sensible discretion in such a manner as the justice of

4
the case requires
4. where the employment would have lasted less than 26 weeks, the length it
5
was likely to have lasted (see DMG 34048) and
5. where
5.1 the claimant lost employment through misconduct and
5.2 the employer indicated that the claimant will be taken back on
6
the date the claimant is to be taken back on and
6. where
6.1 the claimant has left employment voluntarily without just cause and

6.2 the hours of work in that employment were 16 hours or less a week
(the guidance at DMG 34425 should be applied to decide the effect of
rota or shift patterns)
7
the rate of pay and hours of work in the employment the claimant left and
7. where the claimant
7.1 left employment voluntarily without just cause or
7.2 neglected a reasonable opportunity of employment without good cause
any physical or mental stress connected with the employment that gave some
8
justification for leaving/neglecting
8. there is no burden of proof on the claimant to show that there are

9
circumstances justifying a reduction in the period of a sanction .
1 JS Act 95, s 19(4); JSA Regs, reg 70; 2 R(U) 8/74(T); 3 R(U) 8/74(T); 4 R(U) 8/74(T);
5 JSA Regs, reg 70(a); 6 reg 70(b); 7 reg 70(c); 8 reg 70(d); 9 R(U) 8/74(T)
34045 Although the points at DMG 34044 1., 2., 3. and 8. were decided at a time when the
minimum period of a sanction (then a disqualification) was one day and the
maximum six weeks, the principles still apply. It is important that DMs should have
regard to them so that, if the claimant appeals to a FtT, the DM can explain the
1
period of sanction imposed .
1 R(U) 4/87
1 2
34046 It is difficult to administer this provision consistently , particularly since the
maximum period of a sanction has increased since the principles outlined in DMG
34044 1., 2., 3. and 8. were decided. DMs should try to avoid discrepancies, but
difference in treatment is unavoidable to some extent. As DMs
1. have discretion to decide the period of a sanction and
2. must take into account all the facts of the individual case
it is not possible to give general guidance on what period would be reasonable if

particular circumstances existed. But if the reason for the sanction is anything other
than misconduct, and subject to DMG 34043 - 34044 and 34048 - 34050, where the
DM has no evidence to explain the claimant's action or failure to act, it is likely that
the maximum sanction will be reasonable.
1 JS Act 95, s 19(3) and 20A(4); 2 R(U) 8/74(T)
34047 When considering periods of sanction (then disqualification) in earlier case law the
1
DM should remember that times and attitudes change .
1 R(U) 8/74(T)
Employment would not have lasted 26 weeks
34048 Before the length of time the employment would have lasted can be taken into
account the DM must be satisfied that the employment would have ended at or
about a certain date. This is not the case where

1. the claimant or employer says that the employment would have ended soon,
1
but it is unclear whether it would have ended within 26 weeks or later or
2. the employment ends while the claimant is already serving a period of notice
in circumstances which would have led to a sanction if the claimant had
completed his notice.
1 R(U) 1/57
Claimant loses entitlement to JSA whilst sanctioned
34049 A claimant has to be entitled to JSA before the DM can impose a sanction. If a
claimant loses entitlement to JSA
1. during a sanction or
2. after the date on which a sanction is imposed but before the sanction period
starts
the sanction ceases to have any effect. But if the claimant again becomes entitled to
JSA within the sanction period, the original sanction applies again and JSA is not
payable for the original sanction period imposed.
Example
Dave Hurst left his job voluntarily and without just cause, so the DM imposes a
sanction for 15 weeks, and JSA is not payable from Wednesday 9.10.96 to Tuesday
21.1.97 (both dates included). On Monday 4.11.96 Dave starts F/T work for 39
hours a week and ceases to be entitled to JSA. On Friday 29.11.96 he is made
redundant from this job, and claims JSA and becomes entitled to it from and
including Saturday 30.11.96. No JSA is payable to Dave from 30.11.96 to 21.1.97
(both dates included) because of the sanction originally imposed by the DM.
Vacancy is filled before the DM considers the case
34050 The period of sanction for
1. refusing employment or
2. neglecting to avail oneself of employment
is not affected if the vacancy has been filled by the time the DM considers the
sanction. This is so even if by then the claimant has decided to apply for the
vacancy, but it is no longer open (but see DMG 34401 - 34402 if the change of mind
is before the vacancy is filled). The DM is imposing a sanction because the claimant
might have been in employment but for the refusal or neglect.
Days to be deducted from the sanction period
34051 For leaving voluntarily and misconduct cases, once the DM has chosen the period
of sanction, it should be reduced by any days

1. which fall after the date on which the employment ended (see DMG 26038)
and
2. which fall before the period of sanction starts (see DMG 34054 - 34058) and
3. for which claimants do not receive any JSA because they
3.1 do not claim it or
3.2 claim it late or

1
3.3 are in other employment or training or
2
3.4 are reinstated in the former employment or training or
3
3.5 are incapable of work or
3.6 are not available for work or
3.7 are not ASE or
3.8 do not have a JSAg or
3.9 are imprisoned or detained in legal custody or
3.10 receive SMP for a period after their employment has ended or
3.11 are abroad or
3.12 have failed to attend or failed to provide a signed declaration without

good cause (see DMG Chapter 20) or
3.13 have income that exceeds the applicable amount or
3.14 have capital in excess of the maximum allowed or
3.15 are in receipt of young person's bridging allowance (Wales only).
Note: If after the reduction the sanction period is nil, the DM should decide not to
sanction.
1 R(U) 35/53; R(U) 13/64; 2 R(U) 24/64; 3 R(U) 11/59
Example
Sally gets sacked for misconduct but does not claim JSA as she decides to live off
her savings. After 28 weeks she makes a claim for JSA. The DM is asked to decide
whether Sally should be sanctioned for getting sacked. The DM decides that a
sanction period of 26 weeks would be appropriate. But the 28 weeks after the date
the first job ended and before the sanction starts (when Sally did not get JSA
because she did not claim) have to be deducted. The DM cannot sanction Sally.
34052 For refusing employment and neglecting a reasonable opportunity of employment

cases, once the DM has chosen the period of sanction, it should be reduced by any
days

1. which fall on or after the date on which the claimant refused or neglected an
opportunity of employment and
2. which fall before the period of sanction starts (see DMG 34054 - 34058) and
3. for which claimants do not receive any JSA because they
3.1 do not claim or
3.2 claim it late or

1
3.3 are in other employment or training or
2
3.4 are reinstated in the former employment or training or
3
3.5 are incapable of work or
3.6 are not available for work or
3.7 are not ASE or
3.8 do not have a JSAg or
3.9 are imprisoned or detained in legal custody and
3.10 receive SMP for a period after their employment has ended or
3.11 are abroad or
3.12 have failed to attend or failed to provide a signed declaration without

good cause (see DMG Chapter 20) or
3.13 have income that exceeds the applicable amount or
3.14 have capital in excess of the maximum allowed or
3.15 are in receipt of young person’ bridging allowance (Wales only)
Note: If after the reduction the sanction period is nil, the DM should decide not to
sanction.
1 R(U) 35/53; R(U) 13/64; 2 R(U) 24/64; 3 R(U) 11/59
34053 If claimants do not receive JSA for certain days because, for example, they are in
employment, those days can be deducted from the period of a sanction. But if
instead of losing JSA a claimant receives a reduced amount of JSA for a week none
of the days in that week can be deducted from the period of a sanction. Claimants
may work for less than a week but lose JSA for a full week because of that work. All
the days of lost benefit (the full week) can be deducted from the period of sanction
not just the days of actual work.

When sanctions of discretionary length start
34054 Once the DM has decided a discretionary length sanction is appropriate, and the
length of that sanction, then the DM has to decide when the discretionary length
sanction is to start from.
34055 Where the DM has to revise or supersede an award to impose a sanction, the
sanction starts on
1. the first day of the benefit week following the date on which the DM decides
1
to impose a sanction on the claimant or
2
2. if JSA is paid other than fortnightly in arrears , the first day of the benefit week
3
following the benefit week for which JSA was last paid .
1 SS CS (D&A) Regs, reg 7(8)(a); 2 SS (C&P) Regs, reg 26A(1); 3 reg 7(8)(b)
Example
A DM decides on Friday 6.12.96 to impose a sanction on Rose for 22 weeks for

refusing a job. Rose regularly attends the Jobcentre Plus office, having been given
a notice (form ES40) to do so, on a Monday. Her benefit week is therefore Tuesday
to Monday.
The sanction will therefore begin on Tuesday 10.12.96 and end on Monday
12.05.97.
34056 If the DM imposes a sanction without having to revise or supersede an award the
guidance in DMG 34057 - 34058 should be followed to decide the start of the
sanction period.
34057 DMs should apply the following rules when deciding the start date of a sanction
period
1
1. a sanction must be for one continuous period
2
2. a sanction must start on a day on which the claimant is entitled to JSA
3. If full rate JSA has been paid - not hardship rate (and in most cases it will
have been paid at full rate) after the date on which the employment ended or
since the date of refusal, failure or neglect, the period of sanction should start
3
later to make the sanction effective . Subject to 2. and 5. this will be the day
after the last day for which full rate JSA was paid
4. subject to 2., 3. and 5. a sanction for
4.1 leaving employment voluntarily or losing employment through

4
misconduct should start on the first day after the employment ended
(see DMG Chapter 26 which gives guidance on when employment
ends)

4.2 refusing employment or neglecting to avail oneself of employment

should start on the date of the refusal, failure or neglect
5. the period of sanction should start after the expiry date, when the claimant
5
has received a compensation payment .
1 R(U) 24/56; 2 JS Act 95, s 19(1); 3 CU 19/48; R(U) 24/56; 4 CU 19/48;
CU 155/50(KL); 5 JSA Regs, reg 94(6) & 98(3)
34058 The following examples show how the rules in DMG 34057 should be applied when
more than one rule applies in a particular case.
Example 1
Gordon leaves his employment and claims JSA. He is not entitled to it for three
weeks because he does not have a valid JSAg. Applying DMG 34057 2. and 4., the
period of sanction should start on the first day on which he is entitled to JSA.
Example 2
Carol receives a compensation payment when her employment ends. She later
receives JSA for four weeks. Then her entitlement ceases for two weeks because
she failed to actively seek employment. Applying DMG 34057 2., 3., 4., and 5. the
period of sanction should start on the day Carol becomes entitled to JSA again after
the two weeks she was not entitled because she did not actively seek employment.
34059

Misconduct 34060 34064
Employment lost through misconduct

Misconduct
Introduction
34060 JSA is not payable if a claimant has lost employment as an employed earner
1
through misconduct . For general guidance on the length of a sanction, and when it
should begin see DMG 34040 - 34058. Hardship payments may be made in certain
circumstances.
1 JS Act 95, s 19(1), 20A(1), 19(6)(a) and 20A(2)(d); JSA Regs, reg 75(4)
34061
34062 The sanction is not to punish claimants for losing a job, but to protect the NI fund
1
from claims which claimants bring upon themselves by their misconduct .
1 CU 190/50(KL); R(U) 2/77
34063 A sanction should only be imposed if the DM is satisfied that the claimant
1. is entitled to JSA and
2. was in employed earner's employment and
3. acted or failed to act as alleged (see DMG 34085 - 34092) and
4. behaved in such a way that it amounted to misconduct (see DMG 34105

34186) and
1
5. lost employment through misconduct (see DMG 34193 - 34199) .
1 JS Act 95, s 19(1), 20A(1), 19(6)(a) and 20A(2)(d); JSA Regs, reg 75(4)
34064

Relationship with trade dispute, redundancy and unfair dismissal 34065 34068
Relationship with trade dispute, redundancy

and unfair dismissal
Trade dispute
34065 In some cases the DM may be asked to consider

1
1. whether claimants are not entitled to JSA because they are involved in a TD
and
2. whether to impose sanctions because they lost their employment through

misconduct.
The TD question should be decided first. If the claimant is not entitled to JSA, a
sanction cannot be imposed for misconduct.
1 JS Act 95, s 14
Redundancy
34066 The DM should consider a sanction for misconduct where
1. claimants have not received redundancy payments because of their

misconduct and
2. the employer terminates the contract of employment without notice because

of that misconduct.
34067 If an Employment Tribunal later awards the claimant all or part of the redundancy
payment, this will not necessarily give grounds for revising a sanction for
misconduct (see DMG 34068 - 34070).
Unfair dismissal
1
34068 Employment protection legislation protects employees against and defines unfair
2
dismissal . Sometimes a case will arise where the DM is deciding on a sanction for
misconduct, and the claimant has also made a complaint of unfair dismissal to an
Employment Tribunal. These are separate questions, decided on different criteria.
The decision making authorities and Employment Tribunals are entirely independent
of each other. Decisions by one are not binding on the other.
1 ER Act 96, s 111(1); 2 s 98 & 100
Vol 6 Amendment 17 November 2005

Relationship with trade dispute, redundancy and unfair dismissal 34069 34074
34069 The main difference between unfair dismissal and misconduct is that
1. in unfair dismissal, the emphasis is on the conduct of the employer
2. in misconduct, the main emphasis is on the conduct of the claimant.
But the employer's behaviour will be relevant to the question of whether the claimant
1
lost employment through misconduct and if so, the length of the sanction .
1 R(U) 2/74
34070 There will be cases where a claimant succeeds before an Employment Tribunal on
the unfair dismissal question, but the DM decides a sanction is appropriate for
misconduct, and vice versa.
Employment Tribunal's finding of facts
34071 An Employment Tribunal's finding of facts is convincing evidence that can be taken
into account by the decision making authorities, although the issues may be
different. It is more likely that the facts will be fully investigated by an Employment
Tribunal than by the decision making authorities because
1. the employers are party to the case before the Employment Tribunal and
2. Employment Tribunals can compel the attendance of witnesses.
But the decision making authorities are not bound to decide the facts in the same
1
way as an Employment Tribunal .
1 R(U) 2/74
34072 - 34074

Proof 34075 34080
Proof
1
34075 The person who alleges the claimant has committed misconduct must prove it . The
2
DM determines what is misconduct . The DM further determines whether the
employment was employed earner's employment (see DMG 26010).
1 R(U) 12/56; R(U) 2/60; 2 R(U) 10/54
34076 Usually the DM decides questions of fact on the balance of probabilities. But in
misconduct cases the probability should be high because it may bring disgrace on
1
the claimant . Before a sanction is imposed the DM should be substantially satisfied
that the allegations which are made are well founded.
1 R(U) 2/60; R(U) 7/61
Evidence
34077 In misconduct cases the DM will usually have
1. statements by the employer describing the claimant's alleged acts or

omissions
2. statements by the claimant replying to the employer's allegations.
34078 It may also be useful to have
1. statements by witnesses to the alleged acts or omissions
2. a written statement from the employer, giving reasons for the dismissal.
34079 Claimants can ask their employer for a statement as in DMG 34078 2., and should
receive it within 14 days, if they have worked for the employer for at least one year
and
1. the employer has given them notice of the termination of the contract of
employment or
2. the employer has terminated the contract of employment without notice or
3. they are employed under a fixed term contract and the contract expires
1
without being renewed .
1 ER Act 96, s 92
Giving the claimant a chance to comment
34080 Before imposing a sanction for misconduct, the DM should be satisfied that
claimants have been given an adequate chance to comment on all the statements
made against them.

Proof 34081 34084
34081 If the employer's statements are not complete, the DM can still arrange for claimants
to have a chance to comment. But if
1. it is clear that the employer will not or cannot provide any further information
and
2. decision making is not waiting for other legal action to be completed, for
example a court case or Employment Tribunal hearing and
3. the evidence is insufficient for a sanction to be imposed
claimants should not be approached again in the hope that they may provide further
evidence which would justify a sanction for misconduct.
34082 If fresh allegations are made at a FtT hearing in the claimant's absence, the DM
should normally request an adjournment to allow the claimant to attend or answer
the allegations in writing.
34083 - 34084

Whether the claimant acted or failed to act as alleged 34085 34088
Whether the claimant acted or failed to act

as alleged
Claimant prosecuted
34085 If claimants are prosecuted for an offence which would be misconduct if proved, a
DM can decide that they have committed misconduct before they have been found
1
guilty . A sanction can be imposed before the case has been heard in court.
1 R(U) 10/54
Claimant acquitted
34086 A DM should not decide that a claimant did not lose employment through
misconduct just because the claimant was acquitted of an offence. The evidence
that was before the court may be enough to establish misconduct, or there may be
1
other acts or omissions which were not dealt with by the court .
1 R(U) 8/57
Reports of court or employer's hearings

1
34087 Where claimants have been convicted of offences in England and Wales or
2
Scotland , the DM should accept that they have committed these offences, unless
the claimants can prove the contrary. So a conviction should be treated as strong
evidence that a person did commit the offence, though it is not conclusive. The
decision making authorities must still decide whether
1. that offence is misconduct and
2. the misconduct caused the claimant's loss of employment.

1 Civil Evidence Act 68, s 11; 2 Law Reform (Misc Prov) (Scotland) Act 1968, s 10
34088 A statement from the employer and claimant about the conviction may be sufficient
evidence. But if there is disagreement about the
1. offence for which the claimant was convicted or
2. nature of the conviction
a certificate giving the date and precise nature of the offence should be obtained
1
from the Clerk to the Justices . This may become increasingly difficult in the light of
the Data Protection Act.
1 R(U) 24/64

Whether the claimant acted or failed to act as alleged 34089 34104
34089 A finding by a Chief Constable, after formal disciplinary proceedings, that a police
officer committed certain acts is strong evidence that the officer committed those
1
acts, though it is not conclusive .
1 R(U) 10/63
34090 Findings of fact by an administrative body, for example a hospital management

1
committee, are not evidence . Findings of fact by an ad hoc board or committee of
enquiry appointed by the employer are relevant to the question of misconduct, but
by themselves may be insufficient. There should be other evidence before a
sanction can be imposed.
1 R(U) 7/61
Hearsay and eye-witness evidence

1
34091 Hearsay evidence is acceptable, but its value must be very carefully considered .
The DM should ensure that, where possible, the most direct evidence, generally of
eye-witnesses, is obtained. The allegations against the claimant can then be
properly tested. Direct evidence is particularly important where the claimant denies
2
the facts which are alleged to amount to misconduct . The surrounding
circumstances may, however, be just as convincing as eye witness evidence.
1 R(U) 12/56; 2 R(U) 2/60; R(U) 7/61
34092 The DM should decide the case on the available evidence where the allegations
1. are disputed by the claimant, and
2. they are based on information of which the person replying to enquiries for
the employer does not have personal knowledge.
A vague or general allegation is not sufficient to establish misconduct by itself. But

sometimes, when put together with the claimant's own statement, it may establish
misconduct (but see DMG 34081).
34093 - 34104

Whether the claimant’s conduct was misconduct 34105 34108
Whether the claimant's conduct was

misconduct
1
34105 The word "misconduct" is not defined in SS legislation , but it suggests an element
2
of blameworthiness . It means such misconduct as would persuade or oblige a
reasonable employer to dismiss employees because, considering their misconduct,
3
they are no longer fit to hold their employment . Misconduct is conduct which is
connected, but not necessarily directly, with the employment. And taking into
account the
1. relationship of employer and employee and
2. rights and duties of both
misconduct must be conduct that can fairly be described as blameworthy and

4
wrong .
1 JS Act 95, s 19(6)(a) and 20A(2)(d); 2 R(U) 8/57; 3 R(U) 24/55; R(U) 7/57;
4 R(U) 2/77
34106 Claimants may have behaved or performed their job in such a way that would lead
to dismissal by a reasonable employer - but this may not be misconduct.
Example 1
Rachael Davis is often clumsy and inefficient at work. The employer, after
investigating why, comes to the conclusion that she is naturally clumsy, and is doing
the best she can. He dismisses Rachael. Rachael's clumsiness and inefficiency is
not misconduct.
Example 2
Anwar Ansari is absent for a total of 27 weeks in a year. All the periods of absence
are due to sickness or accidents and are covered by medical certificates. The
employer's rules about notifying absences are all obeyed. The employer dismisses
Anwar. Anwar's absences are not misconduct.
34107 The DM should not impose a sanction for misconduct if there is evidence from
someone who is medically qualified that at the time of the alleged misconduct the
claimant was
1. suffering from a mental illness and
2. not responsible for the actions in question.
34108 A deliberate act or omission by a claimant which could have been avoided can be
misconduct. For example, where claimants are late for work, the test is whether the
lateness was preventable, or whether there was a failure on the part of the claimant
to take care to attend at the proper time. Lateness which is outside the claimant's
control does not amount to misconduct.

34109 The decision making authorities decide whether the claimant's actions are
misconduct. It does not matter that the employer has not described the claimant's
actions as misconduct.
Example
An employer ends Sheila Rudd's employment by contractual notice. In answer to an

enquiry from the DM, the employer says that she dismissed Sheila because she had
not been maintaining a proper standard of work. After further enquiries have been
sent, it becomes clear that Sheila had been particularly careless. Sheila has lost her
employment through misconduct.
34110
Misconduct outside employment
34111 Misconduct which happened outside working hours and was not in the course of the
1
claimant's employment can be misconduct within the meaning of the legislation . It
may cover both criminal and non criminal acts. But it cannot include conduct which
2
happened before the employment started .
1 JS Act 95, s 19(6)(a) and 20A(2)(d); R(U) 7/57; R(U) 20/59;
2 R(U) 26/56; R(U) 1/58
34112 The claimants' behaviour must have affected, either directly or indirectly, their
suitability for the employment before it can be misconduct, even if their behaviour
1
would amount to misconduct in a social or moral sense . Sexual offences committed
outside the employment are likely to fall into this category, and should not generally
be treated as misconduct. But sometimes, where claimants' employment brought
them into close contact with members of the public, their conduct could amount to
misconduct and a sanction would be appropriate. Employees in certain professions,
for example teachers, government and LA employees and social workers, know
they are expected to maintain a high moral standard and anyone dismissed for such
2
offences would be particularly likely to be subject to a sanction .
1 R(U) 24/55; 2 R(U) 1/71
34113 - 34116

Instructions not obeyed
34117 If claimants wilfully disobeyed a reasonable order by an employer or other superior,

this will usually be misconduct. But it is not misconduct if claimants
1. had compelling reasons for the refusal or
2. acted or failed to act on a genuine misunderstanding or
3. reasonably, but mistakenly, believed they were entitled to refuse.
Example
An employer orders Abdul Kaleem, a van driver not to drive after he has been
involved in an accident. The next day Abdul finds his van waiting, loaded as usual,
and he takes it out. He is dismissed for disobeying the order. He says that he
understood he was being taken off driving, but did not understand that this was to
happen at once. Abdul has not wilfully disobeyed the order, but acted on a genuine
1
misunderstanding. This is not misconduct .
1 R(U) 14/56
Failure to follow rules and regulations
34118 In many employments there are rules or laws about the work and the way it is done
for example, safety rules and licensing laws. Breaking such a rule is misconduct,
unless it is very trivial. The fact that the rule is often broken does not excuse the
breaking of it, or mean that it is not misconduct. But it should be taken into account
when deciding the length of the sanction.
Example
Richard Mandal, the manager of a pub is sacked because he broke the licensing
laws. It is accepted that he did not know he was breaking the law, and he has done
the same thing on previous occasions without the police objecting. This is still
misconduct but the facts are reflected in the period of sanction the DM decides to
1
impose .
1 R(U) 10/54
34119 In some employments there are rules covering personal conduct. Breaking such a
rule may be misconduct, depending on the seriousness of the offence. It is no
excuse that the rule is often broken.
Example
Omar Siddique, a postman is sacked for breaking a PO rule forbidding certain types
1
of postal betting. This is misconduct .
1 R(U) 24/56

Trade union membership and activities
34120 Under employment and trade union law all trade union officials are entitled to a
reasonable amount of time off work with pay to
1. carry out their industrial relations duties or

1
2. undergo union-approved training in industrial relations .
Trade union members are entitled to a reasonable amount of unpaid time off work
2
to take part in trade union activities (excluding industrial action) .
1 TULR (C) Act 92, s 168 & 169; 2 s 170
34121 All employees have the right not to have any action taken against them by their
employer to
1. stop or deter them from being or trying to become a member of an

independent trade union, or punish them for doing so or
2. stop or deter them from taking part in the activities of an independent trade
union at any appropriate time, or punish them for doing so or
3. force them to become members of any trade union, or of a particular trade

1
union, or one of a number of particular trade unions .
1 s 146(1)
34122 The dismissal of any employee is regarded as unfair if the reason or main reason for
it was that the employee
1. was, or intended to become, a member of an independent trade union or
2. had taken part, or intended to take part, in the activities of an independent

trade union at an appropriate time or
3. was not a member of
3.1 any trade union or
3.2 one, or a number of, particular trade unions or
4. had refused, or intended to refuse, to become or remain a member of
4.1 any trade union or

1
4.2 one, or a number of, particular trade unions .
1 s 152(1)
34123 If claimants' terms and conditions of employment were changed by a closed shop
agreement and they were dismissed because they refused to join a union, a
1
sanction is not appropriate . Dismissal for refusing to join a union is now in all
2
circumstances unfair .
1 R(U) 2/77; 2 TULR (C) Act 92, s 152(1)(c)
34124 - 34125

Health and safety
34126 Under employment and trade union law all employees have the right not to be
1 2
dismissed , selected for redundancy or subjected to any disadvantage for
1. carrying out or planning to carry out any health and safety activities for which
they are appointed by their employer or
2. carrying out or planning to carry out any of their tasks as official or employer
acknowledged health and safety representatives or committee members or
3. bringing to their employer's attention
3.1 by reasonable means and
3.2 in the absence of a representative or committee who could do so on

their behalf
a reasonable health and safety concern or
4. leaving or planning to leave, or refusing to return to
4.1 the workplace or
4.2 any dangerous part of it
because they reasonably believed there was a serious and imminent danger
which they could not reasonably be expected to avert or
5. taking, or planning to take, steps which were appropriate to protect

themselves or others from danger which was reasonably believed to be
serious and imminent. When deciding what was appropriate, all the
circumstances should be taken into account, including
5.1 their knowledge and
5.2 the facilities and
5.3 the advice
available at the time.
1 TURER Act 93, s 57A; 2 s 22A
34127

Refusal to do work
34128 Subject to DMG 34130, if a claimant refused to do work that should be done under
the terms of the contract of employment, this is misconduct. But the work must be
1. appropriate to the grade or
2. work which there is an express or implied obligation to do (for example

alternative work under a guarantee agreement) or
3. work which may reasonably be required in an emergency.
34129 Sometimes the exact scope of a claimant's duties was not defined in the contract of
employment. There may have been disagreement between a claimant and the
employer about the extent of the duties. In this situation the DM should look at the
work they had previously done. If they had done particular work for a long period
without complaint, that is strong evidence that it has come to be recognized as part
of the duties.
34130 If a claimant
1. should have done certain work and
2. had a reason for not doing so that was so compelling as to leave no choice in
the matter (for example if there is medical evidence that the work would have
been harmful to health)
the refusal is not misconduct.
34131 If a claimant refused to perform work which was not part of the employment, it is not
misconduct.
34132 Some trades require apprentices or trainees to do some work outside their trade. In
such a case it is misconduct if they refuse. But if it interferes with their training, their
refusal is not misconduct.
34133 If claimants refused, because of a TD, to do work which they should have done,
their refusal is misconduct. The case against them is even stronger if there is a
recognized procedure for settling disputes and they chose to ignore it. The
1
claimants may also not be entitled to JSA because they are involved in a TD . See
34065 for advice on which decision to give.
Example
Stan Paxman, a crane driver who is a shop steward refuses to carry out a proper
order because of an argument about pay, so he is sacked. There is a detailed
negotiating procedure for settling disputes but he ignores this. Stan has lost his
2
employment through his misconduct .
34134 - 34138
1 JS Act 95, s 14; 2 R(U) 41/53

Refusal to work overtime
34139 If a claimant
1. had an express or implied duty under the contract of employment to work

overtime when required and
2. refused a reasonable request to do so

1
the refusal will normally be misconduct . But the claimant should have been given
adequate notice if possible. The amount of overtime required and the time when it
was to be done should be reasonable for the employment. If the claimant had a
reason for refusing the request, for example domestic difficulties, this should be
taken into account when deciding the length of the sanction. See also DMG 34141.
1 R(U) 35/58
34140 If a claimant was dissatisfied with the rate of pay for overtime work, the claimant
should have worked as instructed and pursued the matter in the proper way (for
example through the trade union). Refusal to work overtime for this reason when
there is an obligation to do so is misconduct.
34141 Refusal to work overtime is not misconduct if
1. the claimant was not under an obligation to work overtime or
2. the claimant genuinely believed that there was no obligation to do so or
3. the employer tried to introduce the requirement to work overtime into the
terms and conditions of the employment, or to increase the amount already
provided for in the contract or
4. although obliged to work overtime, the reasons for refusing were so

compelling as to leave the claimant with no choice but to refuse.
34142 - 34144
Refusal on grounds of religion or conscience
34145 An employer sometimes tries to impose terms or conditions of employment which

would have restricted a claimant's personal freedom or conflicted with a claimant's
genuinely held beliefs. If a claimant refused to comply with such conditions, this will
not be misconduct. The principles explained in DMG 34480 - 34483 should be
followed. If the claimant would have had good cause for refusing the employment,
the refusal to comply with such conditions is not misconduct.
34146 - 34148

Negligence and inefficient work
34149 Whether negligence or carelessness is misconduct is a matter of degree. If it was

deliberate it is misconduct. Otherwise it depends on
1. the responsibility, care and skill expected in the job and
2. the seriousness of the act or omission and
3. the extent of the claimant's blame.
If claimants were doing their best, then inefficiency is not misconduct.
34150 It is for the DM to establish that the claimant was so much to blame for the acts
complained of that they are misconduct. If a claimant held a position of responsibility
which called for a high standard of care or skill, a single incident, if proved, may
amount to misconduct.
The facts in the following examples are not exactly the same as the caselaw
quoted.
Example 1
Steven Knight, a bus driver is sacked because the bus hit another bus, causing
slight damage to both vehicles. The collision happened on a dark road. Steven had
a clean driving record for 21 years. As this is an isolated error of judgement, it is not
1
misconduct .
Example 2
Sam Ibbotson, a fitter is told to check some bearings in a compressor. He says that
he has completed the job. But, when the compressor is used, it is found that part of
a bearing has not been replaced and is lying loose in the crankcase. He is therefore
sacked. This is gross negligence on his part, and he has lost his employment
2
through his misconduct .
Example 3
See La Wang, the manager of a pharmacy is sacked after several cash shortages
are discovered. She is charged with embezzlement and acquitted. As she has been
negligent in carrying out responsible duties, she has lost her employment through
3
her misconduct .
Example 4
Andrea Ellis, an insurance agent returns her books to her employers, explaining that
about three months before she lost £400 belonging to the company. An employee
who has charge of her employer's money is under a duty to take care to safeguard
it. Andrea can not explain why she was carrying such a large amount of money, or
4
how she came to lose it. Her carelessness on this one instance is misconduct .
1 R(U) 10/52; 2 R(U) 35/53; 3 R(U) 8/57; 4 R(U) 17/64

34151 A certain amount of carelessness or negligence may be acceptable in doing less

responsible tasks. Provided it is not deliberate, such an act or omission does not
amount to misconduct even though the employee concerned lost employment as a
result. Similarly, an isolated error of judgement which had no serious consequences
may not be misconduct.
Example
Stuart Allison a fire tender has to tend and keep alight a number of fires. He is
sacked following a report that he has allowed the fires to go out one night. But this is
not proved. Stuart admits that he let one fire go out, but tried to relight it at once.
This is not misconduct. One fire might go out even if the fire tender is reasonably
careful. And the fact that he took steps to rekindle it did not suggest a serious
1
neglect of duty .
1 R(U) 2/60
34152 Inefficiency alone is not misconduct when it is due only to the claimant's natural lack
of skill or ability.
Example
Malcolm Gray, a thread tapper is sacked because although the quality of his work is
satisfactory, he is unable to produce the quantity of work wanted. This is not
1
misconduct .
1 R(U) 34/52
34153 - 34157
Driving offences and road accidents
34158 If claimants committed road traffic offences which had a direct effect on their ability
to do their jobs, then this is misconduct. This will be the case, even where the
offence was committed outside the employment. But if the offence was an isolated
and minor act of negligence or was trivial or merely technical, it will not be
misconduct. An offence should not be regarded as minor, trivial or technical if, on
conviction, claimants
1. have their licences suspended or
2. are disqualified from holding a licence.
Conviction in such cases is evidence of misconduct. A certificate giving the date and
precise nature of the offence should be obtained if there is any disagreement about
the nature of the offence.
quoted.

Example 1
Lesley Parker, a lorry driver is convicted of being in charge of a car while under the
influence of drink and her licence is withdrawn. She is sacked. The offence took
place in her own time and in her private car. Lesley has lost her employment
1
through her misconduct .
Example 2
Edmund Weaver, a bus driver leaves his employment when he is disqualified from
holding a driving licence for 6 months because he is convicted of driving without
insurance. The conviction is evidence that he has committed the offence and, since
his employment depends on his holding a driving licence, it is a strong indication of
2
misconduct .
1 R(U) 7/57; 2 R(U) 24/64
34159 Even if claimants were not prosecuted under road traffic legislation, they may have
been involved in incidents which reflected on their driving ability and resulted in loss
of employment. Whether their acts or omissions amount to misconduct depends on
all the circumstances of the case.
Example
Jason Tomlinson, an experienced driver is sacked after his van hits a low railway
bridge. He wrongly assumed that an oncoming bus had passed under the bridge
and that there was therefore enough headroom for his vehicle. In fact the bus had
come from a concealed side road. There was a warning sign on the bridge, which
he saw too late to stop. Jason has been negligent enough to be sanctioned for
misconduct. But the fact that
1. there was no advance warning sign of the bridge ahead and
2. no sign to show the side road

1
are taken into account when deciding the length of the sanction .
1 R(U) 13/53
34160 It was not necessary for a claimant to have been employed as a driver or for the
contract of employment specifically to have provided for the claimant to use a
company vehicle for DMG 34158 - 34159 to apply. If a claimant
1. had used a vehicle and
2. needed to be able to drive to do the job properly and efficiently and
3. was disqualified from holding a driving licence
the claimant has lost the job through misconduct.

Whether the claimants conduct was misconduct 34161 34168
34161 But where the offence did not have a direct effect on claimants' abilities to carry out
their duties, this will not be misconduct. For example, a claimant who used a car to
get to work because there was no public transport might be disqualified for holding a
driving licence. It is not misconduct if the employer would have continued to employ
them if they could have got to work.
34162 - 34167
Unauthorized absence and lateness
34168 Repeated or lengthy absence from work without permission or justification is usually
misconduct. But one short absence may also be misconduct. It is no excuse that
such absence was common practice or that the claimant had not been warned.
Absence includes not only whole days of non-attendance but also late arrival, early
departure and short periods of absence during working hours.
quoted.
Example 1
Bruce Bell, an electrician, is sacked because he is often absent from work without
permission. He says that, due to shortage of materials, he often has no work to do
and can only earn the basic rate. He could spend his time better elsewhere. Even if
this is true, it does not justify being absent without leave. Bruce has lost his
1
employment through misconduct .
Example 2
Jennifer Hanson is sacked because she is absent from work for a week without
permission in order to attend a convention. She applied for leave but was refused.
2
Jennifer has lost her employment through misconduct .
Example 3
Sue McIntosh does not go into work on a Saturday after she has been refused leave
of absence because other people were on holiday. When told off by her employer
she gives two weeks notice, but she is then told to leave at once. If referred to the
3
DM a sanction for leaving voluntarily or misconduct can be imposed .
Example 4
Chris Egan is sacked because he often doesn't turn up for work, or turns up late
without permission. He makes up the lost time by working late and says that this is
4
the recognized practice. Chris has lost his employment through his misconduct .

Whether the claimants conduct was misconduct 34169 34170
Example 5
Nineteen employees leave their jobs as a protest because their foreman has
withheld a tax rebate due to a fellow worker. As a result the employer closes the site
for several weeks. There has not been a TD. The claimants have lost their
employment through their misconduct. Instead of walking off the site they should
have referred their grievance to the Trade Union. The foreman's action, which
provoked the employees, is taken into account when deciding the length of the
5
sanction .
Example 6
Adam Crowther is suspended from work by the employer for a month because of
unauthorized absence from work. Adam's conduct amounts to misconduct, but the
6
period of sanction is only for the period of suspension from work .
1 R(U) 22/52; 2 R(U)8/53; 3 R(U)2/54; 4 R(U)1/57; 5 R(U)26/59; 6 R(U)10/71
34169 Where a claimant was arrested, the absence from work is not misconduct. But the
question arises whether the offence causing the arrest is misconduct (see DMG
34112 and 34178 - 34186).
Looking for other work
34170 Absence from work without permission to look for other employment, or to be
interviewed for another job, is misconduct. But if the employer was unreasonable
when dealing with requests for leave for such purposes, this should be taken into
account when deciding the period of the sanction. The DM should consider whether
1. the claimant had a compelling reason for wanting a change of employment
2. it was necessary to have time off, and when and for how long
3. the claimant had grounds for thinking the employer would be unreasonable.
Example
Anil Quershi, a labourer is sacked, after a previous warning, because of repeated

unauthorized absences from work. The employment is harmful to his health, and he
is absent because he is looking for more suitable employment. But Anil did not
explain this, or ask permission to have time off. This is misconduct. The
circumstances should be taken into account when deciding the length of the
1
sanction .
1 R(U) 8/61

Time off work under employment protection and trade union law
34171 Under employment protection and trade union law certain employees are entitled to
a reasonable amount of time off work for various reasons. If the employer refuses to
allow them to take time off, employees may complain to an Employment Tribunal. If
the Employment Tribunal finds the complaint well founded they may, in certain
circumstances, award claimants compensation. The following types of employees
fall within the provisions
1
1. trade union officials and members (see DMG 34120)
2. people undertaking public duties as
2.1 justices of the peace
2.2 LA members
2.3 police authority members
2.4 Broads Authority members
2.5 National Park Authority members
2.6 members of any statutory tribunal
2.7 members of boards of prison visitors (England and Wales) or prison

visiting committees (Scotland)
2.8 members of National Health Service Trusts or Regional Health

Authorities, Area Health Authorities, District Health Authorities, Family
Health Services Authorities (England and Wales) or Health Boards
(Scotland)
2.9 school or college governors
2.10 members of the Environmental Agency or the Scottish Environmental

2
Protection Agency .
Employees in 1. and 2. are all entitled to a reasonable amount of time off

during working hours to perform their duties.
3. employees under notice of redundancy are entitled to reasonable time off to

look for new employment or make arrangements for training for future
3
employment
4. pregnant employees have the right not to be unreasonably refused time off
4
during working hours for ante natal care appointments
5. occupational pension scheme trustees are entitled to reasonable time off to

5
perform their duties and do training relevant to those duties

6. employee representatives or election candidates to be employee

6
representatives for redundancies for TUPE legislation are entitled to
7
reasonable time off to perform their functions .
1 TULR (C) Act 92, s 168-170; 2 ER Act 96, s 50 & 51; 3 s 52; 4 s 55; 5 s 58;
6 TULR (C) Act 92, Part IV, Chap II; TUPE Regs, reg 10 & 11; 7 ER Act 96, s 61
34172 If claimants who fall within DMG 34171 were refused time off, or as much time off as
they wanted, they should have complained to an Employment Tribunal. If they took
an unreasonable amount of time off against their employer's wishes, and were
dismissed for unauthorized absence, their dismissal will usually be due to
misconduct.
Notification of absences
34173 Absence from work which was
1. unavoidable, for example because of illness or
2. justified by some reasonable excuse, such as domestic difficulties
is not in itself misconduct. But a claimant must have complied with the employer's
rules about notification of absences. If there were no such rules, claimants should
have taken all reasonable steps to notify the employer promptly (beforehand if
practicable) of the reason for the absence. They should also have kept employers
informed if the absences were long ones. Failure to do so is misconduct.
Example 1
Gary Newsome, a welder is absent from work for three weeks and for some odd
days because either he, or his wife (Mary), is ill. He says that his wife has written to
his employer once during the three weeks, but the employer says that he has not
received the letter. Gary has lost his employment through his misconduct. Even if
his statement is true, one letter during an absence of three weeks is not sufficient.
However, Gary and Mary's illnesses are taken into account when deciding the
1
length of the sanction .
Example 2
Lionel Townend, a painter does not return to work after a holiday because he is sick,
but he does not inform his employer. Lionel has lost his employment through his
misconduct. On a previous occasion he delayed giving a reason until after he
returned to work, and the employer had accepted his explanation. This is be taken
2
into account when deciding the length of the sanction .
1 R(U) 23/58; 2 R(U) 11/59
34174 If the claimants' failure to notify was beyond their control, for example they were
living alone and had no way of contacting the employer (for example a phone), they
have acted reasonably and their failure is not misconduct.
34175 - 34177

Offensive behaviour
34178 Insolence, quarrelling, scuffling or fighting and other forms of offensive behaviour
are misconduct. But they will not be misconduct if the claimants were suffering from
mental illness (for example nervous and depressive attacks) which meant that they
were not fully responsible for their actions. If there was substantial provocation this
should be taken into account when deciding the length of the sanction.
34179 The use of bad language may also be misconduct, depending on
1. the place and
2. the people present.
The use of bad language in conversation with others who are using it, and if it
cannot be overheard, is not misconduct. But its use in circumstances when it is
known, or might be expected, to give offence to others is misconduct. An apology
does not excuse such conduct, nor is it necessarily an admission of guilt. People
sometimes apologize even though they consider themselves unfairly accused.
Example 1
Peter Shipley, a clerk, often uses obscene language and makes indecent remarks
about women employees. His colleagues complain and he is sacked. Peter has lost
1
his employment through his misconduct .
Example 2
Jon Megson, a fitter in an aircraft company is sent to work on a Royal Canadian Air
Force base and is provided with quarters. He is drunk in these quarters in his own
time. The Royal Canadian Air Force complains to his employer and he is sacked.
2
Jon has lost his employment through his misconduct .
1 R(U) 12/56; 2 R(U) 14/57
34180 If claimants complained in reasonable terms about their conditions of employment,

this is not misconduct. But if, because of their discontent, they did their work badly,
(see DMG 34149 - 34152). If they refused to work, (see DMG 34128 - 34133). A
criminal charge made against a superior is misconduct if it was known to be false or
1
was made recklessly .
1 R(U) 24/55
Example
Christopher Jessop brings a charge against his supervisor for assault while on his
way to work, but the case is dismissed. There is no allegation of any other
misconduct against the claimant. He is dismissed in the interests of discipline.
Christopher has not lost his employment through misconduct because there is no
evidence that he knew the charge was false or made it recklessly.

34181 Sexual misbehaviour is not necessarily misconduct, but it may be where it affects
the claimant's suitability for the employment concerned (see also DMG 34111
1
34112) .
1 R(U) 1/71
34182 Intimidating fellow employees to stop them working is misconduct. A claimant may
not be entitled to JSA where the intimidation is connected with a stoppage of work
1
due to a TD . The guidance in DMG 34065 should be followed.
1 JS Act 95, s 14
34183 - 34184
Dishonesty
34185 Dishonesty in the course of employment is misconduct. Dishonesty outside

employment is also misconduct if it means that the claimant was not a fit person to
hold the employment.
quoted.
Example 1
Mariam Khalid, a painter steals an almost empty tin of paint from her employer. She
is convicted and dismissed. Mariam has lost her employment though her
misconduct. But the paint was only worth about 10p, and the claimant thought that it
was worthless and that there was no objection to her taking it. This is reflected in the
1
length of the sanction .
Example 2
Kevin Patrick, a warehouseman receives tobacco stolen from his employer. He is

2
convicted and dismissed. Kevin has lost his employment though his misconduct .
Example 3
Barbara Steel, a factory worker steals some cigarettes from a fellow worker at a club
3
dance and is sacked. Barbara has lost her employment through her misconduct .
Example 4
Rose Whitehead, an apprentice draughtsman is dismissed after she is convicted for

breaking into and stealing from premises which are not connected with her
4
employment. Rose has lost her employment through her misconduct .
1 CU 190/50(KL); 2 R(U) 27/52; 3 R(U) 10/53; 4 R(U) 20/59
34186 People who have been sacked from positions of trust or public prominence because
of personal financial difficulties have not lost their employment through misconduct
unless they have acted dishonestly or abused their positions.
34187 - 34192

Whether misconduct caused the loss of employment 34193 34197
Whether misconduct caused the loss of

employment
34193 For a sanction to be imposed it must be proved that the claimant lost employment
because of misconduct. The sanction can only apply if the employment lost is
employed earner's employment (see DMG 34063 and 34075).
34194 A sanction cannot be imposed if the acts or omissions took place before the
employment began. Claimants may sometimes have failed to disclose anticipated or
pending court proceedings when applying for employment. Normally any non
disclosure will have been before employment commenced. But DMs should look at
the facts of each case before deciding whether such failure was during the
employment. If claimants obtained their employment by misrepresenting their ages
or their qualifications and were dismissed when the true position came to light, they
have not lost their employment through their misconduct.
34195 The exact way in which the claimant lost employment is not important. The claimant
may
1. be summarily dismissed or
2. be dismissed with notice or

1
3. leave voluntarily or
2
4. resign as an alternative to probable or possible dismissal .
In any of these circumstances, claimants can be held to have "lost their

employment" through misconduct. If they resign, this is so even though their
employer might not have dismissed them for the misconduct.
1 R(U) 17/64; 2 R(U) 2/76
34196 It is also immaterial that the claimant was allowed to continue working for some time
after the act of misconduct (or the last such act) if there is an adequate explanation.
Examples of this are
1. the misconduct was being investigated
2. the result of criminal proceedings was awaited
3. the employer had not heard of the misconduct

1
4. the employer was awaiting a report .
1 R(U) 14/57
34197 If, however, there is no adequate explanation for the delay it may be reasonable to
infer that it was decided at the time not to discharge the claimant and that the
eventual loss of employment was really due to some other cause. If the employer
has issued a statement of the type referred to in DMG 34078 2., that will provide
strong evidence of the reason(s) for the dismissal.

Whether misconduct caused the loss of employment 34198 34219
34198 If claimants are suspended without pay they have lost their employment for the
1
purpose of this legislation . Often in such a case, however, it is necessary to defer a
decision for the outcome of an investigation or trial.
1 JS Act 95, s 19(6)(a) and 20A(2)(d)
34199 The claimant's misconduct need not be the only cause, or even the main cause, of
the loss of employment, provided it is an immediate and substantial reason for the
loss at that particular time. It is irrelevant that there are or may have been other
contributory factors.
quoted.
Example 1
Tim Yarrow loses his employment because of inefficient workmanship, "trouble

making" and absenteeism. The actual cause of his dismissal one afternoon is that
he is absent that morning and has been late on the two previous days. Tim has lost
1
his employment through misconduct .
Example 2
Brian Mills, a fitter is dismissed for “trouble-making” and for drunkenness on a

customer's premises. He is dismissed on receipt of a report about his drunkenness
2
from the customer. Brian has lost his employment through his misconduct .
Example 3
Rose Whitehead, an apprentice draughtsman is dismissed after she has been

convicted of a criminal offence unconnected with her employment. A further reason
for her dismissal is that she has failed to attend evening classes. The criminal
offence is misconduct and is the direct reason for her discharge. Rose has lost her
3
employment through misconduct .
Example 4
Paige Souter is dismissed because her employer's insurance company increase the
premiums they have to pay to insure their fleet of vehicles. The insurance company
do so because Paige has been involved in four accidents. The insurance companies
of the other vehicles involved in the accidents show that all the accidents were
Paige's fault, so the employer's insurer cannot recover any costs. Paige has not lost
her employment through misconduct. She was dismissed because she was too big
a liability to be kept on.
1 R(U) 1/57; 2 R(U) 14/57; 3 R(U) 20/59
34200 - 34219

Left voluntarily 34220 34222
Voluntarily left employment without just

cause
Left voluntarily
Introduction
34220 JSA is not payable if a claimant has voluntarily left employed earner's employment
1
without just cause . For general guidance on the length of a sanction, and when it
should begin, see DMG 34040 - 34058. Hardship payments may be made in certain
circumstances.
1 JS Act 95, s 19(1), 20A(1), 19(6)(b) and 20A(2)(e); JSA Regs, reg 75 (4)
34221 The purpose of the sanction is to protect the NI fund from claims arising from
1
circumstances that claimants have brought upon themselves .
1 R(U) 3/81
1
34222 A sanction can only be imposed if the claimant
1. is entitled to JSA and
2. was in employed earner's employment and
3. was not in a trial period (see DMG 34234 - 34239) and
4. left employment voluntarily (see DMG 34241 - 34272) and
5. did so without just cause (see DMG 34278 - 34386).

1 JS Act 95, s 19(1), 20A(1), 19(6)(b) and 20A(2)(e), 20(3) and 20B(3); JSA Regs, reg 75(4)

Relationship with trade dispute 34223 34225
Relationship with trade dispute

34223 In some cases the DM may have to consider whether
1
1. claimants are entitled to JSA because they are involved in a TD and
2. they left employment voluntarily without just cause.
The TD question should be decided first. Note that if the claimant is not entitled to
JSA, a sanction cannot be imposed for leaving voluntarily.
1 JS Act 95, s 14
34224 - 34225

Proof 34226 34233
Proof
34226 The DM determines whether employment was employed earner’s employment (see
DMG 26010). The DM has to show that the claimant left employment voluntarily.
The claimant then has to show just cause for leaving.
34227 Whether the claimant
1. left employment voluntarily and
2. had just cause for doing so

1
must be decided on the balance of probabilities . It is not enough for claimants to
make general statements, for example that they left for personal reasons. Claimants
must disclose the relevant facts in detail.
1 R(U) 17/54; R(U) 20/64
Evidence
34228 In leaving voluntarily cases the DM will usually have statements from
1. the employer
2. the claimant.
Sometimes there will also be evidence from third parties.
34229 Before imposing a sanction for leaving voluntarily, the DM should be satisfied that
claimants have been given an adequate chance to comment on all the statements
made against them.
34230 If the employer's statements are not complete, the DM can still arrange for claimants
to have a chance to comment. But if
1. it is clear that the employer will not or cannot provide any further information
and
2. the evidence is insufficient to establish that the claimant left voluntarily
claimants should not be approached again in the hope that they may provide further
evidence which would justify a sanction for leaving voluntarily. The DM should
decide not to impose a sanction.
34231 If fresh allegations are made at a FtT hearing in the claimant's absence, it would be
normal to ask for an adjournment to allow the claimant to attend or answer the
allegations in writing.
34232 - 34233

Trial period 34234 34235
Trial period
Introduction
1
34234 The trial period rule allows people who have not worked for some time to take
employment without the risk of being sanctioned for
1. leaving voluntarily or
2
2. neglecting to avail themselves of a reasonable opportunity of employment
if they leave that employment within a certain period. But if they leave as an
alternative to being dismissed, they may still be sanctioned for losing their
employment through misconduct (see DMG 34195).
1 JS Act 95, s 20(3) and 20B(3); 2 s 19(6)(b) and 20A(2)(e)&(d)
When claimants can benefit from the trial period rule
34235 Claimants can benefit from the trial period rule if
1. they have not
1.1 worked in employed earner's employment nor
1.2 been a S/E earner nor
1.3 been a F/T student or been in relevant education (see DMG Chapters
20 and 30)
1
during the 13 weeks before the day the employment in question started and
2. they do not leave the employment in question
2.1 before or at the end of the fourth week in each of which they have
worked for at least 16 hours nor
2.2 after the end of the twelfth week in each of which they have worked for
2
at least 16 hours .
The four and twelve weeks need not be consecutive. “Week” means any continuous
3
period of seven days . The meaning of work is explained at DMG 34237.
1 JSA Regs, reg 74(1); 2 reg 74(4); 3 reg 75(2)

34236 For the purpose of DMG 34235 1.
1. crewing or launching a lifeboat or
2. performing duty as a P/T member of a fire brigade or
3. attending a work camp (see DMG 21368) for up to 14 days
does not count as employed earner's employment, self employment or relevant

1
education . And a claimant doing any study or training as part of 1. to 3. is not to be
regarded as a F/T student just because of those activities.
1 JSA Regs, reg 4, 74(2) & (3)
Meaning of work
34237 Work is not the same as employment. Work
1. includes periods when claimants are not actually working, but required under
their contracts of employment to be in certain places ready to respond to the
needs of the job (for example, firefighters on duty at a fire station, doctors on
call at a hospital)
2. does not include periods
2.1 when claimants are not at work because of sickness, holiday etc., even
if they are still paid
2.2 spent in preparatory work that claimants do not have to do under their
1
contracts of employment
2.3 when retained firefighters have to remain within a certain distance of

2
the fire station, ready to respond to a fire .
1 R(U) 3/82; 2 Suffolk County Council v S of S for
the Environment & Alcock [1985] IRLR 24, [1984] ICR 882 HL
34238 The following examples show how to work out whether the trial period rule applies.
Example 1
Mary Bothy's previous job ends on 9 September.
On 9 December she starts F/T work as an employed earner.
She leaves that job after eight weeks.
The 13 weeks before 9 December are 9 September - 8 December.
The trial period rule cannot help Mary because she worked on 9 September (see
DMG 34235 1.1).

Example 2
Michael Nesbitt, who has not worked for over a year, starts work on 9 September.
He works for 37 hours in that week. He has a week's paid holiday from 16
September to 22 September. He is off work sick from 23 September to 13 October.
He works for 37 hours in weeks commencing 14 October and 21 October and for
seven hours on 28 October.
He then leaves the job.
The trial period rule cannot help Michael because he worked for at least 16 hours in
only three weeks since starting the job (see DMG 34235 2.1).
Example 3
Gupta Singh, who has not worked for over a year, starts work on Monday 9th
September.
He works seven hours a day from Monday to Friday until Tuesday 3 December,
when he leaves the job.
The trial period rule cannot help Gupta. Although he has worked for 16 hours in only
twelve weeks, he has left after the end of the twelfth week in which he worked 16
hours (see DMG 34235 2.2).
Example 4
Diane Troy, who has not worked for over a year starts work on Monday 9
September.
She works five hours a day Monday to Sunday until she leaves the job on Sunday 6
October.
The trial period rule cannot help Diane. Although she has worked for 16 hours in
four weeks, she has left the job at the end of the fourth week (see DMG 34235 2.1).
The trial period rule would have helped her if she had left on Monday 7 October.
The effect of a trial period
34239 If claimants can benefit from the trial period rule, they cannot be sanctioned for
leaving the employment voluntarily or neglecting to avail themselves of employment.
The question of just cause for leaving voluntarily, and good cause for neglecting to
1
avail need not be considered.
1 JS Act 95, s 19(6)(b), 19(6)(d), 20A(2)(e) and 20A(2)(g)
34240

Whether the claimant left voluntarily 34241 34246
Whether the claimant left voluntarily
Meaning of voluntarily
34241 Claimants have voluntarily left their employment if they brought it to an end
1. by their own acts and
2. of their own free will.
34242 Claimants have not voluntarily left their employment if
1. they had no choice in the matter (see DMG 34251 - 34253) or
2. there is convincing evidence (preferably medical) that they were not

responsible for their actions.
34243
Claimants who have no employment
34244 Claimants cannot leave employment at a time when they do not have any.
Claimants whose jobs were abolished have not left their employment voluntarily
even if they were offered or could apply for alternative jobs. But the DM may need to
consider whether they have refused employment or neglected to avail themselves of
employment.
Women on maternity leave
34245 A woman may decide not to return to work for up to 29 weeks after the beginning of
the week in which she has a child depending on her length of service. She has not
left her employment unless the contract of employment continued up to the date on
which she decided not to return. But the DM may need to consider neglect to avail.
For guidance on deciding when the contract of employment ends see DMG Chapter
26.
Mariners
34246 Mariners whose employment comes to an end with the normal termination of articles
do not voluntarily leave employment if they then decide not to renew their contracts.

Police
34247 Police officers qualify for maximum service pensions after 30 years. But this does
not mean that their contracts of employment will end. They will have left their
employment voluntarily if their contracts of employment have not ended and they
1
leave after 30 years .
1 R(U) 4/70
34248 - 34250
Resignation and dismissal
34251 When claimants' employments ended because they had given notice, they have left
voluntarily even if they
1
1. were dismissed at once instead of being allowed to work out their notice or
2
2. tried unsuccessfully to withdraw or cancel their notice .
1 CU 155/50(KL); R(U) 2/54; R(U) 1/96; 2 R(U) 27/59
34252 While working out their notice, people may be dismissed in circumstances which
have no connection with those in which they gave notice. They have not left their
employment voluntarily. But the DM may need to consider whether they have lost
their employment through misconduct.
Relationship to misconduct
34253 Claimants have not voluntarily left their employment if they resigned
1. because they genuinely believed that their employer was about to end their
employment at once or
2. when they were given the choice of resignation or dismissal.
In these cases the DM may need to consider whether they have lost their
employment through misconduct.
34254 Sometimes claimants have left their employment before the date on which the
employer would have dismissed them. Such claimants have voluntarily left their
employment, and can be sanctioned. But the period of the sanction cannot be
longer than the number of days (subject to a one week minimum) between the date
they left and the date on which they would have been dismissed. So, in cases
where
1. claimants left because they expected to be dismissed and
2. the dismissal would have been because of the claimants' misconduct

it may be preferable to sanction the claimant on the grounds of misconduct if this

has been referred to the DM for a decision.
Example
Melanie Jackson is suspended from work on full pay whilst police investigate an
alleged theft by her from her employer. The employer tells her that she will stay
suspended until any court case against her has been heard. If she is found guilty
she will be sacked at once. The claimant, knowing that she is guilty of theft, resigns
before she can be dismissed. Three weeks after she resigns she goes to court and
pleads guilty to the charge of theft. If both misconduct and leaving voluntarily have
been referred to the DM for a decision, the DM can decide both
1. that Melanie left her employment voluntarily without just cause, because she
left earlier than she needed to and
2. that Melanie lost her employment through misconduct.
In 1. the period of sanction would be limited to three weeks. But in 2. if the

misconduct suggests a longer sanction, the DM should impose a sanction on the
ground that Melanie lost her employment through misconduct.
34255 If claimants and their employers agreed to end or suspend the claimants'
employment because of offences committed before their employment began, they
1
have not voluntarily left employment .
1 R(U) 26/56; R(U) 1/58
Notice cancelled or suspended
34256 Employers may have given claimants notice to end their employment. They may
then have cancelled or suspended this notice, so that the claimants could have
continued in the same employment. If claimants did not do so, they have voluntarily
left their employment. But if an offer of further employment was made after the
claimants' employment had ended, they have not voluntarily left their employment.
The DM may need to consider neglect to avail.
34257 - 34258
Changing the terms and conditions of employment
34259 If employers tried to impose a change in the terms and conditions of employment
1. without agreement and
2. which makes them a lot less favourable than before

1
they may have ended the employment by breaking the contract of employment . If
claimants left their employment in such circumstances, they will not have left
voluntarily. Employees who are dismissed for refusing to accept such changes have
2
not left voluntarily .
1 R(U) 25/52; 2 R(U) 7/74; R(U) 2/77

The national minimum wage
34260 Claimants may suffer detriment caused by their employer because
1. the employees (or someone on their behalf) were going to take action to
1
enforce or benefit from a right under the national minimum wage legislation
or
2. the employer was prosecuted for an offence under the national minimum
2
wage legislation or
3. the employees qualify or may qualify for the national minimum wage or a
3
particular rate of the national minimum wage .
1 NMW Act 98; 2 s 31; 3 s 23
34261 If claimants have suffered such detriment they may either
1. not have left employment voluntarily because they have been constructively
dismissed or
2. have just cause for leaving voluntarily.
Note: The DM should make sure that the detriment was because of the reasons
given in DMG 34260 1., 2. or 3..
Absence from work
34262 Claimants who had been absent from work can often be sanctioned for misconduct.
But sometimes they may have voluntarily left their employment.
34263 If when they first claim JSA claimants have
1. been absent from work or
2. failed to return to work after a period of suspension
it may be reasonable to decide that the employment has come to an end by the date
they claim, even though neither the claimant nor the employer have given notice. A
sanction for leaving voluntarily should be considered.
34264 Where the employer has dismissed the claimant because of absence, and there is
no evidence that the claimant had already left the employment by that time, a
sanction for misconduct should be considered.
Claimants who volunteer for redundancy

1
34265 The DM should treat the claimant as not having left employment voluntarily where
1. the claimant
1.1 volunteered or agreed to be made redundant and

1.2 either
1.2.a was dismissed by the employer or
1.2.b was not dismissed but left on a date agreed with the employer
following an agreement on voluntary redundancy or
2. the claimant had been laid off or on short-time for four weeks or six weeks out
2
of 13 and asked the employer for a redundancy payment .
1 JS Act 95, s 19(7) and 20A(9); JSA Regs, reg 71(1); 2 ER Act 96, s 135(1) & 148 - 152
34266
Meaning of redundant
34267 The claimant could only volunteer or agree to be made redundant if there was a
1
redundancy situation as defined in employment legislation . The DM can accept that
there was a redundancy situation if the claimant had received a statutory
2
redundancy payment .
1 JSA Regs, reg 71(2); ER Act 96, s 139(1)(a) & (b); 2 s 135(1)
34268 There was a redundancy situation as defined in employment legislation if the main
or only reason for the dismissal was
1. the employer stopped or intended to stop running the business
1.1 in which the employee was employed or
1.2 in the place where the employee was employed or
2. the business needed or expected to need fewer employees
2.1 to carry out a specific type of work or
2.2 to carry out a specific type of work in the place where the employee
was employed or
3. the business did not need or expected not to need any employees
3.1 to carry out a specific type of work or
3.2 to carry out a specific type of work in the place where the employee
1
was employed .
1 s 139(1)
34269 The business of the employer and any associated employers should be treated as
1
one business to satisfy any of the conditions in DMG 34268 . The conditions in
DMG 34268 will be satisfied if they happened either permanently or temporarily, and
2
no matter what caused them . The DM should apply the principles outlined in DMG
070853 et seq when deciding if something is temporary.
1 s 139(2); 2 s 139(6)

British Telecom Newstart scheme
34270 The British Telecom Newstart Scheme is a flexible leaving scheme and can cover a
number of different situations. If there is no evidence that the claimant has received
a statutory redundancy payment under Newstart then SDMs will need to find out
from the claimant why a Newstart package was offered. If after contacting the
claimant it is still not clear then SDMs should contact British Telecom.
34271 If the claimant volunteered to leave British Telecom because of the circumstances
listed in DMG 34267 - 34268 then this will be a voluntary redundancy and leaving
voluntarily action will not be appropriate. If DMG 34267 - 34268 do not apply then
SDMs should take leaving voluntarily action unless the claimant has “just cause”.
Meaning of laid off and short-time
34272 Laid off means that a person employed under a contract of employment does not
have any work provided for them and as a result does not receive any pay for a
1
week . Short-time means that a person receives less than half the pay they usually
2
get for any week because there has been a reduction in the work they normally do .
1 ER Act 96, s 147(1); 2 s 147(2)
Claimants who leave employment early
34273 Claimants have left voluntarily if they satisfied the condition in DMG 34265 but they
left
1. earlier than the date they
1.1 were to be dismissed by the employer or
1.2 agreed with the employer they would leave and
2. without the employer's agreement.
34274 If the claimant does not have just cause, a sanction should be imposed up to the
period the claimant could have worked. The maximum period is 26 weeks and the
minimum period is one week.
34275 - 34277

Just cause 34278 34282
Just cause
General
34278 There are no hard and fast rules as to when claimants have shown just cause for
leaving employment, because the circumstances in which they leave employment
are so varied. The DM should consider as a whole all the circumstances in which
1
the claimant left employment .
1 R(U) 20/64(T)
34279 Claimants cannot show just cause just because they acted reasonably in their own
1
interests . The DM does not have to look at whether or not the claimant's leaving
2
was in the public interest . It is the interests of the other contributors to the NI fund
3
which must be taken into account . The DM should decide whether the claimant has
4
just cause for throwing onto the NI fund the payment of benefit .
1 R(U)20/64(T); 2 R(U)3/81 Appendix; 3 R(U)20/64(T); 4 R(U)3/81 Appendix
34280 The following do not help a claimant to show just cause
1. little or no claim for JSA or UB or IS has been made in the past
2. the claimant's employment record.
34281 But the claimant's employment record may
1. indicate whether the claimant is likely to have acted responsibly or

1
irresponsibly in leaving employment and
2. help the DM to decide the claimant's chances of getting other employment.

1 R(U)20/64(T)
34282 Some feature of the claimant's
1. employment or
2. personal or domestic life
may have justified leaving employment without considering the question of other
employment. But the circumstances must be urgent. Otherwise the DM may decide
that the claimant could have done something other than leave employment when
1
the claimant did .
1 R(U)20/64(T)

34283 Claimants may have just cause
1. if
1.1 the circumstances in which they left employment almost amount to just
cause and
1.2 they had a promise or a chance of other continuous employment which

was expected to last for some time or
1
2. if they had a promise of new settled F/T employment to start at once .
DMG 34283 2. will probably only apply in exceptional circumstances, and will be
more likely to amount to just cause if the employments claimants left were not
continuous or certain to last for some time.
1 R(U) 20/64(T)
34284 When deciding just cause the DM should disregard any matter relating to the level
1
of pay in the employment except where the claimant voluntarily left their
employment because
1. the national minimum wage applies to them and
2. they tried to get their employer to pay them the national minimum wage that
applies to them and
3. the employer is not paying at least the national minimum wage that applies to
them.
Note: If claimants leave wholly for other reasons, for example the work was too far
from home, then the fact that the national minimum wage was not being paid will not
give the claimant just cause.
1 JS Act 95, s 19(9)
Caring responsibilities for a child
34285 When determining just cause for leaving employment for both JSA claimants and
joint-claim JSA claimants the DM shall take into account
1. any caring responsibilities for a child which made it unreasonable for the
claimant to remain in their employment
2. any child care expenses necessarily incurred by the claimant as a result of

their being in employment if those expenses represented an unreasonably
1
high proportion of the pay received from that employment .
1 JSA Regs, reg 73A(2)
34286 When considering whether the caring responsibilities made it unreasonable for the
claimant to remain in employment the DM shall have regard to whether
1. child care would not be or was not reasonably available or

2. if it was available or would have been available it was, or would have been
1
unsuitable due to the claimant’s needs or the needs of the child .
1 JSA Regs, reg 73A(3)
34287 There are no rules for deciding whether child care expenses would be an
unreasonably high proportion of the pay received from that employment. Each case
must be decided on its own facts. But the greater the pay the more reasonable it is
1
for the expenses to be a higher proportion of it .
1 reg 73A(4)
34288

Terms and conditions of employment 34289 34295
Terms and conditions of employment

34289 Claimants cannot show just cause for leaving employment because
1. they found it distasteful or
2. it was below their expectations.
34290 But claimants may have just cause if
1. they genuinely did not know, or were mistaken, about the nature or conditions
of the employment (other than pay) when they accepted it and left after a fair
trial or
2. they tried a different kind of employment because there was no work in their
own line and the new work did not suit them.
Example
Paul Stewart leaves his employment as a trainee office manager after six weeks of
a probationary period of three months. He thinks it is unfair to continue training
when he believes that the work is too difficult for him. Paul has acted responsibly
1
and has just cause for leaving .
1 R(U) 3/73
34291 Claimants will not have just cause for leaving if they
1. knew about the conditions that caused them to leave when they took the
employment and
2. they took the employment in spite of those conditions.
The claimant is expected to give the job a fair trial to try to resolve the difficulties.
34292 A claimant may leave their employment because they were required to work more
than 48 hours a week, in contravention of the EU Working Hours Directive. If they
have taken no action to resolve their complaint with the employer, they cannot show
just cause.
39293 - 34294
34295 The terms and conditions of employment (other than the level of pay) must make
the employment so unsuitable that the claimant could not reasonably have been
expected to stay in the job any longer. If this is the case, the claimant has just cause
even if there were no prospects of other employment. But a claimant should have
taken any steps possible through the proper channels to sort out the situation rather
1
than leave immediately . Otherwise the claimant does not have just cause for
leaving.
1 R(U) 20/64(T)

34296 A claimant may have just cause for leaving if
1. the employer did not comply with some part of the contract of employment
and
2. the claimant left shortly after the employment starts.
In such a case the DM should consider the terms of the contract of employment,
both express and implied. The DM should always obtain a copy of the contract
where there is a dispute about its terms.
34297 Claimants may have just cause for leaving if they suffered detriment under the
national minimum wage legislation. See DMG 34260 et seq.
Employer changes terms or conditions of employment
34298 If claimants left employment because they refused to accept a change to their terms
and conditions, they may not have voluntarily left employment (see DMG 34259). If
they have left voluntarily, the fact that new conditions were imposed may give them
just cause for leaving. But if the only reason claimants left was that the change
1
would have reduced their level of pay, they do not have just cause .
1 JS Act 95, s 19(9) and 20A(9)
Example 1
Kevin Riley, a piece worker, refuses to accept a change to the way his pay is
calculated, that is paid for the amount of time he works rather than for each article
completed, which his employer wants to impose at once. The change would mean a
substantial drop in his wages. The drop in his wage is disregarded when the DM
1
decides just cause , but Kevin has just cause for leaving, as he had no proper
2
chance to consider the situation .
1 s 19(9) and 20A(9); 2 R(U) 15/53
Example 2
Teresa Moore is given one months notice by her employer that her pay will be cut
because of a change in the way her pay is calculated. The change will mean a
substantial drop in her pay. Teresa leaves at the end of the month because she
thinks it unfair that her pay is to be cut, and she says she will find it hard to pay all
1
her bills on a lower wage. The claimant does not have just cause .
1 s 19(9) and 20A(9)
34299 But a claimant will not have just cause for leaving
1. if it was not possible to say for definite what the effect of the changes in terms
or conditions would mean and
2. the claimant left before giving the changes an adequate trial.

34300 A claimant will not have just cause for leaving
1. if the change to the terms and conditions
1.1 was generally agreed and affected many or all of the employees or
1.2 was meant to bring the employees in the particular firm or department
into line with employees elsewhere or
2. if
2.1 the claimant stayed in the employment for longer than could be
regarded as a trial period and
2.2 the DM decides that by doing so the claimant had accepted the change
to the terms and conditions of employment.
Police officers
34301 Police officers take employment knowing that its terms will become less favourable
after 30 years. If, at that time, they choose to retire early they have left voluntarily
and do not have just cause for leaving just because the terms become less
1
favourable .
1 R(U) 4/70
34302
Grievances
34303 A claimant has just cause for leaving employment if the claimant
1. had a genuine and substantial grievance about the employment (other than
the level of pay) and
2. had tried in a proper and reasonable way to get it settled, but failed.
34304 An employer has to give employees a written statement within two months of them
starting work. The statement should include details of the person to whom
employees should apply to sort out any grievances. The statement should also tell
1
them how to apply . So every employee who has been in employment for at least
two months should be aware of a procedure by which they can try to sort out any
grievance.
1 ER Act 96, s 1 & 3
34305 If a claimant could not sort out a grievance with the employer, the claimant might
have been expected to remain in the employment for a time. If this is so, the
claimant will not show just cause for leaving unless the claimant had tried hard to
find other employment.

The facts in the following examples are not exactly the same as the case law
quoted.
Example 1
David Cartwright, the foreman in charge of a building site, complains that his office
is unsuitable, but does not use the workers or materials available to make it suitable.
He also complains that his employer is hostile to trade unions and their members
and is going to give work to non-union firms. But he does not consult his union.
1
David does not have just cause for leaving his employment .
1 CU 155/50(KL)
Example 2
Suzy Westen, an actress, and her colleagues, without consulting their union, tell
their employer they will leave unless he meets certain demands. The employer
treats the ultimatum as notice of termination of their contracts of employment. They
do not have just cause for leaving. They should have referred the matter to their
1
union .
1 R(U) 33/51
Example 3
Carole Ross, a sales representative, resigns because she does not agree with her
employer's sales policy, and she is not happy with her working conditions or her
colleagues. She has not found other employment. Carole does not have just cause
1
for leaving .
1 R(U) 17/54
Work outside of agreed duties
34306 A common grievance is where the claimant was ordered to do work which was not
covered by the contract of employment. This may amount to just cause, particularly
if the employer gave an ultimatum of either doing the work or leaving.
quoted.
Example 1
Gaik Choon Tan, a waitress agrees to work behind a self service counter at a
holiday camp until she is needed as a waitress. She leaves when she is made to
peel potatoes. She finds work as a waitress at another holiday camp a fortnight
1
later. Gaik Choon has just cause for leaving voluntarily .
1 R(U) 40/53

Example 2
Hector Ramirez, an apprentice electrician is ordered to repair a leak in a water pipe.

He had done this type of work before, but his employer has already admitted that it
is outside his contractual duties. He refuses to do the work, but the employer tells
1
him to do it or leave. Hector leaves. Hector has just cause for leaving .
1 R(U) 18/57
34307 In some unskilled and semi skilled jobs the duties of employees are not clearly
defined. Such employees have to do whatever is reasonable taking into account
1. any board categories of work specified in the contract of employment and
2. the job title and
3. the normal duties of similar employees.
So they will find it more difficult to show just cause.
34308 - 34309
Trade dispute
34310 If a claimant had taken employment without knowing that it is vacant because of a
TD stoppage (see DMG 34403 - 34404), and left on discovering that fact, the
claimant has just cause for leaving.
Conditions which conflict with trade union policy
34311 A claimant will not have just cause for leaving employment because the trade union
objected to
1. the demarcation of duties at the place of employment or
2. the claimant working with non union members
even if the trade union advised or told the claimant to leave.
Example 1
Marc Sowerby, an apprentice printer is told by his union to leave his employment
after his employer's name is removed from a list of fair employers because the
employer is accused of breaking various rules and regulations. Marc does not have
1
just cause merely because his union told him to leave .
1 CU 248/49 (KL)

Example 2
Carlos Domingo, a carpenter works for a firm who do not recognize his union and do
not follow the union rules of demarcation of duties. He leaves his employment
because, whilst he is sick, a labourer is allowed to finish the job he was working on.
1
Carlos does not have just cause for leaving .
1 R(U) 18/52
34312 A trade union objection will sometimes lead to a stoppage of work. If this happens,
1
the DM may have to consider whether the claimant is involved in a TD (see DMG
34223).
1 JS Act 95, s 14
34313 If the dispute or disagreement between the trade union and the employer was about
the claimant alone, just cause depends on what the claimant's grievance was, and
what efforts were made to sort it out.
Trade union membership and health and safety

1
34314 Trade union and employment legislation states an employee's rights in connection
with trade union membership and activities and health and safety (see DMG 34120
34126). In view of these provisions it is unlikely that claimants will be able to show
that they were forced by their employer or trade union into leaving employment
because they had joined or refused to join a union, unless a closed shop agreement
is in operation. But if claimants exercised their rights under the legislation against
the employer's wishes, the employer may have behaved in a way that gives the
claimant just cause for leaving employment.
Example
Derek White is a recently elected trade union official at the company where he
works. His union arranges for him to attend a training course in industrial relations in
a months time, which his employer agrees he can attend. On the Friday before the
course is due to start his employer asks Derek to cancel the course as they want
him to come in to work because they are busy. He refuses and attends the course
and the employer deducts a weeks pay from his wages and moves him to a job with
a lower rate of pay. The union try all means available to get the employer to pay his
wages and move him to his old job but the employer refuses. Derek leaves his job.
He has just cause for leaving. Trade union officials have a right to reasonable time
2
off work to attend union approved training in industrial relations .
1 TULR (C) Act 92; TURER Act 93; 2 TULR (C) Act 92, s 168

34315 Claimants have not left employment voluntarily if

1
1. they were dismissed or
2. they left as an alternative to dismissal because a closed shop agreement

came into force and they refused to join a trade union.
1 R(U) 2/77
34316
Other terms and conditions which affect a claimant's

personal freedom and beliefs
34317 Claimants will have just cause for leaving if the employer ordered them to do
something that conflicted with their sincerely held religious or conscientious
principles. The DM should use the guidance in DMG 34480 - 34482.
34318 DMG 34317 may also apply where claimants left employment because they
1. objected to medical examinations or injections or
2. were genuinely afraid that the examinations or injections would cause them
harm.
34319 But if
1. the requirement to have a medical examination or injection was reasonable

and
2. the claimant's reasons for refusing were only dislike or some irrational excuse
1
then the claimant does not have just cause .
1 R(U) 16/52
34320 - 34322
Short time and overtime working
34323 A claimant does not have just cause for leaving just because
1. overtime stopped or reduced and the earnings were less or
2. short time working was introduced, and the claimant could not earn full wages
(but see DMG 34265).
A claimant may have just cause because of short time working if there was a firm
offer of better paid employment elsewhere.

34324 But if claimants' earnings were substantially reduced and they had a lot of expenses
because of living and working away from home, they may have just cause if
1. redundancies were clearly likely and the claimants thought they would find
employment very soon or
1
2. they were working P/T, and left to take up F/T employment .
1 R(U) 4/73
34325 If claimants left employment because they disliked working overtime, whether they
have just cause depends on
1. the reason they were unwilling to work overtime and
2. the amount of the overtime working and how long it was due to last for and
3. what they were obliged to do under their contracts of employment.
34326 If claimants left employment only because they wanted to work overtime, or more
overtime, see DMG 34333 - 34334. If claimants lost employment because they
refused to work overtime, the question of whether they have lost employment
through misconduct should be considered if appropriate.
34327 - 34328
Retirement and resignation
34329 Claimants who reached normal retirement age for their employment, but did not
have to retire, will not have just cause for leaving if they retired because
1. they wanted to or
2. they wanted to get their pension.
It will not help such claimants to say that they would have continued working on
certain conditions (for example that they could get their lump sum pension) if this
was not acceptable to the employer.
34330 The DM is not deciding whether it was reasonable and proper for claimants to retire
on pension. The DM is deciding whether, if claimants chose to retire, it is
1
reasonable that they should be allowed to benefit from the NI fund . If claimants left
to get lump sum payments because they were in financial difficulties, see DMG
34353. If staying in employment would have meant that they had different conditions
of employment, see DMG 34259 and 34298 - 34300.
1 R(U) 26/51
34331 Where the claimant gives other reasons for leaving employment on reaching
retirement age, they should be considered in the normal way.

quoted.
Example 1
Elizabeth Gascoigne, a police officer, aged 52, retires on maximum pension after 30
years' service. She leaves because she does not want to stand in the way of
younger officers' promotion prospects, and because she believes she has a better
chance of getting another job than she would if she waited three years until
compulsory police retirement age. She does not register for employment or make
any other efforts to find any other work before leaving. Elizabeth does not have just
1
cause for leaving .
1 R(U) 23/59
Example 2
Joe Morrison, a police officer, aged 51, retires on maximum pension after 30 years
service. If he had stayed at work, his terms of employment would have been
financially less attractive. He leaves because he wants to obtain a lump sum
payment of pension with which to buy a house for himself and his wife, and to make
his wife more financially secure. He had tried very hard to find other work before
leaving, but had not been successful. Joe does not have just cause for leaving, but
the fact that he had a difficult decision to make, and had made efforts to find other
1
employment are taken into account when deciding the period of sanction .
1 R(U) 4/70
Early retirement
34332 Sometimes an employer runs an early retirement scheme to speed up normal

wastage. A claimant who left on such a scheme will not have just cause just
because the employer wanted, and indeed may have encouraged, the claimant to
retire early.
Example
George Chivers, a school teacher, aged 62, applies for early retirement after
reading a circular from his LEA on early retirement. The LEA accepts his application
and certifies that his leaving allows them to carry out their services more efficiently.
He has no pressing personal or domestic circumstances for leaving, and has no
1
reasonable chance of finding other work. George has no just cause for leaving .
1 R(U) 3/81 Appendix

Leaving to take better paid or preferred employment
34333 A claimant may have left employment, not because there was a fault with it, but
because the claimant wanted a different type of work. In such a case the claimant
will only have just cause if there was a firm offer of new employment which the
claimant could reasonably have expected would start immediately and would last for
a long time.
34334 Claimants may have left employment because they wanted employment that offered
1. improved prospects or
2. the chance to improve their career or
3. F/T instead of P/T work.
In such cases claimants will have just cause if they had offers or strong expectations
of such employment which would start very soon. Sometimes there may have been
a risk of occasional unemployment in the new employment (for example because it
depended on the weather). If claimants claimed JSA within 26 weeks of leaving their
original employment in these circumstances they should not normally be sanctioned.
Leaving to take up training
34335 If claimants left employment just before they started a course of study or training
that would advance their careers, they have just cause. But if the questions have
been referred to the DM for a decision, the DM should consider availability, and
whether they are F/T students, during the period of the course. If claimants left
employment to take a government sponsored training course the DM should decide
that they had just cause for leaving employment, unless there is strong evidence to
the contrary.
34336 - 34338

Personal and domestic circumstances 34339 34342
Personal and domestic circumstances

34339 A claimant's personal or domestic circumstances may have become so urgent that
the claimant will have just cause for leaving employment without having looked for
other employment. But if there was no urgency, the claimant should have taken all
1
reasonable steps to avoid leaving, or the claimant will not have just cause . In some
cases the claimant's reasons for leaving may show that the claimant is not available
for employment.
1 R(U) 20/64(T)
quoted.
Example 1
Megan Twiddy, a school teacher leaves her employment to look after her youngest
child, as there is no one else available to do so. Megan has just cause for leaving
employment, but availability will have to be considered if this has been referred to
1
the DM for a decision .
1 R(U) 6/59
Example 2
Patrick Turner, a painter who lives and works in England leaves employment to go
to Scotland because his father is dying. Before he leaves he asks his employer
about employment when he returns. But when he comes back, there is no vacancy
1
because of a redundancy. Patrick has just cause for leaving employment . Asking
his employer about employment when he returned amounted to asking for a leave of
absence.
1 R(U) 32/59
34340 - 34341
Moving home
34342 If claimants moved home to a place beyond daily travelling distance of their
1
employment, that alone does not give them just cause for leaving . But the DM will
need to find out the reasons for the move. If there was some urgent personal reason
for moving, for example
1. the claimant or partner was ill or
2. their current accommodation was totally inadequate or
3. they lost their accommodation
they will have just cause for leaving.

1 R(U) 20/64(T)

Example
Matthew Rushpool lives in two attic rooms with his wife and year old baby. He gets
a house, but it is too far away from the place he works to allow him to travel daily.
He has not found work in the town he is moving to. Matthew leaves his job and
1
moves to the new house. He has just cause for leaving .
1 R(U) 31/59
34343 If the reasons for moving are not quite enough to establish just cause, the DM
should consider how likely the claimant was to get other employment quickly, and
what steps had been taken to obtain other employment. But the DM should bear in
mind that it would be difficult to organize buying or renting accommodation to start
on exactly the same date as a new job.
Example
Andy Legg, a police sergeant buys his own house. Nearly a year later he is
transferred to a different place of work, which he finds it difficult to travel to and
from. He makes enquiries of other employers, but retires voluntarily from the police
force after 25 years service before having found other employment. He finds other
work two weeks later. Andy does not have just cause for leaving, but the facts of the
1
case are taken into account in deciding the period of the sanction .
1 R(U) 20/64(T)
34344 In all cases where claimants say they left employment because of moving home, the
DM will need the following information
1. the reason for the move
2. the date of the move
3. the date on which the claimants gave notice to end the employment
4. the date on which the claimants first knew they would be moving and, if the
new home is being bought, the date on which contracts were exchanged
5. what efforts the claimants made to find employment in the new area between
the dates in 4. and 2.
34345 Sometimes, although the reasons for the move would seem to amount to just cause,
the claimant may fail to show just cause overall because, for example the claimant
1. did not make any attempt to find new employment in the new area before
moving, despite having ample notice of the move or
2. left employment before it was necessary to do so.
34346 The DM should take into account
1. the distance and the practicality of going to interviews in the new area
2. the difficulty of arranging everything for a particular date

3. the possibility of daily travelling, at least for a temporary period (see DMG
070853 et seq), if the distance is not too great
4. the employment prospects in the new area.
There is no general rule in this type of case, and while one fact alone may not give
just cause, all the facts together may do so. The claimant's availability for
employment may be in doubt for the days surrounding the move.
34347 Claimants often leave employment to
1. marry, form a civil partnership or join someone who lives in an area beyond
daily travelling distance or
2. go with a partner who takes employment in another area or
3. move to another area where there is more suitable accommodation.
To show just cause such claimants must show that they had done everything
reasonably possible to find employment in the new area which they could start
immediately after moving.
Partner going abroad
34348 Claimants may have left their job to go with a partner whose employment takes
them abroad. In these circumstances it may not be reasonable for claimants to take
steps to find work abroad before leaving the UK (see DMG 070880). If they left
employment no earlier than was reasonably necessary in order to arrange the
move, then they will have just cause. But in such cases availability for employment
will often be in doubt. Claimants cannot show just cause if they left employment
earlier than they needed to.
Example
Faziz leaves employment ten days before leaving the UK to go with her husband, a
Royal Air Force officer, to a posting in Holland. She leaves when she does to make
1
the arrangements for going abroad. Faziz has just cause for leaving .
1 R(U) 2/90
Moving with parents
34349 Sometimes claimants give up employment to accompany their parents when they
move home to another area. If claimants are under 18, and their parents objected to
them living and working away from home, they will have just cause for leaving their
employment. Claimants 18 or over may also have just cause if they, or their parents,
can show that there was a strong reason why they should have continued to live
with their parents. Some examples of reasons which would amount to just cause are
where claimants

1. have to be with their parents because of the parents' age and health or
2. need their parent's help or guidance or
3. would have a lot of difficulty and expense (compared with their earnings) if
they lived somewhere else until they found other employment in the new
area.
34350 A less strong reason for moving with parents will not amount to just cause.
Example
Glenys, a typist aged 21, lives with her parents. They move home. She leaves her
employment to move with them because they object to her living on her own. She
does not make any efforts to find lodgings so that she can stay in employment whilst
she looks for work in the new area. Glenys does not have just cause for leaving
1
employment .
1 R(U) 6/53
34351
Financial difficulties
34352 The fact that
1. the claimant's earnings were reduced because of
1.1 an alteration in the terms and conditions of employment or
1.2 short time working or

1
2. the claimant would be better off financially if claiming JSA
does not by itself give the claimant just cause for leaving.
1 JS Act 95, s 19(9) & 20A(9); R(U) 10/61(T); R(U) 15/62
34353 Sometimes claimants were not dissatisfied with their earnings. But they left to get
extra money, for example a lump sum or holiday pay which would be paid when the
employment ended, to meet some financial difficulties. They will have just cause
only if they were unexpectedly faced with urgent financial difficulties which could not
be resolved in any other way. They will not have just cause if
1. they left only to
1.1 gain a financial advantage or

1
1.2 avoid a financial disadvantage or
2. they have had financial difficulties for a long time and they are due mainly to
their failure to manage their finances.
1 R(U) 14/55; R(U) 4/70
34354 - 34355

Claimant's health
34356 If a claimant's employment was
1. beyond their physical or mental capacity or
2. so harmful to their health that it was unreasonable to expect them to stay

there until they had other jobs they have just cause for leaving it.
34357 The best evidence is confirmation from the claimant's doctor that
1. the work was harmful to the claimant's health or
2. the doctor advised the claimant to leave.
The DM should check any medical evidence to make sure that it is relevant to the
claimant's capacity to do the job in question.
34358 If medical evidence is not available, the facts may still allow the DM to decide that
the claimant had just cause for leaving. The DM can accept that there is just cause,
without requesting medical evidence, where
1. the work itself or
2. the place the claimant works in
made the medical condition worse.
34359 Where just cause is not shown, but it is clear that claimants genuinely believed that
1. the work or the place of work was making their health worse or
2. they could not do the job properly because of their health
the DM may take this into account when deciding the period of the sanction.
Example
Bob, a book-keeper, leaves his job because it was causing him stress and he was
worried about his ability to do the job. He does not provide any evidence about this,
and his employer has never complained about his work. He later produces a
medical certificate that says he should not walk much because of an old hip injury.
But his job does not involve a lot of walking. He has not found another job to go to
when he leaves. Bob does not have just cause for leaving, but the fact that he is
genuinely worried about whether he can do the job may be reflected in the period of
1
the sanction .
1 R(U) 13/52

34360 A DM should never decide to impose a sanction based on medical evidence which
could not be shown to the FtT because the claimant does not agree to it being
shown. See DMG Chapter 03 for guidance on whether medical evidence should be
treated as confidential.
34361 Where a claimant
1. was suffering from pneumoconiosis on its own or with tuberculosis and
2. had
2.1 a certificate of suspension or
2.2 a letter of advice
issued by a PMB,
the DM should follow the guidance at DMG 34472 - 34474 to decide whether the
claimant has just cause for leaving employment.
34362 - 34363
Living away from home
34364 Claimants who had to live away from home permanently, or for long periods, have
just cause if they had to leave their employment because
1. they were urgently needed at home or
2. their expenses for living away were unreasonably high when compared to
their earnings.
Example
Ross, aged 61, has to live in lodgings 113 km (70 miles) away from his wife,
Maureen aged 68. He tries to find her accommodation with him and to get a job near
his home, but is unsuccessful. His wife falls ill, and there is no one to care for her,
1
so he leaves his employment to look after her. Ross has just cause for leaving .
1 R(U) 14/52
34365 A long period of working away from home may also provide just cause for leaving
employment. When deciding this, the DM should take all the circumstances into
account, including
1. what opportunity there was to look for other work while still in employment
2. the claimant's chances of getting work nearer home
3. whether the claimant could have found accommodation for the family nearer
the employment.
A short period of working away from home does not give the claimant just cause for
leaving employment, unless there are other urgent reasons for leaving.

Long daily journey to work

34366 Claimants who live in remote places must expect to put up with a lot of
inconvenience and expense in travelling daily to work. But they will have just cause
for leaving if, taking their personal and domestic circumstances into account
1. they could not move their homes nearer to work and
2. the travelling took up an unreasonably high part of their earnings and

prevented them from looking for work nearer home.
34367 - 34368
Long or awkward working hours
34369 Claimants are expected, within reason, to organize their domestic lives to suit their
working hours. But they have just cause if
1. it became essential for them to reduce or alter their working hours (for
example because a relative is ill) and
2. they tried but were unable to get their hours changed.
Trial period
34370 DMG 34234 et seq give details of the trial period rule which applies to certain
claimants. In addition to this, just cause can be considered where any claimant has
entered employment on a trial basis. Unemployed persons should be encouraged to
take a chance and try different employment if work in their own line is not available;
they should not be dealt with too severely if the experiment fails.
Example
Sheila resigned from her employment as a trainee office manager after six weeks of
a probationary period of three months had elapsed because she concluded that she
was not suited to the work and considered it unfair to her employers to continue
training when she believed the work to be beyond her capacity. The DM decides
that the claimant acted in a responsible manner and had just cause for leaving the
1
employment .
1 R(U) 3/73
34371 However claimants do not show just cause for leaving their employment merely
because they find it distasteful or it turns out below their expectations.
34372 - 34378

Chances of getting other employment 34379 34383
Chances of getting other employment
34379 If the circumstances in which a claimant left employment fall just short of providing
just cause, the DM should take into account the claimant's chances of getting other
employment, including self employment quickly. When looked at together these may
mean that the claimant has acted reasonably in leaving and becoming dependent
1
on the NI fund .
1 R(U) 4/73
34380 How good the chances of getting other work must be will vary from case to case.
Claimants will have just cause if
1. there was a promise of continuous employment, which was expected to last

for some time, to start in the near future or
2. they got another job and the circumstances in which they left employment
almost amounted to just cause.
Claimants will not have just cause if they hoped they would get other employment
quickly, but the evidence does not support this.
34381 The DM should take the following into account when deciding what weight to give to
the claimant's prospects or lack of prospects
• the claimant's occupation, or type of employment sought if different
• the chances of getting such employment
• the area where the claimant lived compared to the area where the claimant
wanted to work, if different
• whether it would have been easy or difficult for the claimant to find new
employment while staying in the existing employment
• the results of any enquiries the claimant had already made about other
employment
• the claimant's work record.
34382 The date at which the claimant's chances of getting other employment should be
considered is the date on which the claimant
1. gave notice to leave or
2. took the action that led to leaving employment or
3. left employment, if it is to the claimant's advantage.
34383 Claimants never have just cause for leaving if their only reason for leaving was
because they had a good chance of getting other employment or they are claiming
JSA only for a very short time.

Chances of getting other employment 34384 34387
Firm offer of other employment
34384 Claimants may have left employment because they had firm offers of other
employment to start at once. But such claimants may have to claim JSA because
1. the offers fell through unexpectedly or
2. the new employment did not last very long.
34385 Such claimants will have just cause for leaving unless
1. the offers were cancelled before they left their existing employment and
1.1 they could have stayed in their existing employment or
1.2 they did not ask their employer whether they could stay or
2. they changed their minds and decided not to take the new job and 1.1 or 1.2
applies.
34386 Sometimes claimants have left employment because they had firm offers of other
employment to start shortly, but not immediately. They may then claim JSA
because
1. they changed their original intention not to claim JSA during the interval or
2. the offer fell through and they are claiming JSA for longer than they expected.
They do not have just cause for leaving, because they left their original employment
before they needed to. But if claimants would have had just cause under DMG
34384 if the offers had been to start at once, the DM should limit the period of the
sanction to the length of the interval which the claimants originally thought would
occur between the employments. If this is less than one week, a sanction of one
week should be imposed.
34387

Refusing employment
Introduction
34388 JSA is not payable if a claimant has without good cause
1. refused or failed to apply for a job or

1
2. refused to accept a job which was offered .
For general guidance on the length of a sanction, and when it should begin, see
DMG 34040 - 34058. Hardship payments may be made in certain circumstances.
1 JS Act 95, s 19(1), 20A(1), 19(6)(c) and 20A(2)(f)
34389 The job must be

1
1. in employed earner's employment and
2
2. vacant or about to become vacant and
3
3. notified to the claimant by an Emp O .
1 JSA Regs, reg 75(4); 2 JS Act 95, s 19(6)(c) and 20A(2)(f); 3 s 19(6)(c) and 20A(2)(f)
1
34390 A sanction can only be imposed if
1. the claimant is entitled to JSA and
2. the claimant was notified by an Emp O of employed earner's employment

which was vacant or about to become vacant (see DMG 34394 - 34399) and
3. the claimant
3.1 refused or failed to apply for the vacancy or
3.2 refused to accept the vacancy when it was offered (see DMG 34400
34402) and
4. the job was not vacant because of a stoppage of work due to a TD (see DMG
34403 - 34404) and
5. the claimant does not have good cause for the refusal or failure (see DMG
34406 - 34562).
1 s 19(1), 20A(1), 19(6)(c), 20A(2)(f), 20(1) and 20B(1); JSA Regs, reg 75(4)
Proof
34391 Once the DM has determined that the vacancy was employed earners employment
(see DMG 26010) the DM has to show that the conditions in DMG 34390 1. to 4. are
met. The claimant then has to show good cause for the refusal or failure (see DMG
34390 5.).
34392 - 34393

Notified by an employment officer 34394 34399
Notified by an employment officer
Employment officer
1
34394 An Emp O includes any officer who acts on behalf of the Secretary of State . The
2
legislation allows other people to be authorized as Emp Os . Appendix 1 gives
details of the people the Secretary of State has authorized as Emp Os in relation to
sanctions.
1 JS Act 95, s 19(10)(a) and 20A(9); 2 s 19(10)(a) and 20A(9)
Notification
34395 The claimant may be notified
1. personally when attending the Jobcentre Plus office or elsewhere or
2. by letter or
3. by telephone.
34396 If the notification is sent by post, the claimant may not get it because of
1. a move of home or
2. an absence from home
which has not been notified to the relevant Jobcentre Plus office or elsewhere. The
DM should decide that the claimant has been notified on the day on which the
notification would have been delivered to the claimant's old address in the normal
course of post.
34397 The DM should take into account the fact that a claimant does not receive the
notification, and the reasons why, in deciding
1. good cause and
2. the length of any period of sanction.
34398 Claimants need not be given complete and precise details of the vacancy. But they
1
must be given enough details to enable them to pursue it . Claimants will have been
notified even if they are given incorrect details about a vacancy.
1 R(U) 32/52
Self-service vacancies
34399 A claimant reading a job advertisement displayed in a Jobcentre Plus office does
not by itself amount to notification by an Emp O. There must be some
communication between an Emp O and the claimant about the vacancy.

Refusal or failure 34400 34400
Refusal or failure
34400 Claimants may not actually refuse or fail to apply for or accept a vacancy. Failure to
apply includes not taking the appropriate steps to apply such as attending an
interview. But they may behave in such a way that they lose the chance of getting
the vacancy. For example they may
1. not arrive on time for interview or go to the wrong place through their own
negligence or
2. impose unreasonable conditions, so that the employer withdraws the job offer
or
3. make statements which, although reasonable in themselves, are intended to

put the prospective employer off.
These actions amount to refusals or failures. But if any statement under 3. was
reasonable in the circumstances, and it was not made only to put the employer off,
the claimants have not refused the vacancy. Also, claimants will have failed to
accept a vacancy if they accept the job when it is offered, but then fail to start it.
Example 1
Seelma Patel is looking for work as supervisor in a bank, and has been getting JSA
for six months. She is offered a job as a bank clerk at an interview. She tells the
person interviewing her that she will take the job, but will only stay until she finds a
job as a supervisor. The employer decides not to give her the job. The DM decides
that Seelma has not refused the vacancy.
Example 2
Pauline Gordon is offered a job. She says that she wants three weeks holiday within
a month of starting. The employer withdraws the offer of a job. In this case her
attitude is unreasonable, and Pauline has refused an offer of a job without good
1
cause .
1 R(U) 23/51
Example 3
Franz Gottlieb refuses to complete a form before he is interviewed for a vacancy.

Because of this, the employer will not interview him. Franz has failed to apply for a
1
vacancy without good cause .
1 R(U) 32/52
Note: DMs should remember, when reading the caselaw above, that references to
the employment having to be suitable no longer apply.
Example 4
A Jobcentre Plus office gives George an application form for a job in a local factory.
George completes the application form and sends it to the employer.

George has written on the application form, in the space provided for additional
information,
“I am frequently advised by personnel managers and other simple-minded people
that “it is easier to get a job if you have one already”. Why is it easier??
What do you expect the unemployed to do about it?
There will always be long-term unemployed until you buck up your ideas!!”
The employer does not invite George for an interview. The DM sanctions George for
failing to apply for the job.
Claimants change their mind
34401 Claimants who have refused or failed to apply for or accept a vacancy may change
their minds and apply for or accept it
1. before it has been filled and
2. before the job was due to start and
3. their application is accepted for consideration by the employer.
In such cases claimants have not refused or failed to apply for or accept the
vacancy.
34402 If
1. claimants change their minds as in DMG 34401 after the DM has imposed
sanctions or
2. the DM imposes sanctions without being aware that claimants have changed
their minds
the DM should consider revising or superseding the original decision in the

claimant's favour.

Job vacant because of a trade dispute stoppage 34403 34405
Job vacant because of a trade dispute

stoppage
34403 Claimants cannot be sanctioned just because they refuse or fail to apply for or
1
accept a job that is vacant because of a stoppage of work due to a TD . This applies
even if the fact is not known at the date of refusal, but comes to light later. If a
sanction has already been imposed, the sector DM should let the DM know of the
change so that he can consider revising or superseding the decision.
1 JS Act 95, s 20(1) and 20B(1)
34404 For the job to be vacant because of the TD stoppage
1. the stoppage must exist at the time the vacancy is notified or offered. It is
not enough that there is a TD, or that a stoppage seems imminent and
2. the vacancy must have been caused by the stoppage. This will not be the
case if
2.1 the vacancy was caused by the illness of an employee, even if there is
a stoppage of work at the employer's premises or
2.2 the vacancy arose normally after the stoppage had ended and the
places of the employees affected by the TD had been filled or
2.3 the vacancy arose because an employee left a job where there was no
stoppage in order to take a job where there was a stoppage.
34405

Good cause - introduction 34406 34410
Good cause - introduction

34406 Legislation details circumstances which
1
1. give a claimant good cause (see DMG 34413 - 34437) and
2
2. do not give a claimant good cause (see DMG 34438 - 34459) and
3. the DM should take into account when deciding whether or not the claimant
3
has good cause (see DMG 34465 - 34512) and
4. the DM should not take into account when deciding whether or not the
4
claimant has good cause (see DMG 34561 - 34562).
1 JSA Regs, reg 72(4) & 72(5); 2 reg 72(6) & 72(7); 3 reg 72(2) & 72(3); 4 JS Act 95, s 19(9) and 20A(9)
34407 In addition, claimants will give reasons for what they have done or failed to do,
which the DM will have to consider and may decide to take into account when
deciding whether the claimants have good cause (DMG 34526 - 34558). Good
cause means some fact that looking at all the circumstances (including the
information which claimants received or might have obtained), would probably have
caused a reasonable person of the claimant's age and experience to act (or fail to
1
act) as the claimant did . A genuinely held subjective belief does not in itself amount
to reasonableness.
Example
Helene is notified of a vacancy as a nursery nurse. The job is described as “an

experienced nursery nurse for a children’s day nursery”. Helene fails to apply for the
vacancy, believing that she had no chance of obtaining the job as she had only
recently qualified. Although she genuinely believed she would not be suitable it was
not reasonable to assume so without making further enquiries.
1 CS 371/49(KL); R(SB) 6/83
Claimant given incorrect details of employment
34408 Claimants may refuse or fail to apply for or accept a vacancy, and it may later be
found that they have been given incorrect details about the vacancy.
34409 The DM should impose a sanction if
1. the claimant cannot show good cause for refusing a job on the terms wrongly
notified and
1
2. the actual terms of the job would have been more favourable .
1 R(U) 20/55
34410 The DM should not impose a sanction if the claimant can show good cause for
refusing a job on the terms wrongly notified. The DM does not need to consider
whether the claimant could have shown good cause for refusing the job had the
actual terms been known.

Good cause - introduction 34411 34412
Example
An Emp O telephones Dan Butcher at home to tell him about a vacancy as a packer
in a local meat factory. The Emp O mistakenly tells Dan the rate of pay is £5 per
hour. The actual rate is £5.50 per hour. Dan refuses to apply for the vacancy
because in his last job, which ended two weeks ago, he was paid £5.50 per hour as
a packer. The DM, when considering whether or not Dan has good cause, treats the
vacancy as if it was paying £5 per hour.
Fine payment work
34411 Fine payment work allows people who are genuinely unable to pay their fines to do
unpaid work in the voluntary sector as an alternative. When the work is done, the
fine is regarded as paid. Where a claimant is approaching the end of fine payment
work and gives that as a reason for refusing employment, this does not amount to
good cause.
34412

Claimants who have good cause 34413 34420
Claimants who have done training
34413 If claimants have trained for a particular kind of employment for two calendar
1
months or more
1. they will have good cause if they refuse or fail to apply for or accept
employment of any other kind and
2. the DM should not impose a sanction.
Claimants will only have good cause for four weeks starting with the day on which
2 3
the training ends . Week here means any period of seven consecutive days .
1 CG 66/49(KL); 2 JSA Regs, reg 72(4); 3 reg 75(2)
Example 1
Janet Harris starts a training course to become a secretary on 21 October. It

finishes on 20 December. She claims JSA on 23 December and is offered a job as a
cashier in a bank. Janet has good cause for turning the job down, as the secretarial
training course lasted for exactly two calendar months.
Example 2
John Webster trains to be a motor mechanic for a year, and the course ends on
Friday 18 October. He claims JSA on Monday 21 October. On Friday 15 November
he is offered a job as a barman. He turns it down because he only wants to work as
a motor mechanic, having spent a year training for this. John does not have good
cause, as the period of four weeks for which he would have had good cause ended
on Thursday 14 November.
34414 Training is not defined in the legislation, and should be given its normal everyday
meaning. It includes, for example
• WBLfYP (England and Wales) or Skillseekers (Scotland)
• WBLA
• training funded by the European Social Fund
• training undertaken with the help of a career development loan
• training which claimants pay for themselves.
34415 - 34420

Permitted period
34421 If claimants
1. are in their permitted period (see DMG Chapter 21) and
2. have restricted the type of employment they are available for, to employment
2.1 in their usual occupation (see DMG Chapter 21) or
2.2 at a level of pay that they are used to receiving or
2.3 in their usual occupation and at a level of pay that they are used to
receiving and
3. refuse or fail to apply for or accept employment because it does not meet the
conditions at 2.1 to 2.3
1
they will have good cause. The DM should not impose a sanction .
1 JSA Regs, reg 72(5)(a) & 16
Laid off and short time workers
34422 If claimants (see DMG Chapter 21)
1. are laid off and
2. are being allowed to and do in fact restrict the employment they are willing to
take to
2.1 the job they are laid off from or
2.2 casual employment within daily travelling distance of home and
3. refuse or fail to apply for or accept employment because it does not meet any
of the restrictions claimants imposed within 2.1 to 2.2
1
they will have good cause. The DM should not impose a sanction .
1 reg 72(5)(a) & 17
34423 If the claimants are (see DMG Chapter 21)
1. on short time and
2. are being allowed to and do in fact restrict the employment they are willing to
take to
2.1 the job they are on short time in or
2.2 casual employment within daily travelling distance of home for the
hours they are not working in their short time employment and
3. refuse or fail to apply for or accept employment because it does not meet any
restrictions claimants impose within 2.1 to 2.2

1
they will have good cause. The DM should not sanction them .
1 JSA Regs, reg 72(5)(a) & 17
Employment of less than 24 hours a week
34424 If
1. it has been agreed that the claimant can restrict their hours of availability to
1
less than 24 hours in a benefit week , for example because of caring
responsibilities and
2. the employment on offer is for less than 16 hours a week
the claimant will have good cause for refusing or failing to apply for or accept that
2
employment . Where a case does not fall within 1. and 2. above, if a claimant
refuses or fails to apply for or accept employment that is for less than 24 hours a
3
week, the claimant will have good cause .
1 reg 75(3); 2 reg 72(5A)(a); 3 reg 72(5A)(b)
Shifts or rota systems
34425 If the employment on offer requires work on a shift or rota system where the
claimant would have to work for 24 or more hours in some weeks, and less than 24
hours in others, the hours should be averaged. A claimant who refused or failed to
apply for or accept employment averaging less than 24 hours a week would have
good cause, and the DM should not impose a sanction. A week here means any
1
period of seven consecutive days .
1 reg 75(2)
34426 This guidance should also be applied when considering whether employment is for
less than 16 hours a week.
Claimants who have caring responsibilities or do

voluntary work
34427 If a claimant
1. has caring responsibilities (see DMG 21265 et seq) or does voluntary work
(see DMG 21265 et seq) and
2. refuses or fails to apply for or accept employment because it would be

necessary to start it within one week
1
the claimant will have good cause, and the DM should not apply a sanction .
1 reg 72(5)(b) & 5(1)

Example
Dave Brooks does voluntary work for the NSPCC on Monday and Wednesday. On
Thursday he is offered a job that starts on the next day (Friday). He refuses to take
the job as he says he will not be able to organize someone to take over his
voluntary work on Monday. As he is given less than a week’s notice from the time
he is offered the job, he automatically has good cause.
Claimants who have caring responsibilities for a child
34428 If a claimant
1. has caring responsibilities for a child (see DMG 21265 et seq) and
2. is permitted to take up employment on being given 28 days notice and

necessary to start it within 28 days
1
the claimant will have good cause and the DM should not apply a sanction .
1 JSA Regs, reg 72(5)(b) & 5(1A)
Claimants who provide a service

34429 Where a claimant
1. is providing a service (see DMG 21274 et seq)
1.1 whether under a contract or not and
1.2 with or without pay and

necessary to start it within 24 hours
1
the claimant will have good cause, and the DM should not apply a sanction .
1 JSA Regs, reg 72(5)(b) & 5(2)
Claimants who work and have to give notice

34430 If
1. claimants work in employed earner's employment of less than 16 hours a

week and
2. have to give notice to end their employment
they are allowed, in certain circumstances, not to have to be immediately available

1
for employment (see DMG 21298) . Such claimants will have good cause for
refusing or failing to apply for or accept employment if their reason for doing so was
2
that they would not have been able to work out their notice in the job they did have .
1 reg 5(3); 2 reg 72(5)(b) & 5(3)
34431

Claimants who do not have to take employment at

certain times
34432 Certain claimants can agree to restrict their availability to particular days of the
week, and hours of the day (see DMG Chapter 21 for guidance on when these
1
claimants can restrict their availability) . Such claimants will have good cause for
refusing or failing to apply for or accept employment if their reason for doing so was
that they were required to take up employment at a time when they had agreed they
2
were not available .
1 JSA Regs, reg 5(4),7,13 & 17; 2 reg 72(5)(b)
New Deal 25+ education based
34433 Claimants participating in ND25+ education based as a full-time student have good
1
cause for refusing or neglecting to avail themselves of employment if
1. they refused employment or neglected to avail themselves of employment

within a period of four weeks before the end of the qualifying course or
examinations or
2. the employment is not
2.1 casual employment in a vacation from the qualifying course or
2.2 permanent remunerative work
(see DMG Chapter 20 for the meaning of remunerative work).

1 reg 72(3A)
Anti-social behaviour order, community order or

community disposal
34434 Claimants may refuse employment because it would mean that they would break
their anti social behaviour order, community order or community disposal taking into
account any necessary travelling time. If claimants have tried unsuccessfully to get
their order or disposal varied they would have good cause for refusing employment.

Working time regulations 1998
34435 The Working Time Regulations 1998 provide that a worker’s working time, including
overtime, shall not exceed an average of 48 hours for each seven days (the
average being calculated over a 17 week period) except where a worker has agreed
with his employer in writing that this limit should not apply in his case.
34436 A jobseeker has good cause for refusing employment of over an average of 48
hours per week if he gives the number of hours as his reason for refusal,
irrespective of whether he selected the vacancy himself, applied for the job or
attended an interview being fully aware of the hours required.
National minimum wage
34437 Claimants have good cause for refusing employment if they do so because
1. the national minimum wage applies to them and
2. the employment does not pay at least the national minimum wage that
applies to them.
Note: If the claimant refuses employment wholly for other reasons, for example the
work was too far from home, then the fact that the national minimum wage was not
being paid will not give the claimant good cause.

Claimants who do not have good cause 34438 34440
Claimants who do not have good cause
Income or outgoings
34438 Claimants do not have good cause if they refuse or fail to apply for or accept
employment because of
1. their income or outgoings or
2. the income or outgoings of any other member of their household or
3. the income or outgoings which they or any other member of their household
1
would have if they become employed .
Membership of the household is explained at DMG Chapter 22. A person's

outgoings do not include any expenses taken into account as in DMG 34504 or
2
DMG 34507 .
1 JSA Regs, reg 72(6)(a); 2 reg 72(6)(a)
34439 Examples of reasons which are linked to income and outgoings, and which would
therefore not give the claimant good cause are
• very high financial commitments
• a member of the household has very high living expenses
• the claimant or another member of the household will lose the right to other
benefits etc which are available to job seekers.
Exceptions
34440 DMG 34438 does not apply where

1
1. the employment is paid only by commission or
2. the claimant has agreed a restriction on the level of pay because the claimant
2.1 is in the permitted period (see DMG Chapter 21) or

2
2.2 has a physical or mental condition (see DMG Chapter 21) or
3
3. DMG 34504 or DMG 34507 applies .
1 reg 72(7)(b); 2 reg 72(7)(a); 3 reg, 72(2)(f) & 72(2)(g)

Travelling time
34441 Claimants will not have good cause if they refuse or fail to apply for or accept
employment because of the time it would normally take for them to travel from their
1
homes to the places they will have to work and back .
1 JSA Regs, reg 72(6)(b)
Exceptions
1
34442 A claimant may have good cause if any of the following circumstances apply
1. the travelling time is normally
1.1 one hour or more each way where the claimant is in the first 13 weeks
of entitlement to JSA or
1.2 one and a half hours or more each way where the claimant is outside
the first 13 weeks of entitlement to JSA
by a route and means of travel which is appropriate to the claimant’s

circumstances and to the employment or
2. the travelling time is otherwise unreasonable because of
2.1 the claimant's health or
2.2 any caring responsibilities the claimant has (see DMG Chapter 21).
1 reg 72(6)(b)
Each way
34443 If the journey to work would take one hour or more or one and a half hours or more,
and the journey home would take less than one hour or one and a half hours (or
vice versa), the claimant may have good cause and the DM should take it into
account.
Normally
34444 If a journey normally takes less than an hour or one and a half hours, but may
occasionally take more than an hour or one and a half hours, then the claimant will
not have good cause.
Travelling time
34445 Travelling time
1. includes the time spent waiting for transport connections after the journey
has started
2. does not include any time spent waiting between the end of the journey and
the start of work or vice versa, for example because the first convenient bus
or train home leaves a long time after the working day would end. But if such
a delay is very long, then the DM can take it into account as in DMG 34496
34499.
34446 - 34447

Place of employment
34448 The place of employment is the premises or place, for example a factory or shop,
where claimants would have been employed had they accepted the employment. In
the case of mobile workers such as bus drivers, street cleaners etc, it is the base
from which they would start their day's employment.
Route and means appropriate
34449 A claimant cannot argue that it would take an hour or more or one and a half hours
or more to travel to and from the employment by a particular route and means of
transport, if there is another route or means of travel which it is appropriate to use,
which would take less than an hour or an hour and a half.
34450 The DM should decide whether the route and means of travel are appropriate taking
into account the claimant's circumstances and the employment in question. If
several means of travelling to and from work would be available to the claimant, the
DM should consider the costs and convenience to decide whether any of them
would be appropriate.
34451 If the employer would have provided transport, for example a work bus, that would
be an appropriate means.
34452 If other forms of transport are not available, it is reasonable to expect a healthy
person with no disabilities to spend up to an hour each way walking to and from
work in the absence of any objections. For example, a claimant should not have to
walk in the dark through a dangerous inner-city area.
34453 A claimant would not be expected to try to make private arrangements to get a lift on
a permanent basis if this would be the only means by which the journey to and from
work should not take less than an hour without unreasonably high expense.
34454 - 34457
Health and caring responsibilities
34458 The DM should obtain details of
1. the claimant's health problems and how they affect the claimant's ability to
travel or
2. the extent and nature of the claimant's caring responsibilities (see DMG
Chapter 21), and how they affect the time for which it is reasonable for the
claimant to travel.
The DM should then take all the facts into account and decide whether in view of
the claimant's health or caring responsibilities the journey would take an
unreasonable time.

Period of sanction
34459 Where regulations provide that a reason cannot of itself be good cause, it may still
be taken into account, with all the other facts of the case, when deciding the length
of any period of sanction.
34460 - 34464

Good cause - matters to take into account 34465 34467

34465 A DM has to take into account the matters outlined in the legislation when deciding
1
good cause . There is no automatic provision for good cause. Each case must be
decided on its own facts and circumstances, subject to any legislative requirements.
DMG 34526 - 34558 give examples of reasons other than those provided for in
legislation, which may be relevant in deciding the question of good cause.
1 JSA Regs, reg 72(2) & (3)
Restrictions on availability
34466 If a claimant has imposed any of the restrictions outlined in DMG Chapter 21 on
availability, the DM should take into account when deciding good cause how much
1
the terms and conditions of the employment on offer differ from those restrictions .
Note: Types of jobs entered into the “types of job I am looking for” box on the JSAg
are not necessarily restrictions.
1 reg 72(2)(a)
Example 1
Marilyn has always worked as a senior manager, earning about £350 per week. She
becomes unemployed and makes a claim to JSA. She agrees with an Emp O that
she will restrict the type of employment she wants to jobs which pay at least £350 a
week. Four months after making a claim she is offered a job as a senior manager for
£345 per week, which she turns down only because it was not offering £350 per
week. The DM decides that Marilyn does not have good cause, as there is very little
difference (£5 per week - only about 1% of the wage she wanted) between the job
she was offered and her restrictions.
Example 2
Chris, who is single with no dependants, agrees with an Emp O to restrict his
availability to jobs within 32 km (20 miles) of where he lives. He has his own car,
which he has said he will use to travel to work. He is offered a job in a factory 33 km
(20.5 miles) from where he lives, which will normally take 40 minutes by car. He
turns the job down only because it is outside the distance he wants to travel. The
DM decides that Chris does not have good cause, as there is very little difference (1
km (0.5 of a mile) - only 2.5% of the distance he was willing to travel) between the
job he was offered and his restrictions.
34467 DMs can take into account restrictions imposed when a claimant is on ND25+
education based.

Significant harm to health or unreasonable physical or

mental stress
34468 The DM must take into account when deciding good cause any condition or
personal circumstance of the claimant which shows that a particular employment
would be likely to cause
1. significant harm to the claimant’s health or

1
2. the claimant unreasonable physical or mental stress .
Significant harm to health
34469 The best evidence is confirmation from the claimant’s doctor that the employment is
likely to cause significant harm to the claimant’s health. The DM should check any
medical evidence provided to make sure that it is relevant to the type of employment
in question.
34470 If medical evidence is not available, the facts may still allow the DM to decide that
the claimant had good cause. The DM can accept good cause, without requesting
medical evidence, where
1. the employment itself or
2. the place the claimant would have had to carry out the employment
would have made the medical condition worse. For example, a claimant with
asthma, is offered employment working in a dusty atmosphere.
34471 The DM should never decide to impose a sanction based on medical evidence
which could not be shown to the FtT because the claimant does not agree to it being
shown. See DMG Chapter 03 for guidance on whether medical evidence should be
treated as confidential.
34472 Claimants who suffer from pneumoconiosis or pneumoconiosis and tuberculosis

may hold
1. a certificate of suspension (issued before 27.11.74) or
2. a letter of advice.
These documents are issued by a PMB. A certificate of suspension tells the person
to give up employment in a stated industry, and not to take employment in certain
occupations. A letter of advice advises the person whether it is safe to work in a
particular occupation.

Good cause – matters to take into account 34473 34479
34473 The DM should accept that the claimant has good cause if the claimant
1. holds a certificate or letter and
2. refuses employment of a type listed in the certificate or letter.
If the claimant refuses employment of another type, and the DM is not sure whether
it would harm the claimant’s health, a medical adviser should be asked whether the
claimant’s health would be at risk if the claimant accepted the employment.
34474 The employment must be likely to cause significant harm to the claimant’s health.
Example
Don Mainwaring refuses to apply for a job in the Royal Ordnance factory because
1
there has recently been an explosion there. Don does not have good cause .
1 R(U) 32/56
Note: The caselaw quoted was decided before legislation required the DM to take
likely significant harm to a claimant’s health into account.
Unreasonable physical or mental stress
34475 If employment would be likely to cause significant harm to the claimant’s health, it
will usually also be likely to cause unreasonable physical or mental stress. But
sometimes a particular employment would be likely to cause unreasonable stress
without being likely to cause significant harm to the claimant’s health. For example,
claimants may be likely to suffer
1. unreasonable physical stress if they
1.1 are disabled and take employment which is physically hard or
1.2 take employment which means they have to work at night, but they find
it difficult to sleep during the day or
2. unreasonable mental stress if they work somewhere they dread, for example
an abattoir or an undertaker’s.
34476 Where good cause is not shown, but the claimant genuinely believes that a
particular employment is likely to cause
1. significant harm to the claimant’s health or
2. the claimant unreasonable physical or mental stress
the DM should take this into account when deciding the period of the sanction.
34477 - 34479

Sincere religious or conscientious objection

34480 If a claimant refuses or fails to apply for or accept employment because of any
religious or conscientious objection, which the claimant sincerely holds, the DM
1
should take this into account when deciding good cause .
34481 Claimants cannot show good cause just by saying, for example, that they
conscientiously object to doing a certain employment. They must
1. show that one or more of the terms and conditions of the employment
conflicts with the principles on which their objection is based and
2. give enough evidence to satisfy the DM that their religious or conscientious

objection is sincerely held.
34482 The following are examples of religious or conscientious objections which may
provide good cause
1. an objection to employment that involves the handling or supply of alcohol,

cigarettes or tobacco
2. a religious objection to being in employment on a particular day each week
3. an objection to employment with something which may be used to destroy life

- whether human or animal
4. a religious objection to being in employment with members of the opposite

sex.
34483 A principled objection is not the same as a conscientious objection. The terms and
conditions of the employment must require the claimant to act in a way which is
1
contrary to their ethical or moral principles .
1 R(JSA) 7/03
34484 - 34486
Caring responsibilities
34487 The DM should take into account when deciding good cause any caring
responsibilities (DMG Chapter 21) which would make it unreasonable for the
1
claimant to take a particular employment .
Note: Do not take account of domestic duties.

1 JSA Regs, reg 72(2)(d)
34488 If a claimant has caring responsibilities for a child in considering whether those
responsibilities would make it unreasonable the DM should have regard to whether
1
1 reg 72(2A)

Unreasonable
34489 The claimant’s caring responsibilities must make it unreasonable to take the
employment. Inconvenience will not be good cause. A claimant should do all that is
reasonably possible to fit in responsibilities with the employment on offer. But the
claimant is not expected to take employment where the hours are so long or
inconvenient that the claimant could not carry out the caring responsibilities.
34490 If claimants are responsible for children who are under school age or still at
school, they cannot show good cause because they have to supervise them at
certain times unless they can show that there is no reasonable alternative. The DM
should ensure that claimants have taken reasonable steps to secure appropriate
and affordable child care. For example options such as1. day nurseries
2. breakfast and after school clubs
3. child care schemes
4. registered childminders
5. the help of friends or relatives
should be considered and reasons given if claimants state they are not suitable.
This list is not exhaustive.
Example
Diane is a LP with one son, aged 14. She has been notified of a job for 25 hours per
week earning £145 per week. She will need after school care for 2 hours each day.
The Adviser has referred her to the Children’s Information Services to obtain details
of the child care schemes available in the area and has explained the financial help
available for child care costs through tax credits. Diane refuses the job as she states
that the childminders in the area have no vacancies for the times she needs, the
after school club is full and there are no friends or family who can look after her son.
The DM considers that Diane has good cause for refusing the job.
34491 Good cause may be shown where the claimant refuses employment which would
involve, for example
1. employment at night or
2. a very early start or late finish to the employment, or other unsocial hours or
3. overnight stays away from home
and it would not be practicable for anyone else to take over the claimant’s caring
responsibilities at these times.

Example
Yvonne Madder, who has a young baby, refuses employment which begins at 7.15
1
am. Yvonne has good cause .
Note: The caselaw quoted was decided before legislation required the DM to take
the claimant’s caring responsibilities into account.
1 R(U) 20/60
34492 - 34495
Travelling time
34496 DMG 34441 - 34458 give guidance on when the time it would take a claimant to
travel from home to work and back cannot be good cause. Subject to that guidance,
the DM should take into account when deciding good cause the time it would
normally take the claimant to travel from home to the place of employment and back
by a route and means appropriate to the claimant’s circumstances and to the
1
employment .
1 JSA Regs, reg 72(2)(e)
34497 For guidance on the meaning of
1. travelling time see DMG 34443 - 34445
2. place of employment see DMG 34448
3. route and means appropriate see DMG 34449 - 34453.

1
34498 DMG 34441 - 34453 does not mean that where normal travelling time from home
to work and back would exceed an hour or an hour and a half each way, the
claimant must have good cause. But the DM should accept that the claimant has
good cause in such circumstances, unless it would be reasonable to expect the
claimant to undertake a journey of more than an hour or an hour and a half either
way. Some examples of where it may be reasonable for the claimant to travel for
more than one hour or an hour and a half either way include where the claimant
1. is restricting availability to the type of employment offered, although other

types of employment are available nearer home
2. previously had regular employment which involved travelling for more than an
hour or an hour and a half either way, and there is no evidence that the
claimant found this unreasonable
3. lives in a remote location in which people usually have long journeys to work
4. is in the process of moving home to within an hour’s or an hour and a half’s

travelling distance of the employment, so the longer journey would be for a
short time only

5. would have to make a journey which takes less than an hour or an hour and a
half in one direction, and only slightly more than an hour or an hour and a half
in the other direction.
34499 A claimant has good cause if travelling time, of whatever length, would be
unreasonable because of the claimant’s
1. health or
2. caring responsibilities (see DMG 34458).
34500 - 34503
Employment expenses
34504 The DM should take into account when deciding good cause any expenses which
1. claimants have to meet only for the purpose of the employment and
2. would be an unreasonably high proportion of the expected pay from the

1
employment .
1 reg 72(2)(f)
34505 Expenses which can be taken into account include
1. travelling expenses to and from the place of employment by a route and

1
means appropriate to the claimant’s circumstances
2. the cost of tools or equipment which the claimant has to provide
3. the cost of essential protective clothing, not provided by the employer
4. the cost of a criminal record check (known as a disclosure).

1 JSA Regs, reg 72(2)(f)
34506 Deductions from wages of tax, NI and occupational pension contributions cannot be
taken into account. This is because they are not expenses incurred for the purposes
of the employment.
Child care expenses
34507 The DM should take into account when deciding good cause any child care
1
expenses which
1. are or would be necessarily incurred as a result of the claimant being in the

employment and
2. did or would represent an unreasonably high proportion of the remuneration

which it is reasonable to expect that he would receive from the employment.
1 reg 72(2)(g)

34508 There are no rules for deciding whether expenses would be an unreasonably high
proportion of remuneration. Each case must be decided on its own facts. But the
greater the level of remuneration is, the more reasonable it is for the expenses to be
1
a higher proportion of it .
34509 The DM should consider employment expenses as in DMG 34504 and child care
expenses as in DMG 34507 separately. They should not be aggregated when
considering good cause.
Unreasonably high proportion of pay
34510 The expenses must be an unreasonably high proportion of the expected pay if
good cause is to be shown. Other issues about the level of pay or the claimant’s
income or outgoings cannot be taken into account. For example, the claimant
cannot show good cause by arguing that the expenses are unreasonable because
the claimant’s
1. wages would have been the only income the household has or
2. household expenses are particularly high.
proportion of pay. Each case must be decided on its own facts. But the greater the
level of pay is, the more reasonable it is for the expenses to be a higher proportion
1
of it .
1 reg 72(3)
34512 It is reasonable to expect the claimant to spend a higher proportion of earnings on

travel than is expected of other claimants if the claimant comes within DMG 34498
1. to 4..
34513 If the claimant would have an expense
1. for only a short time, for example where the claimant would have to pay for
transport to work initially, but then works transport would be provided after a
time or
2. as a “one-off”, for example cost of tools
It would be reasonable for the claimant to spend more to meet such an expense
than would be the case if the expense would last as long as the employment. The
DM should also take into account that the claimant may be able to meet such
expenses from a jobfinder’s grant.
34514 - 34525

Reasons not covered by legislation
34526 The DM should
1. consider all matters put forward by the claimant, not just those covered in the
legislation and
2. decide whether or not to take them into account when deciding good cause.
Attitude of claimant’s trade union
34527 The fact that

1
1. the prospective employer is on the “black list” of the claimant’s trade union or
2
2. the claimant refused the employment on union instructions or advice
does not, of itself, provide good cause.

1 R(U) 1/52; 2 R(U) 9/64
34528
Possible return to previous employment
34529 The fact that a claimant
1. has a previous employment that has not ended and
2. may at some time return to it

1
does not of itself provide good cause for refusing other employment . (But see
DMG 34422 - 34423).
1 R(U) 1/52
Decision of Employment Tribunal awaited
34530 The fact that a claimant is waiting for the result of an Employment Tribunal hearing
on unfair dismissal does not of itself provide good cause for refusing other
employment.
34531 - 34532

Claimant already working part time
34533 A claimant who is working P/T and is still entitled to JSA does not have good cause
for refusing other employment just because the claimant would have had to give up
the P/T job. But see DMG 34430 if the claimant’s reason for refusing other
employment was that notice had to be given to end the P/T job.
34534 If the other employment offered would only have lasted for a short period, and the
claimant would then have been unable to return to P/T work, the claimant may have
good cause.
Example
Jack, who is working four days a week is offered about six weeks F/T employment
in the same type of employment, with a different employer. He is not sure that his
current employer will take him back on when the F/T employment ends. Jack has
1
good cause for failing to apply for the F/T vacancy .
1 R(U) 34/56
34535
Temporary employment
34536 Subject to DMG 34534, the fact that the employment offered is only temporary does
1
not of itself provide good cause . The DM should apply the principles in DMG
070853 et seq when deciding if something is temporary.
1 R(U) 35/52
Definite chance of other employment
34537 If the claimant has a definite chance of other employment that
1. will start in the very near future and
2. is likely to last at least as long as the employment offered and
3. will be lost if the claimant accepts the employment offered
this will be good cause. Whether a chance is definite must be decided on the facts
of the case.
34538 - 34539

Personal preference
34540 Claimants do not have good cause for refusing employment because they
1
1. would prefer another type of work or
2
2. wish to find employment for themselves without the help of Jobcentre Plus .
1 CU 3/48(KL); 2 R(U) 29/53
Other more suitable people unemployed
34541 A claimant does not have good cause for refusing employment just because there
are other unemployed people who are more suited to the vacancy. The question is
whether the claimant has good cause for refusing it.
34542
Employment which the claimant has previously left
34543 If the claimant has in the past left, or been dismissed from
1. the same employment and
2. employment with the same employer
that fact is not in itself good cause. But the circumstances in which the previous
employment ended may give the claimant good cause for refusing re-employment.
34544 Where the claimant refuses re-employment the DM should consider
1. all the circumstances surrounding the termination and
2. the effect of the termination on the relations between the claimant and the
employer.
34545
Objection to employer or fellow employees
34546 A claimant may refuse employment because
1. the claimant objects to the employer or other employees or
2. it would mean working with a person whose conduct is known to be offensive.
34547 In extreme cases the claimant may be able to show that such employment would be
likely to cause unreasonable mental stress (see DMG 34475) or be grounds for a
sincere religious objection (see DMG 34480 et seq). Otherwise, such an objection
will only be good cause if it is so great that it would be unreasonable to expect the
claimant to work in those conditions.

Example
Terry Rankin has previously left employment because of a personal disagreement

with a colleague. She is offered a job by a different employer, but finds out that the
colleague she had the disagreement with is now working there, and will be her
supervisor. She is still on bad terms with the ex-colleague. She turns the job down.
The DM considers that Terry has good cause.
34548 Unless there are exceptional circumstances, an objection to an employer because

that employer has previously sacked the claimant does not provide good cause if
there are no other reasons to consider.
34549
Claimant does not have necessary equipment
34550 Claimants sometimes say that they are available for a particular type of employment
where it is customary for employees to have their own tools, special clothes etc. If
claimants do not have such tools, clothes etc, this will not generally be good cause.
But in some cases there may be special reasons which will be good cause. For
example, a claimant’s tools are accidentally destroyed or stolen, and the claimant
cannot replace them at once. But the DM should also take into account that the
claimant may be able to buy such tools and equipment with a jobfinder’s grant.
34551 It is important to remember that health and safety is the responsibility of employers
(class 1 employment) and that the provision of suitable protective equipment lies
1
with the employer . Any available information concerning provision of equipment or
tools should be used to decide whether a jobseeker has good cause for refusing
vacancies offered.
1 Personal Protective Equipment at Work Regulations 1992
Attending a course of study
34552 Claimants have good cause for refusing employment if it would prevent them from
finishing a course of study, which they are following to advance or continue their
careers. In such cases the DM may be asked to consider availability. They should
decide the availability question first.
34553

Seafarers
34554 Seafarers may refuse an opportunity to go back to sea because they want to
1. change their occupation or
2. take shore leave which they are due, and by the time the leave is finished the
chance of employment is lost, for example because the ship has sailed.
34555 It is difficult for seafarers who want to change their occupation, particularly if they
are abroad or at sea, to find alternative employment to start as soon as their
contract ends. If they
1. have taken whatever steps they could and
2. seem to have reasonable prospects of finding other employment fairly quickly
the DM should accept that they have good cause.
34556 The DM should take into account that seafarers are entitled to some leave after
voyages. But this does not mean that they have good cause for refusing chances of
employment during any period of leave, regardless of the circumstances. They must
show that they have not acted unreasonably in making themselves a charge on the
NI fund.
34557
Other reasons
34558 The reasons mentioned in the DMG are not exhaustive. The DM must consider any
other reason the claimant puts forward for refusing or failing to apply for or accept
employment.
34559 - 34560

Good cause – matters which cannot be taken into account 34561 34590
Good cause - matters which cannot be

taken into account
Level of pay
34561 The DM must disregard anything relating to the level of pay in the employment in
1
question when deciding whether the claimant has good cause . The fact that the
pay offered was
1. lower than the pay the claimant had previously received or
2. not enough to cover the claimant’s financial commitments or
3. lower than the pay received by most other employees in that occupation or
4. less than the claimant is getting in benefits
are all related to the level of pay, and must be disregarded.
1 JS Act 95, s 19(9) and 20A(9)
Exception
34562 The only exceptions to disregarding the level of pay are where
1. the claimant is in the permitted period and the level of pay is lower than the
claimant is used to getting (see DMG 34421) or
2. the claimant has expenses which the DM can take into account (see DMG
34504) or
3. the claimant is within six months of the date of claim, has imposed a
restriction on pay and still has reasonable prospects of getting employment
(see DMG 34466) or
4. the claimant refused employment because
4.1 the national minimum wage applies to them and
4.2 the employment does not pay at least the national minimum wage that
applies to them.
Note: If the claimant refuses employment wholly for other reasons, for example the
work was too far from home, then the fact that the national minimum wage was not
being paid will not give the claimant good cause.
34563 - 34590

Neglect to avail
Introduction
34591 JSA is not payable if claimants have, without good cause, neglected to avail
1
themselves of a reasonable opportunity of employed earner's employment . For
general guidance on the length of a sanction, and when it should begin, see DMG
34040 - 34058. Hardship payments may be made in certain circumstances.
1 JS Act 95, s 19(1), 20A(1), 19(6)(d) and 20A(2)(g); JSA Regs, reg 75(4)
1
2. a vacancy in a qualifying former employed earner's employment existed (see

DMG 34596 - 34599) and
3. the claimant knew, or had the means of finding out how to get the job (see
DMG 34601 - 34604) and
4. the chance of getting it by that means was a reasonable one (see DMG
34607 - 34608) and
5. the claimant did not take the steps necessary to make use of the opportunity
(see DMG 34601 - 34604) and
6. the claimant was not in a trial period (see DMG 34611) and
7. the job was not vacant because of a stoppage of work due to a TD (see DMG
34613) and
8. the claimant does not have good cause for the neglect (see DMG 34614).
1 JS Act 95, s 19(1), 20A(1), 19(6)(d), 20A(2)(g), 20(1), 20B(1), 20(3) and 20B(3);
JSA Regs, reg 75(4), 72(8) & (9)
Proof
34593 The DM determines whether employment was employed earners employment (see
DMG 26010). The DM has to show that the claimant left employment voluntarily.
The claimant then has to show just cause for leaving.
34594 - 34595

Qualifying former employment 34596 34600
Qualifying former employment

34596 Unless there is a vacancy which is in a qualifying former employment, the claimant
1
will automatically have good cause and should not be sanctioned . A vacancy is in a
2
qualifying former employment if
1. it is employment
1.1 with an employer who the claimant has previously worked for or
1.2 with an employer who has succeeded that employer and
2. there has not been more than one year between
2.1 the date on which the claimant last worked for the employer and
2.2 the date when the question of a sanction arises and
3. the terms and conditions of the employment are not less favourable than they
were when the claimant last worked for that employer.
1 JSA Regs, reg 72(8); 2 reg 72(9)
34597 Most claimants who neglect to avail themselves of a qualifying former employment
are
1. those who have been temporarily laid off by their employer because no work
is available for them, and who do not return to their employment when work
becomes available or
2. women who do not return to work following maternity leave.
Date last worked for employer
34598 The date on which the claimant last worked for the employer is the date on which
the claimant last attended work. Days after the last attendance are irrelevant, even
if they were days for which the claimant received wages.
Date on which sanction question arises
34599 The date on which the question arose is the date on which the Secretary of State
learned that the claimant had neglected to avail themselves of employment.
34600

Meaning of neglect 34601 34603
Meaning of neglect
Claimant knew about employment, or could have found

out
34601 Claimants can be sanctioned if they knew employment was available to them, even
if the DM cannot show whether, or when, it was notified to them by the employer.
This may happen if, for example
1. claimants are temporarily laid off because their employer has no work for
them, but they do not go back to work when it becomes available again
2. women do not return to work after maternity leave.
Women on maternity leave
34602 Where
1. a woman does not return to work after maternity leave and
2. her contract of employment continues during the period of maternity leave

1
the DM can also impose a sanction for leaving voluntarily without just cause if the
question is referred for a decision. But if the contract continues, it does not prevent
2
the DM considering a sanction for neglect to avail . If the DM finds it difficult to
decide whether the contract continued, the DM can make a decision on neglect to
avail to avoid the need to decide this question.
1 JS Act 95, s 19(1), 20A(1), 19(6)(b) and 20A(2)(e); 2 s 19(1), 20A(1), 19(6)(d) and 20A(2)(g)
Unreasonable behaviour
34603 If claimants behave unreasonably and, as a result, lose the chance of employment,
the DM can decide that the claimants have neglected to avail themselves of
employment.
Example
Guy Taylor, a teacher, refuses to register with the General Teaching Council for
Scotland. As all teachers have to register to remain teachers, he is sacked. He has
neglected to avail himself of employment, as he knew he could keep his job or
1
return to it, if he had registered .
2
Also, see the examples two and three at DMG 34400 . In both cases the claimant
has also neglected to avail.
1 R(U) 5/71; 2 R(U) 23/51; R(U) 32/52

Meaning of neglect 34604 34606
Guidance on refusing employment applies
34604 The guidance at DMG 34400 - 34402 on failure or refusal and claimants who
change their mind, also applies to neglect to avail.
34605 - 34606

Reasonable opportunity 34607 34610
Reasonable opportunity
34607 The opportunity of employment must be a reasonable one. The word reasonable
should be given its ordinary meaning, that is, sensible or likely. An opportunity may
not be reasonable if there were, for example, over a 100 applicants for the
1
vacancy . If the employment offered a rate of pay below the national minimum
wage, it would not be a reasonable opportunity of employment.
1 R(U) 9/72
34608 The claimant's personal or domestic circumstances are not relevant when deciding
1
whether an opportunity of employment is reasonable . But they may be relevant
when deciding good cause.
1 R(U) 9/72
34609 - 34610

Trial period
1
34611 Claimants cannot be sanctioned if they are within a trial period (see DMG 34234
34239).
1 JS Act 95, s 20(3) and 20B(3); JSA Regs, reg 74
34612


stoppage
1
34613 The guidance at DMG 34403 - 34404 should be followed .
1 JS Act 95, s 20(1) and 20B(1)

Good cause 34614 34625
Good cause
1
34614 The guidance at DMG 34406 - 34562 should be followed . Unless the employment
in question is a qualifying former employment (see DMG 34596 - 34599) the
2
claimant will automatically have good cause .
1 JSA Regs, reg 72; 2 reg 72(8)
34615 - 34625

Refusal or failure to carry out a
jobseeker's direction
Introduction
34626 JSA is not payable if a claimant has, without good cause, refused or failed to carry
out a JSD. The JSD must be reasonable, taking the claimant's circumstances into
1
account . For general guidance on the length of a sanction, and when it should
begin, (see DMG 34013- 34037). Hardship payments may be made in certain
circumstances. (See DMG 34630 - 34631 for guidance on Back to Work Sessions).
1 JS Act 95, s 19(1), 20A(1), 19(5)(a) and 20A(2)(a)
34627 The JSD must be
1. in writing and
2. given
2.1 by an Emp O and
2.2 with a view to
2.2.a helping the claimant find employed earner's employment or

1
2.2.b improving the claimant's chances of being employed .
1 s 19(10) and 20A(9)(b); JSA Regs, reg 75(4)
1
2. the claimant was given a JSD as in DMG 34627 (see DMG 34632 - 34636)
and
3. the JSD was reasonable, taking the claimant's circumstances into account
and
4. the claimant refused or failed to carry out the JSD (see DMG 34639 - 34642)
and
5. the JSD was given to help them find a specific employed earner’s
employment, the employment in question was not vacant because of a
stoppage of work due to a TD (see DMG 34647) and
6. the claimant does not have good cause for the refusal or failure (see DMG
1
34650 - 34691) .
1 JS Act 95, s 19(1), 20A(1), 19(5)(a), 20A(2)(a), 19(10), 20A(9), 20(1) and 20B(1); JSA Regs, reg 75(4)

Proof
34629 The DM determines whether employment was employed earners employment (see
DMG 26010). The DM has to show that the other conditions in DMG 34628 1. to 5.
are met. The claimant then has to show good cause for the refusal or failure.
Back to Work Sessions
34630 From 6.4.09 claimants can be directed to attend Back to Work Sessions. If Back to
Work Sessions help claimants find employment or improve their chances of finding
1
employment, they should meet the requirement to be a JSD .
1 JS Act, s 19(10)(b)
1
34631 Back to Work Session means a seminar or appointment referred to as a “Back to
Work Session” arranged by or on behalf of the Secretary of State to
1. provide a person who attends with information, support and advice to help
them find employment or
2. improve their chances of finding employment.


Jobseeker's direction 34632 34634
Jobseeker's direction
34632 For guidance on the meaning of an Emp O see DMG 34394.
34633 A JSD in writing will be a document that asks or advises claimants to take a
particular course of action that can help them find employment or improve their
chances of being employed. Examples of JSDs are written directions or requests
from Emp Os to the claimant to
1. attend for interview at a given time at a Jobcentre Plus office or elsewhere

about
1.1 an existing vacancy for a job that the claimant might be able to get or
1.2 a course to help the claimant prepare a curriculum vitae
2. apply for a vacancy advertised in the local press or at a Jobcentre Plus office
3. make a speculative approach to an employer, for example by sending a CV
4. register with a specialist employment agency
5. go to an interview to see if the claimant will be accepted for WBLA
6. attend a course on job search skills
7. go on certain Jobcentre Plus programmes
8. join a job club
9. telephone the Jobcentre Plus office on a certain day from a payphone using a
freephone number, to enquire about vacancies or training programmes
(claimants who live in remote areas and/or those for whom access to the
Jobcentre Plus office is difficult)
10. attend a Back to Work Session.
34634 If an Emp O gives or sends a letter to a claimant asking them to attend at a

Jobcentre Plus office or other place without explaining why, or just tells them to
telephone but does not tell them why this will not be a JSD. The JSD must explain
why the jobseeker is being directed to attend a particular place.
Example
Dear M
When you are claiming Jobseeker's Allowance, you must make suitable efforts to
find a job and put yourself in the best position to get offers of work.
To assist your search for and/or to improve your prospects of being employed, I am
directing you to take the action stated below:
Discuss Work Based Training for Adults (Training for Work in Scotland)
opportunities in hairdressing at your interview with Mr Brown at 10.30am on 3/2/97
at Anytown Training Centre, 5 High Street, Anytown or

Jobseeker's direction 34635 34638
To attend a New Deal Induction day on Tuesday 6 March at the XX, High Street,
Anytown, from 9.45am to 2.00pm or
To attend a basic skills assessment at XX Training Services on Thursday 14/2/02 at

14.00pm or
To attend a Careers Choice pre-induction event at Kent Street Resource Centre on

Wednesday 22/5/02 at 10.30am or
To attend the programme centre at 1 High Street, Anytown on Tuesday 21/5/02 at

11.00am to help and support you in your search and return to work.
If you refuse or fail to carry out this JSD and cannot show good cause for this or that
it is unreasonable in your circumstances, you could lose Jobseeker's
Allowance/National Insurance credits. I will interview you again at (time) on (date) at
the above address to discuss how you got on with carrying out this Direction.
34635 A JSD has to be reasonable, for example a written notice requiring a claimant to use
a public telephone at a specific time would not be reasonable as the phone could be
in use. A reasonable JSD would be to direct a claimant to use a public telephone
within a specific time band.
34636 If an Emp O gives or sends a letter asking the claimant to come to the Jobcentre
Plus office or other place to discuss
1. how to find employment or
2. how to improve their prospects of getting employment
and the claimant does not attend, then the sector DM may also ask the DM to
consider whether the claimant is entitled to JSA because the claimant has failed to
1
attend . The sector DM should decide the entitlement question first.
1 JSA Regs, reg 23, 23A & 25(1)(a)
Claimant does not receive jobseeker's direction
34637 The DM should follow the guidance at DMG 34396, but not the guidance at DMG
34397 because non receipt cannot be taken into account when deciding the period
of the sanction, because the sanction here is for a fixed period.
34638

Refusal or failure
34639 The guidance at DMG 34400 applies if the JSD was to ask the claimant to contact
an employer or a training provider in some way.
Claimants change their mind
34640 If claimants who refuse to carry out a JSD
1. change their minds and
2. can still achieve something by following the JSD and
3. notify an Emp O that they have changed their minds
they have not refused to carry it out.
34641 If claimants who fail to carry out a JSD
1. change their minds and
2. can still achieve something by following the JSD and
3. carry out the JSD
they have not failed to carry it out.
Example 1
On Wednesday, Jane is directed to send her CV to a local employer, which she

does not wish to do. The following Tuesday, she changes her mind. She can still
send her CV to the employer, still carry out the JSD, and still achieve something by
doing so.
Example 2
On Wednesday, Anita is directed to contact an employer who is advertising a job

vacancy in the local press. She does not do so. The following Tuesday she decides
that she would like to apply for the job, and contacts the employer, however the
closing date for applications was Friday. Although Anita can still follow the JSD, she
cannot achieve anything by doing so.
Example 3
John lives in a remote area of Scotland and cannot get into his nearest Jobcentre
Plus office at all during the winter months. The Jobcentre Plus office send him a
letter on Monday telling him to phone them on Thursday between 10am and 11am,
using a freephone number. This is to discuss a ND course that is being run in his
local village hall, starting the following Tuesday.

John is not interested in the course and does not telephone on Thursday as
directed. He changes his mind and telephones on Friday. Even though they will still
be able to discuss the ND course when John rings on the Friday, and it is not too
late to start it, he has not and cannot now follow the JSD because it was time
specific and required him to phone on Thursday between 10am and 11am, which he
did not do.
34642 If
1. claimants change their minds as in DMG 34640 - 34641 after the DM has
imposed sanctions or
2. the DM imposes sanctions without being aware that claimants have changed
their minds as in DMG 34640 - 34641
the sector DM should alert the DM to this change so that he can consider
superseding or revising the original decision in the claimants favour.
34643 - 34646


stoppage
34647 Claimants cannot be sanctioned just because they refuse or fail to carry out a JSD
which was given to help them find employment in a job that is vacant because of a
1
stoppage of work due to a TD (see DMG 34403 - 34404).
1 JS Act 95, s 20(1) and 20B(1)
34648 - 34649
Vol 6 Amendment 2
Good cause - refusal relates to the employment 34650 34653
Good cause - refusal relates to the
employment
34650 A JSD may require a claimant
1. to apply for or
2. take steps to get
a particular employment or type of employment. If so, the claimant will have good
cause for refusing or failing to carry out the JSD if they would have had good cause
for refusing the employment concerned. The DM should follow the guidance at DMG
34406 et seq.
Example
Rupert Stark worked as a painter and decorator five years ago. He then trained as a
furniture restorer, and has worked at this employment for the last four years. He
claims JSA, and agrees with an Emp O that he will look for work only as a furniture
restorer for 13 weeks. After ten weeks, the Emp O issues a JSD which requires Mr
Stark to go on a course to update his painting and decorating skills, as a new
employer is moving into the area and will have 30 vacancies for painters and
decorators. Mr Stark refuses to go on the course. Rupert will have good cause. He
is being asked to take steps (such as joining a training course) to get a particular
type of employment, but he is in his permitted period, and has restricted the type of
employment he is available for to his usual occupation (see DMG 34421).
Employment of less than 24 hours a week
34651 When deciding good cause as in DMG 34650, the guidance at DMG 34424 - 34426
should not be followed. The claimant will not have good cause just because the
employment the JSD was aimed at was for less than 24 hours or 16 hours a week.
Period of a sanction
34652 The guidance at DMG 34459 and DMG 34476 should not be followed as the
sanction for a JSD is for a fixed period.
National minimum wage
34653 A JSD may require a claimant to apply for or take steps to obtain a particular job. If
1. such a job did not pay at least the national minimum wage for the claimant
and

Good cause - refusal relates to the employment 34653 34653
2. the claimant refused to follow a JSD because of that
the claimant would have good cause for not following the JSD.
Note: If claimants refuse to follow a JSD for other reasons, for example the
employment the JSD was aimed at was too far from home, then the fact that the
national minimum wage was not being paid will not give the claimant good cause.

Good cause - refusal relates to the jobseeker’s direction itself 34654 34656
Good cause - refusal relates to the
jobseeker's direction itself
34654 A claimant might refuse or fail to carry out a JSD
1. which was not aimed at any particular employment or type of employment or
2. because they did not want to carry out the JSD itself (rather than having any
objection to the employment or type of employment it may have led to).
The DM should apply the following guidance when deciding good cause in these
circumstances.
Claimants who do not have good cause - income or

outgoings
34655 Claimants do not have good cause if they refuse or fail to carry out a JSD because
of
1. their income or outgoings or
2. the income or outgoings of any other member of their household or
3. the income or outgoings which they or any other member of their household
3.1 would have if they carry out the JSD or

1
3.2 had whilst they carried out the JSD .
Membership of the household is explained at DMG Chapter 22. A person's

outgoings do not include any expenses taken into account as in DMG 34684 and
2
DMG 34686 .
1 JSA Regs, reg 72(6)(a); 2 reg 72(6)(a)
34656 Examples of reasons which are linked to income and outgoings, and which would
therefore not give the claimant good cause, are
1. very high financial commitments
2. a member of the household has very high living expenses
3. the claimant or another member of the household will lose the right to other
benefits etc. which are available to jobseekers.

34657 DMG 34655 does not apply where
1. the claimant has agreed a restriction on the level of pay because the claimant
1.1 is in the permitted period (see DMG Chapter 21) or

1
1.2 has a physical or mental condition (see DMG Chapter 21) or
2
2. DMG 34684 or DMG 34686 applies .
1 JSA Regs, reg 72(7)(a); 2 reg 72(2)(f) & 72(2)(g)
Claimants who do not have good cause - travelling time

34658 Claimants will not have good cause if they refuse or fail to carry out a JSD because
of the time it would normally take for them to travel from their homes to the place
1
mentioned in the JSD and back .
1 reg 72(6)(b)
Exceptions
34659 A claimant may have good cause if any of the following circumstances apply, and
1
the DM should take them into account
1. the travelling time is normally
1.1 one hour or more each way where the claimant is in the first 13 weeks
of entitlement to JSA or
1.2 one and a half hours or more each way where the claimant is outside
the first 13 weeks of entitlement to JSA
by a route and means of travel which is appropriate to the claimant’s

circumstances and to carrying out the JSD or
2. the travelling time is unreasonable because of
2.1 the claimant's health or
2.2 any caring responsibilities the claimant has. (See DMG Chapter 21).
1 reg 72(6)(b)
Each way
34660 If the journey to the place mentioned in the JSD would take one hour or more or one
and a half hours or more, and the journey home would take less than one hour or
one and a half hours (or vice versa), the claimant may have good cause and the DM
should take it into account.
Normally
34661 If a journey normally takes less than an hour or an hour and a half, but may
occasionally take more than an hour or an hour and a half, then the claimant will not
have good cause.

Travelling time
34662 Travelling time
1. includes time spent waiting for transport connections after the journey has
started and
2. does not include time spent waiting between the end of the journey and
starting to carry out the JSD or vice versa, for example because the first
convenient bus or train home leaves a long time after an interview or training
course would end. But if such a delay is very long, then the DM can take it
into account as in DMG 34678 - 34681.
34663 - 34664
Route and means appropriate
34665 A claimant cannot argue that it would take an hour or more or an hour and a half or
more to travel to and from the place mentioned in the JSD by a particular route and
means of transport, if there is another route or means of travel which it is
appropriate to use, which would take less than an hour or an hour and a half.
34666 The DM should decide whether the route and means of travel are appropriate,
taking into account the claimant's circumstances and the JSD in question. If several
means of travelling to and from the place mentioned in the JSD would be available
to the claimant, the DM should consider the costs and convenience to decide
whether any of them would be appropriate.
34667 If other forms of transport are not available, it is reasonable to expect a healthy
person with no disabilities to spend up to an hour each way walking to and from the
place mentioned in the JSD in the absence of any other objections. For example, a
claimant should not have to walk in the dark through a dangerous inner city area.
Health and caring responsibilities
34668 The DM should obtain details of
1. the claimant's health problems and how they affect the claimant's ability to
travel or
2. the extent and nature of the claimant's caring responsibilities (see DMG
Chapter 21), and how they affect the time for which it is reasonable for the
claimant to travel.
The DM should then take all the facts into account and decide whether in view of
the claimant's health or caring responsibilities the journey would take an
unreasonable time.
34669 - 34672

Significant harm to health or unreasonable physical or mental

stress
34673 The DM must take into account when deciding good cause any condition or
personal circumstance of the claimant which shows that carrying out the JSD would
be likely to cause
1. significant harm to the claimant's health or

1
2. the claimant unreasonable physical or mental stress .
The DM should follow the guidance at DMG 34469 - 34471 and DMG 34475.
References in that guidance to “employment” should be read as references to
“carrying out the JSD”.
34674 If a claimant refuses or fails to carry out the JSD because of any religious or
conscientious objection, which the claimant sincerely holds, the DM should take this
1
into account when deciding good cause . The DM should follow the guidance at
DMG 34481 - 34482. References in that guidance to “employment” should be read
as references to “carrying out the JSD”.
1 reg 72(2)(c)
34675 The DM should take into account when deciding good cause any caring
responsibilities (see DMG Chapter 21) which would make it unreasonable for the
1
claimant to carry out the JSD . This is limited to caring responsibilities, and does not
include other domestic duties. The DM should follow the guidance at 34488-34490
References in that guidance to “employment” should be read as references to
“carrying out the JSD”.
1 reg 72(2)(d)
Caring responsibilities for a child

34676 If a claimant has caring responsibilities for a child, in considering whether those
responsibilities would make it unreasonable the DM should have regard to whether
1
1 reg 72(2A)
34677

Travelling time
34678 DMG 34658 - 34668 gives guidance on when the time it would take a claimant to
travel from home to the place mentioned in the JSD and back cannot be good
cause. Subject to that guidance, the DM should take into account when deciding
good cause the time it would normally take the claimant to travel from home to the
place mentioned in the JSD and back by a route and means appropriate to the
1
claimant's circumstances and to carrying out the JSD in question .
1 JSA Regs, reg 72(2)(e)
34679 For guidance on the meaning of
1. travelling time see DMG 34660 - 34662
2. route and means appropriate see DMG 34665 - 34667.

1
34680 DMG 34658 - 34667 does not mean that where normal travelling time from home
to the place mentioned in the JSD and back would exceed an hour or an hour and a
half each way, the claimant must have good cause. But the DM should accept that
the claimant has good cause in such circumstances, unless it would be reasonable
to expect him to undertake a journey of more than an hour or an hour and a half
either way. Some examples of where it may be reasonable for the claimant to travel
for more than one hour or an hour and a half either way include where the claimant
1. previously had regular employment which involved travelling for more than an
hour or an hour and a half either way, and there is no evidence that the
claimant found this unreasonable
2. lives in a remote location in which people usually have long journeys
3. would have to make a journey which takes less than an hour or an hour and a
half in one direction, and only slightly more than an hour or an hour and a half
in the other direction.
1 reg 72(6)(b)
34681 A claimant has good cause if travelling time, of whatever length, would be
unreasonable because of the claimant's
1. health or
2. caring responsibilities (see DMG 34668).
34682 - 34683

Expenses
34684 The DM should take into account when deciding good cause any expenses which
claimants have to meet only for the purpose of carrying out the JSD, if they would
be an unreasonably high proportion of the expected income while carrying out the
1
JSD in question . The expected income will be JSA (and any other benefits etc in
payment).
1 JSA Regs, reg 72(2)(f)
34685 Expenses which can be taken into account include
1. travelling expenses to and from the place mentioned in the JSD by a route
1
and means appropriate to the claimant's circumstances
2. the cost of clothes for attending interviews
3. the cost of a criminal record check (known as a disclosure).

1 reg 72(2)(f)
34686 The DM should take into account when deciding good cause any child care
1
expenses which
1. are or would be necessarily incurred carrying out the JSD and
2. did or would represent an unreasonably high proportion of the expected

income that was or would be received while carrying out the JSD.
1 reg 72(2)(g)
34687 The expenses must be an unreasonably high proportion of the expected income if
good cause is to be shown. Other issues about the claimant's income or outgoings
cannot be taken into account. For example, the claimant cannot show good cause
by arguing that the expenses are unreasonable because the claimant's
1. income would have been the only income the household has or
2. household expenses are particularly high.
proportion of income. Each case must be decided on its own facts. But the greater
the level of income is, the more reasonable it is for the expenses to be a higher
1
proportion of it .
1 reg 72(3)
Reasons not covered by legislation
34689 The DM should
1. consider all matters put forward by the claimant, not just those covered in the
legislation and
2. decide whether or not to take them into account when deciding good cause.

34690 The DM should follow the guidance at DMG 34529 - 34552 so far as it is relevant to
a refusal to follow a JSD. In particular claimants may be able to show good cause if
1. the JSD required them to do something on a particular day and
2. unforeseen circumstances prevented them from doing so on that day.
34691 If claimants refuse or fail to carry out the JSD because they do not believe that it will
help them find employment, they will not usually have good cause. This is because
1. the Emp O will
1.1 have looked at claimants' circumstances before giving the JSD and
1.2 be satisfied that if claimants carried out the JSD it might help them find
employment and
2. the JSD need only be given "with a view" to helping claimants find
1
employment and
3. the DM does not have to prove that carrying out the JSD would have resulted
in claimants finding employment.
Claimants need to produce convincing evidence that carrying out the JSD probably
would not have helped them, if they are to show good cause on this ground.
1 JS Act 95, s 19(10)(b) and 20A(9)
34692 - 34710

Members of Her Majesty’s Forces 34711 34713
Sanctions - members of Her Majesty's

Forces and share fishermen
Members of Her Majesty's Forces
Leaving voluntarily
34711 The DM cannot impose a sanction for leaving voluntarily on serving members of
1
HMF who are discharged at their own request . The DM should accept the
discharge document signed by or on behalf of the Secretary of State as evidence of
2
discharge .
1 SS (Ben) (Members of the Forces) Regs, reg 3(2); 2 reg 3(3)
Misconduct
34712 Serving members of HMF who are discharged, cashiered or otherwise dismissed
because they have been convicted under
1
1. relevant forces legislation or
2. proceedings before any civil court
2
should be treated as if they have lost their employment through misconduct .
1 Naval Discipline Act 57; Army Act 55; Air Force Act 55;
2 SS (Ben) (Members of the Forces) Regs, reg 3(1)
34713 A certificate signed by a person authorized by the Secretary of State which gives
1. confirmation and
2. the date of the
2.1 discharge or
2.2 cashiering or
2.3 dismissal
is conclusive proof, unless it is proved that the person who signed the certificate
1
was not a person authorized by the Secretary of State .
1 reg 3(3)

Members of Her Majesty’s Forces 34714 34716
34714 If serving members of HMF are dismissed otherwise than outlined in DMG 34712,
although the DM cannot treat them as having lost employment through misconduct,
the DM can consider whether they in fact lost their employment through misconduct.
Neglect to avail
34715 The DM cannot impose a sanction for neglect to avail on serving members of HMF
1
who are discharged at their own request . The DM should accept the discharge
document signed by or on behalf of the Secretary of State as evidence of
2
discharge .
1 SS (Ben) (Members of the Forces) Regs, reg 3(2); 2 reg 3(3)
34716

Share Fishermen 34717 34720
Share fishermen
34717 Employment as a share fisherman, even though it is actually self employment, is
1
treated as employment as an employed earner for all the sanctions questions . So
all the sanctions questions can apply to a share fisherman and employment as a
share fisherman. See DMG Chapter 27 for the meaning of share fisherman.
1 JSA Regs, reg 159
34718 - 34720

Training scheme and employment

programme sanctions
Introduction
34721 [See Memo DMG 29/10 Revised] [see DMG memo 08/11] JSA is not payable if
1
claimants are entitled to JSA and have

2
misconduct (see DMG 34734 - 34735) or
2. given up or failed to attend a place on a training scheme or employment

3
programme without good cause (see DMG 34736 - 34747) or
3. after being notified by an Emp O of a place on a training scheme or

employment programme, without good cause (see DMG 34751 - 34752)
3.1 refused or failed to apply for it or

4
3.2 refused to accept it when offered or
4. neglected to avail themselves of a reasonable opportunity of a place on a

5
training scheme or employment programme (see DMG 34757 - 34758) .
Note: See DMG 34394 for the definition of an Emp O.

1 JS Act 95, s 19(1) and 20A(1); 2 s 19(5)(c) and 20A(2)(c); 3 s 19(5)(b)(iii), 19(5)(b)(iv),
20A(2)(b)(iii) & 20A(2)(iv); 4 s 19(5)(b)(ii) and 20A(2)(b)(ii); 5 s 19(5)(b)(i) and 20A(2)(b)(i)
34722 For general guidance on the length of a sanction, and when it should begin, see
DMG 34013 et seq. Hardship payments may be made in certain circumstances.
Meaning of training scheme and employment

programme
34723 The DM must be satisfied that the place which claimants lost, gave up, failed to
attend, refused or neglected to avail themselves of was on a training course or
employment programme. If not, the DM cannot impose a sanction.
Training scheme
1
34724 Training scheme means
1. WBLfYP (England and Wales) or Skillseekers (Scotland) and
2. FTET of NDYP and
3. ND25+ education based
WBLfYP may be known locally by a name other than WBLfYP.

34725 WBLfYP and Skillseekers provide training for young people who
1. have
1.1 reached the minimum school leaving age and
1.2 indicated an intention not to return to FTE after the summer vacation (if
they have completed year 11) and
2. are not attending school or college F/T as a pupil or student and
3. are not in higher education (this includes vacation periods unless they have
said they do not intend to return to higher education) and
4. are not in custody, as prisoners or on remand and
5. are not overseas nationals subject to
5.1 employment or training restrictions and/or
5.2 a time limit on their stay in GB (other than a refugee or asylum seeker)
and
6. are not taking part in any other employment, training or enterprise programme
or scheme provided by the Secretaries of State for Education and
Employment, the Environment or Trade and Industry.
34726 WBLfYP provides help to young people through
1. Modern Apprenticeships (to NVQ level 3 and above using industry agreed
training frameworks)
2. National Traineeships (work based training to NVQ level 2 using industry

agreed training frameworks)
3. other work based training.
Skillseekers provides training for young people up to SVQ level 2.
34727 Most young people on WBLfYP or Skillseekers are in the age range 16-19, though
some may be older. Young people may not stay on WBLfYP or Skillseekers beyond
their 25th birthday. Young people on WBLfYP or Skillseekers can be employees or
trainees, with wages or training allowances. Young people on Modern
Apprenticeships are normally employees. Courses may vary in length and typically
may be around a maximum of two years on National Traineeships and other work
based training or three years on Modern Apprenticeships.
34728 If a person
1. left or
2. was dismissed from or
3. refused or failed to apply for or
4. neglected a reasonable opportunity of

employment under WBLfYP or Skillseekers, the DM may be asked to decide

whether to impose a sanction as in DMG 34060 - 34614.
Employment programme
34729 [see DMG memo 08/11] Only the following programmes are employment
1
programmes
1. Gateway to Work, which is a programme of up to two weeks duration

consisting of advice and assistance on jobsearch activity and development of
jobsearch skills. A course lasting more than two weeks cannot be a Gateway
to Work course unless
1.1 a distinct and separable part of that course is for two weeks or less and
1.2 that part of the course was clearly described in advance to the
jobseeker as being Gateway to Work.
2
2. EZ programme being established for one or more areas, where jobseekers
are assisted in drawing up a structured list of activities which aim to assist the
3
jobseeker to secure employment (see DMG 14600 et seq)
3. the EO(SE) of NDYP4. VSO of NDYP
5. ETFO of NDYP
6. CTF (see DMG 34732 - 34733)
7. IAP of ND25+
4
8. FND
5
Note 1: “week” means any period of seven consecutive days .
Note 2: The above programmes must include all elements in the definitions for
them to be employment programmes.
1 JSA Regs, reg 75(1)(a); 2 EZ Regs 2000, 2003 & 2005; 3 Welfare Reform and Pensions Act 1999 s 60;
4 JSA Regs, reg 75(1)(a)(v); 5 reg 75(2)
EZ - change of address
34730 Where claimants notify the Secretary of State of a change of address that results in
1
them no longer living within an EZ
1. they cannot be sanctioned and
2. any sanction imposed ends.

1 Employment Zones Regs 2000, 2003 & 2005
Flexible New Deal

1
34731 FND means the programme known by that name

1. provided under arrangements made by or on behalf of the Secretary of State

2
under specified legislation and
2. lasting for up to 78 weeks for any individual and
3. consisting for that individual of one or more of the following elements:
3.1 helping to complete an action plan to record the activity that they will
undertake whilst attending the programme in order to improve their
employment prospects or to obtain employment
3.2 a work placement, training or other work-related activity lasting for a

continuous period of at least four weeks
3.3 other work experience or training, guidance, support, motivation,

assistance with job search or in pursuing self-employed earner’s
employment or other activity designed to assist them to select, train for,
obtain and retain suitable employment.
1 JSA Regs, reg 75(1)(a)(v); 2 E & T Act 1973, s 2
Community Task Force

1
34732 The CTF is defined as a programme which lasts for 13 weeks and up to 26 weeks
for any individual who must be at least 18 but less than 25 on the first entry date into
the programme and which includes for that individual work experience and job
search.
1 reg 75(1)(a)(ii)(dd)
34733 Participation in the programme is mandatory for 13 weeks with the option to extend
participation for a further 13 weeks on a wholly voluntary basis. Should the claimant
take up this voluntary extended participation they are no longer be treated as
1
participating in an employment programme for the purposes of sanctions . For
example if a claimant participates in the CTF for 13 weeks but leaves without good
cause at week 14 they cannot be sanctioned.

Misconduct 34734 34735
Misconduct
34734 [see DMG memo 08/11] The DM should follow the guidance on loss of employment
through misconduct (see DMG 34060 - 34199) where it is relevant. References in
that guidance to
1. “the employer” should be read as references to “the training provider, or

employment programme provider”
2. “employment” or “work” should be read as references to “the training place or

the employment programme place”.
34735 The DM should consider the following questions
1. the proof
2. whether the claimant acted or failed to act as alleged. But the DM should
remember that a person dismissed from a training course or employment
programme for alleged misconduct cannot complain to an Employment
Tribunal
3. whether the claimant's acts or omissions were misconduct
4. whether the claimant lost a place on a training scheme or employment

programme through misconduct.

Giving up or failing to attend 34736 34743
Giving up or failing to attend
Burden of proof
34736 [see DMG memo 08/11] The DM has to prove that the claimant gave up or failed to
attend a scheme or programme. The claimant then has to prove good cause or
suffer a sanction. Both of these must be proved on a balance of probabilities.
Evidence
34737 The DM will usually have
1. statements by the training provider
2. statements by the claimant replying to the training provider's statements.
Sometimes there will also be evidence from third parties.
34738 Before imposing a sanction for giving up or failing to attend a scheme or

programme, the DM should be satisfied that claimants have been given an
adequate chance to comment on all the statements made against them.
34739 If fresh allegations are made at a FtT hearing in the claimant's absence, the DM
should normally ask for an adjournment to allow the claimant to attend, or answer
the allegations in writing.
34740 - 34741
Whether the claimant has given up or failed to attend a

scheme or programme
34742 Claimants have given up a scheme or programme when they have left it
prematurely. If they are dismissed from the scheme they have not given it up.
34743 Claimants have failed to attend a scheme even if they intend to go back to it. They
will have failed to attend a scheme if they have an unauthorized absence of just one
day.
Example
Steven was in receipt of JSA and was referred for a 13 week IAP employment
programme. The course commenced at 9.30 am on 15 May 2006. Steven failed to
arrive until 11.00 am and on arrival was informed he was unable to start the course
due to his lateness. A DM imposed a sanction of a fixed period of two weeks on the

Giving up or failing to attend 34744 34750
ground that the claimant’s late arrival at the course amounted to a failure to attend
1
the course for which he did not have good cause .
1 R(JSA) 2/06
Relationship with dismissal
34744 If the scheme or programme provider told the claimant that they would be dismissed
from the scheme or programme at some time in the future, but the claimant left at
once, the claimant has given up a place on and failed to attend the scheme or
programme. They may also have lost that place through misconduct.
Example
Harry Jarvis is on a training programme learning to be a painter and decorator. His

supervisor has told him off ten times in the last six weeks for not doing what he has
been told to do, and taking unauthorized breaks to smoke. On Monday morning, the
supervisor cannot find Harry in the room where he is supposed to be working. Harry
is missing for at least an hour, and when asked why, says that he has been “having
a fag”. The supervisor tells Harry that he can stay on the course until Friday, but
then he is finished. Harry tells the supervisor he is leaving and won't be back. Harry
claims JSA on the Tuesday. Harry has given up a place on and failed to attend his
programme. He may also have lost his place through misconduct.
34745
Claimants who have no scheme or programme
34746 Claimants cannot give up a scheme or programme at a time when they do not have
one. Claimants whose schemes or programmes closed down did not give up a
scheme or programme even if they were offered or could apply for alternative
schemes or programmes. But if they had actually been given a place on another
scheme or programme, and did not go to it, they have failed to attend. If no definite
place was offered on another scheme or programme, the DM may be asked to
consider the questions at DMG 34721 3. and 4..
Good cause
34747 Even if the DM can show that the claimant has given up or failed to attend a place
on a scheme or programme, the DM cannot impose a sanction if the claimant shows
good cause.
34748 - 34750

Refusal of a scheme or programme 34751 34756
Refusal of a scheme or programme

34751 [see DMG memo 08/11] DMs should follow the guidance in DMG 34400 - 34402 to
decide whether the claimant refused or failed to apply for a place on a course or
programme, or refused to accept such a place when it was offered. References in
that guidance to


DMG 34403-34404 are not relevant.
34752 Even if the DM can show that the claimant has refused or failed to apply for a place
on a scheme or programme, the DM cannot impose a sanction if the claimant shows
good cause.
34753 - 34756

Neglect to avail of a scheme or programme 34757 34765
Neglect to avail of a scheme or programme

34757 [see DMG memo 08/11] DMs should follow the guidance in DMG 34601 and DMG
34603 - 34608 to decide whether the claimant neglected a reasonable opportunity of
a place on a training scheme or employment programme. References in that
guidance to


34758 Even if the DM can show that the claimant has neglected a reasonable opportunity
of a place on a scheme or programme, the DM cannot impose a sanction if the
claimant shows good cause.
34759 - 34765

Good cause
[See Memo DMG 11/11]
Disease or physical or mental disablement
34766 [see DMG memo 08/11] Claimants have good cause if they were suffering from
1
some disease or bodily or mental disablement that meant
1. they were not able to attend the training scheme or employment programme
in question or
2. attending the training scheme or employment programme in question would

have put their health at risk or
3. attending the training scheme or employment programme in question would

have put the health of other people at risk.
1 JSA regs, reg 73(2)(a)
34767 Disease is a departure from health that can be identified by its signs and symptoms,
1
an abnormality of some sort .
1 CS 221/49(KL)
34768 The DM may be asked to consider whether or not the claimant was capable of or
available for or actively seeking employment. The DM should decide those
questions before considering the sanction question.
34769 A claimant has good cause if the failure to participate in the training scheme or
employment programme resulted from a sincere religious or conscientious
1
objection . DMs should follow the guidance in DMG 34480 - 34482 to decide
whether the claimant has good cause. References in that guidance to “employment”
should be read as references to “the training place or the employment programme
place”. The DM may be asked to consider whether or not the claimant was available
for employment. The DM should decide that question before considering the
sanction question.
Example
Luigi refuses to enrol on a Jobplan Workshop because he objects to his personal

details being passed to a private company. This does not amount to a conscientious
1
objection .
1 R(JSA) 7/03

Travelling time
34770 Claimants have good cause where the time it would normally have taken for them to
travel
1. from
1.1 their homes to the training scheme or employment programme or
1.2 the training scheme or employment programme to their homes and
2. by a route and means appropriate to their circumstances and to the scheme

or programme
is more than one hour either way. But where there was no appropriate training
scheme or employment programme available within one hour of their homes
claimants will only have good cause where the travelling time was greater than was
necessary in the particular circumstances of the nearest appropriate scheme or
1
programme .
Example 1
Dai Jones, who is 16, lives in a small village in Wales. He refuses to attend a
WBLfYP scheme because it would take him at least 1 hour 20 minutes to get there
by public transport, and 1 hour 20 minutes to get back home. Other young people in
the village attend the same WBLfYP scheme - it is the nearest one to their village.
The DM decides that Dai does not have good cause.
Example 2
Janice Little, who is 16, lives in a small village in Northumberland. She refuses to
attend a WBLfYP scheme because it would take her at least 1 hour 20 minutes to
get there by public transport and 1 hour and 20 minutes to get back home. Other
young people in the village attend a WBLfYP scheme that is only 1 hour away by
public transport, but there are no places left on that scheme, though one is due to
become vacant in two weeks. The DM decides that Janice does have good cause.
34771 DMs should follow the guidance at DMG 34444 (“normally”); DMG 34445 (“travelling
time”) and DMG 34449 - 34453 (“route and means appropriate”). References in that
guidance to



34772 A claimant has good cause for giving up, failing to attend, refusing or neglecting an
opportunity of a place on a training scheme or employment programme if the reason
for doing so was that
1. the claimant had caring responsibilities (see DMG Chapter 21) and
2. no close relative or other member of the household of the person being cared
for was available to care for the person and
3. it was not practical for the claimant to make other arrangements for the care
1
of that person .
1 JSA Regs, reg 73(2)(d)
34773 The DM may be asked to consider whether or not the claimant was available for or
ASE. The DM should decide those questions before considering the sanction
question.
Attendance at court
for doing so was that the claimant was attending court as a witness, juror or party to
1
any proceedings . The DM may be asked to consider whether or not the claimant
was available for or ASE. The DM should decide those questions before considering
the sanction question.
1 reg 73(2)(e)
Arranging or attending a funeral
for doing so was that the claimant was arranging or attending the funeral of a close
1
relative or close friend (see DMG Chapter 21) . The DM may be asked to consider
whether or not the claimant was available for or ASE. The DM should decide those
questions before considering the sanction question.
1 reg 73(2)(f)

Lifeboat crew or part-time firefighter
1
for doing so was that the claimant was
1. crewing or launching a lifeboat or
2. on duty as a P/T member of a fire brigade.
The DM may be asked to consider whether or not the claimant was available for or
ASE.
The DM should decide those questions before considering the sanction question.
2
Note: A P/T member of a fire brigade is
1. in Scotland a P/T fire fighter employed by a fire and rescue authority or a joint
3
fire and rescue board under specified legislation and
2. in England and Wales, a P/T fire fighter employed by a fire and rescue
authority.
1 JSA Regs, reg 73(2)(g); 2 reg 4; 3 Fire (Scotland) Act 2005
Domestic emergencies
1
for doing so was that the claimant had to deal with a domestic emergency . The DM
should consider
1. the nature of the emergency and
2. when the emergency arose and
3. any alternative arrangements the claimant has made and
4. any alternative arrangements the claimant could have made.
The DM may be asked to consider whether or not the claimant was available for or
actively seeking employment. The DM should decide those questions before
considering the sanction question.
1 reg 73(2)(h)
Emergency duties
for doing so was that the claimant was performing duties for the benefit of others in
1
an emergency (see DMG Chapter 21). The DM may be asked to consider whether
or not the claimant was available for or ASE. The DM should decide those questions
before considering the sanction question.
1 reg 73(2)(i)

Health and safety at risk
34779 Claimants have good cause for giving up a place on a training scheme or
employment programme if the reason for doing so was that they
1. would have or
2. would have been likely to have

1
put their health and safety at risk if they had continued to participate in it . The DM
may be asked to consider whether or not the claimant was capable of or available
for employment. The DM should decide those questions before considering the
sanction question.
1 JSA Regs, reg 73(2)(j)
Anti-social behaviour order, community order or community

disposal
for doing so was that it would mean that they would break their anti-social behaviour
order, community order or community disposal taking into account any necessary
travelling time. If the claimant has tried unsuccessfully to get their order or disposal
varied, they would have good cause.
New Deal options
34781 Claimants who commit ND option offences which would otherwise lead to a sanction
will have good cause if, before they commit the sanctionable offence in question, an
Emp O has not given or sent them a written notice
1. mentioning the relevant ND option and
2. warning them that if they
2.1 give up or fail to attend or
2.2 refuse or fail to apply for after being notified of or
2.3 refuse to accept when offered or
2.4 neglect to avail of a reasonable opportunity

1
a place on a ND option then JSA could stop or be reduced .
Note 1: See DMG 34394 for the definition of an Emp O.
Note 2: If a jobseeker
refuses to accept a written notice given by hand then the
DM should ensure that the notice is posted out to the jobseeker.
1 reg 73(2A)

34782 Where the ND option in question is the Emp O or a waged option on ETFO or VSO,
the DM should disregard the level of pay when deciding whether the claimant has
1
good cause .
1 JS Act 95, s 19(9); JSA Regs, reg 75(5)
ND25+ education based

34783 Note: Currently there are no claimants doing qualifying courses under the relevant
1
legislation .
Claimants will have good cause for giving up or failing to attend a F/T ND25+ course
2
if
1. they gave it up or failed to attend it less than four weeks after the first day of
3
the period of study or
2. they gave it up or failed to attend it because they lacked ability or
3. the F/T ND25+ course was not suitable.
4
Note: A week in this paragraph means a period of seven consecutive days .
1 reg 17A; 2 reg 73(2B)(b); 3 reg 4; 4 reg 75(2)
34784 For these purposes a F/T ND25+ course is suitable if it is suitable for the particular
1
claimant, taking into account
1. their personal capacity, for example, to learn, to concentrate
2. their ability or potential to acquire particular skills
3. their preference
4. the level of qualification aimed for
5. the length of the course
6. the proportion of course that the claimant has already completed.

1 reg 73(4)
Example
Joe starts a ND25+ course. The first day of the period of study is 6.7.98. He leaves
the ND25+ course on 3.8.98. He automatically has good cause as he left it less than
four weeks after the first day of the period of study.
ND25+ IAP based
34785 Claimants who commit offences which would otherwise lead to a sanction will have
good cause if, before they commit the sanctionable offence in question, an Emp O
has not given or sent them a written notice
1. referring to the relevant ND25+ IAP and

2.2 refuse or fail to apply after being notified or

1
a place on a ND25+ IAP then JSA could stop or be reduced .
Note 1: See DMG 34394 for the definition of an Emp O.
Note 2: The notification does not need to mention IAP specifically. A notification
referring to “Basic Employability Training” for example is sufficient.
1 JSA Regs, reg 73(2A)
Good cause for employment programme
34786 Claimants who are undertaking a ND25+ education based course will have good
cause for neglecting to avail themselves of, or refusing or failing to apply for, giving
up or failing to attend an employment programme, if they have to attend the
employment programme at a time that will prevent them attending the F/T ND25+
1
course .
1 reg 73(2B)(a)
Flexible New Deal - good cause
34787 From 5.10.09 claimants who commit FND offences which would otherwise lead to a
sanction will have good cause if, before they commit the sanctionable offence in
question, an Emp O has not given or sent them a written notice
1. mentioning the FND and
2.2 refuse or fail to apply for after being notified of or
2.3 refuse to accept when offered or
1
a place on FND then JSA could stop or be reduced .
1 reg 73(2A)
Community Task Force - good cause
34788 Before the claimant commits the sanctionable offence an Emp O must have given or
sent them a written notice
1. mentioning the CTF and
2. warning them that if they without good cause
2.1 neglect to avail themselves of a reasonable opportunity of a place on

the CTF or

2.2 refuse or fail to apply for a place offered to them or
2.3 give up a place or
2.4 fail to attend a place offered to them
1
then JSA could stop or be reduced .
Note: CTF providers are not Emp Os for this purpose. See DMG 34394 for the
definition of an Emp O.
1 JSA Regs, reg 73(2A)
34789 The general rules on good cause which apply to employment programmes (see
DMG 34766 - 34786) will also apply to CTF.
34790
34791 [see DMG memo 08/11] The DM should consider all matters put forward by the
claimant and decide in the light of all the evidence whether or not the claimant had
good cause. The DM can also follow the guidance in DMG 34407 and DMG 34526
34558, so far as it is relevant to training schemes and employment programmes.
Scheme or programme left because of a grievance
34792 All claimants who were on a training course will have been notified of their terms
and conditions in writing when they start training. The information about their
training includes
1. prior learning and assessed needs
2. likely duration of training
3. attendance requirements
4. any agreed support arrangements (for example help with travel costs)
5. details of the qualifications that the course aims to achieve.
34793 All claimants who were on an employment programme will have been given a letter
telling them the dates and times they had to attend, and that they will get travel
expenses. They should also have had a statement of entitlement, telling them what
1. they can expect from the scheme
2. they are expected to do (for example attend every day)
3. the complaints procedure is.
34794 If claimants say that the reason for leaving the training course or employment
programme was that the training or instruction was sub standard, the DM should
find out

1. if they tried to get this put right and
2. how they tried to get it put right.
34795 If the claimant produces evidence from the Careers Service that confirms that the
claimant made a complaint that could be supported, the DM should accept that the
claimant had good cause.
34796 If claimants say that they have followed the grievance procedure and complained to
the training provider or employment programme provider, the DM should arrange for
appropriate enquiries to be sent to them. If the replies show that the Chamber of
Commerce Training & Enterprise, Local Enterprise Council (Scotland), Learning
Skills Council or National Skills Council for Education & Training (Wales) (also
known as Education & Learning Wales), or the Jobcentre Plus District Manager
became involved in the grievance procedure, the DM should arrange for a letter to
be sent to the relevant bodies involved to ask for confirmation of any action that was
taken.
34797 DMs should take into account
1. the claimant's age and experience and
2. the fact that young people may not understand complaints procedures, and
may be too frightened to ask anyone other than their immediate supervisor.
34798 If a claimant has made no attempt to use the grievance procedure, the claimant will
usually be unable to show good cause.
34799 If the claimant says that the Connexions or Careers Service advised leaving the
scheme or programme, the Connexions or Careers Service should be asked for
confirmation and for the reasons for their advice. If the DM is still in doubt about
whether the claimant had good cause, enquiries should be made of the appropriate
Chamber of Commerce Training & Enterprise, Local Enterprise Council (Scotland),
Learning Skills Council or National Skills Council for Education & Training (Wales)
(also known as Education & Learning Wales), or Jobcentre Plus District Manager as
to whether
1. their monitoring of the scheme or programme involved is up to date and
2. they consider the claimant's allegations well founded.
34800 Good cause should be accepted if
1. the training or employment programme agreed was not being followed and
2. the claimant tried to resolve the problem by a reasonable approach to
2.1 the organisation involved or
2.2 the Connexions/Careers Service or

2.3 the Chamber of Commerce Training & Enterprise, Local Enterprise

Council (Scotland), Learning Skills Council or National Skills Council for
Education & Training (Wales) (also known as Education & Learning
Wales) or
2.4 Jobcentre Plus District Manager or local Jobcentre Plus office.
34801 Guidance on Connexions and Careers Service is at DMG 30531.
34802 - 34810
Person doing other training or part time study
34811 If claimants are studying P/T to help their chances of getting work or advancing their
careers, they usually have good cause for refusing or neglecting a reasonable
opportunity of a place on a training scheme or employment programme. But the DM
should take into account the type of course and hours of attendance. If the claimant
1. was going to college etc for only a few hours a week (for example to prepare
to re-sit exams which had been failed) and
2. could arrange to go to college etc in the evening
the claimant will not have good cause. But the claimant will have good cause if it is
necessary to go to college etc frequently to complete a specific course to improve
the chances of getting work. Where a claimant is doing other training or part time
study, a doubt about availability may arise. This question should be decided before
the DM considers the sanction question, if it is referred for a decision.
34812 - 34850

Young people
Introduction
34851 Sanctions for
1
1. losing employment through misconduct
2
2. leaving employment voluntarily without just cause
3
3. losing a place on a training scheme through misconduct
apply to young people in the same way that they apply to other claimants. But if the
young person has lost a training scheme through misconduct, JSA is payable at a
reduced rate for the period of the sanction (see DMG Chapter 30).
1 JS Act 95, s 19(6)(a) and 20A(2)(d); 2 s 19(6)(b) and 20A(2)(e); 3 s 19(5)(c) and 20A(2)(c)
34852 Sanctions for

1
1. refusing employment without good cause
2
2. neglecting a reasonable opportunity of employment without good cause
3
3. refusing or failing to carry out any reasonable JSD without good cause
4. giving up or failing to attend a place on a training scheme without good

4
cause
5
5. refusing a place on a training scheme without good cause
6. neglecting a reasonable opportunity of a place on a training scheme without

6
good cause
apply slightly differently to young people. The differences are explained in DMG
34856 - 34871. Also, JSA is payable at a reduced rate for the period of a sanction
(see DMG Chapter 30).
Note: JSA is paid at a reduced rate for two weeks only, and is then paid at full rate.
If a DM imposes a sanction of less than two weeks, JSA is still paid at a reduced
rate for two weeks.
1 s 19(6)(c) and 20A(2)(f); 2 s 19(6)(d) and 20A(2)(g); 3 s 19(5)(a) and 20A(2)(a);
4 s 19(5)(b)(iii), 19(5)(b)(iv), 20A(2)(b)(iii) & 20A(2)(b)(iv); 5 s 19(5)(b)(ii) and 20A(2)(b)(ii);
6 s 19(5)(b)(i) and 20A(2)(b)(i)

Meaning of young person

1
34853 In this Chapter of the DMG a young person means a person
1. who is at least 16 but has not yet reached the age of 18 and
2. who
2
2.1 does not satisfy the contributions conditions for JSA(Cont) or
3
2.2 has had their 182 days of JSA(Cont) .
4
3. who is not excluded from IS or JSA under relevant legislation after leaving
the care of a LA.
1 JSA Regs, reg 57(1); 2 JS Act 95, s 2; 3 s 5(1); 4 The Children Leaving Care Act 2000, s. 6
34854 - 34855
Young people who have a severe hardship direction in

force
34856 If the Secretary of State has issued a severe hardship direction for a young person,
sanctions in respect of a JSD or training scheme cannot be applied if that young
1
person has acted in such a way to risk
1. having the hardship direction revoked because of failing to pursue a chance

2
of getting training without good cause
2. having the hardship direction revoked because of rejecting an offer of training

3
without good cause
3. having JSA reduced because of failing to complete a course of training and

the Secretary of State has not issued a certificate saying there was good
4
cause .
1 JS Act 95, s 20(2) and 20B(2); 2 s 16(3)(b)(i); 3 s 16(3)(b)(ii); 4 s 17
34857 Young people who have had severe hardship directions issued by the Secretary of
State will have decisions made by the Secretary of State (a specialist team within
Jobcentre Plus Head Office) if they do any of the things mentioned in 34856 1. to 3.
34858

Good cause
Good cause for training schemes
34859 In addition to the reasons given in DMG 34766 - 34811 young people also have
good cause for
1
1. giving up a place on a training scheme and
2
2. failing to attend a place on a training scheme and
3
3. refusing a place on a training scheme and
4
4. neglecting a reasonable opportunity of a place on a training scheme
5
if the conditions in DMG 34860 are met .
1 JS Act 95, s 19(5)(b)(iii) and 20A(2)(b)(iii); 2 s 19(5)(b)(iv) and 20A(2)(b)(iv);
3 s 19(5)(b)(ii) and 20A(2)(b)(ii); 4 s 19(5)(b)(i) and 20A(2)(b)(i); 5 JSA Regs, reg 67(1)
1
34860 The conditions are that
1. this is the first time that the young person has, without good cause, committed
one of the sanctionable offences listed at 34859 1. to 4. and
2. the young person has not
2.1 failed to complete a course of training, without a certificate being

2
issued or
2.2 whilst claiming JSA and having a severe hardship direction in force
2.2.a failed to pursue an opportunity of getting training without good

cause or
2.2.b rejected an offer of training without good cause and
3. at the time the young person
3.1 acted as in 34859 2., 3. or 4. the young person was a new jobseeker or
3.2 first attended the scheme, if a place on a training scheme was given up
without good cause, the young person was a new jobseeker.
1 reg 67(1); 2 JS Act 95, s 17(4)
Example
Matthew Jameson refuses to go on a WBLfYP scheme and gives no reason for his
refusal. He previously left a WBLfYP scheme where he was training to be a
hairdresser because the shampoos and perm solutions made his eczema worse,
and his GP advised him to leave. The DM decided that he had good cause because
of the GP's advice. Matthew satisfies all the conditions 1. to 3. so has good cause
for refusing to go on the WBLfYP scheme.

Meaning of new jobseeker
1
34861 New jobseeker means a young person who has not, since first leaving FTE
1. been employed or S/E for 16 or more hours per week or
2. completed a course of training or
3. if a severe hardship direction is in force, failed to complete a course of

2
training, without a certificate being issued or
3
4. given up a place on a training scheme without good cause or
4
5. lost a place on a training scheme through misconduct .
1 JSA Regs, reg 67(3); 2 JS Act, s 17(4); 3 s 19(5)(b)(iii) and 20A(2)(b)(iii); 4 s 19(5)(c) and 20A(2)(c)
34862 - 34868
Good cause for refusing employment or neglecting a

reasonable opportunity of employment
34869 In addition to the reasons given in DMG 34766 - 34811 young people also have
good cause for
1
1. refusing employment and
2
2. neglecting to avail themselves of employment

3
if the conditions given in DMG 34870 are met .
1 s 19(6)(c) and 20A(2)(f); 2 s 19(6)(d) and 20A(2)(g); 3 JSA Regs, reg 67(2)
1
34870 The conditions are that
1. the employer did not offer suitable training and
2. the young person is not laid off or on short time and is available as in DMG
2
Chapter 21 and
3. the young person has not accepted a firm offer of enlistment in the Armed
3
Services to start within 8 weeks as in DMG Chapter 30 and
4
4. the young person's JSA has not been reduced by a severe hardship direction
5
or because of a sanction because the young person has
6
4.1 given up a place on a training scheme without good cause or
7
4.2 failed to attend a place on a training scheme without good cause or
8
4.3 refused a place on a training scheme without good cause or
4.4 neglected a reasonable opportunity of a place on a training scheme

9
without good cause or
10
4.5 lost a place on a training scheme through misconduct or

11
4.6 refused employment without good cause or
4.7 neglected a reasonable opportunity of employment without good

12
cause and
5. the young person has not been sanctioned for

13
5.1 leaving employment voluntarily without just cause or
14
5.2 losing employment through misconduct .
1 JSA Regs, reg 67(2); 2 reg 61(1)(a); 3 reg 61(1)(f); 4 reg 63; 5 reg 68;
6 JS Act 95, s 19(5)(b)(iii) and 20A(2)(b)(iii); 7 s 19(5)(b)(iv) and 20A(2)(b)(iv);
8 s 19(5)(b)(ii) and 20A(2)(b)(ii); 9 s 19(5)(b)(i) and 20A(2)(b)(i); 10 s 19(5)(c) and 20A(2)(c);
11 s 19(6)(c) and 20A(2)(f); 12 s 19(6)(d) and 20A(2)(g): 13 s 19(6)(b) and 20A(2)(e);
14 s 19(6)(a) and 20A(2)(d)
Meaning of suitable training
1
34871 Suitable training is training that is suitable for the particular young people, taking
into account
1. their personal capacity, for example, to learn, to concentrate
2. their ability or potential to acquire particular skills
3. their preference
4. the preference of the training provider
5. the level of approved qualification aimed for
6. the duration of the training
7. how near the training is to their home
8. whether the training can be made available to the claimant quickly.

34872 - 34950

Both members of a joint claim couple are sanctioned 34951 34955
Amount of JSA payable to a joint claim

couple
Both members of a joint claim couple are
sanctioned
34951 [See Memo DMG 11/11] If both members of a joint claim couple are sanctioned
(including a CTF offence), JSA is not payable for the period for which they are both
1
sanctioned .
1 JS Act 95, s 20A(5)(a)
1
34952 However in some circumstances JSA is payable if the couple are a couple in
2
hardship (see DMG Chapter 35) but JSA is
1. not payable for the first 14 days of the sanction period and
2. payable only where the conditions of entitlement to joint-claim JSA are

satisfied or where one member satisfies those conditions and the other
3
member is not required to satisfy them .
1 s 20B(4); 2 JSA Regs, reg 146D(5); 3 Sch A1
34953 - 34955

One member of a joint claim couple is sanctioned 34956 34999
One member of a joint claim couple is

sanctioned
34956 Where only one member of a joint claim couple is sanctioned, a reduced amount of
1
JSA is payable to the member of the couple who is not sanctioned .
Note: The reduction should also be applied where one member of a joint claim
2
couple has been sanctioned for failure to attend (see DMG Chapter 20).
1 JS Act 95, s 20A(5)(b) & s 20A (7); JSA Regs, reg 74B(2); 2 reg 27A
1
34957 The amount payable is
1. where the member of the couple not sanctioned is entitled to JSA(Cont), the
2
personal rate (see DMG Chapter 23) or
2. where the couple are a couple in hardship, the applicable amount subject to
3
the hardship reduction (see DMG Chapter 35) or
4
3. where the couple do not fall under 1. or 2., the applicable amount (see DMG
Chapter 23), but calculated as if the member of the couple not sanctioned
was a single claimant.
1 reg 74B(3); 2 JS Act 95, s 4(1); 3 JSA Regs, reg 146G; 4 JS Act 95, s 4(3A); JSA Regs, Sch 1, para 1(1)
34958 - 34999

People the Secretary of State has authorized as Employment Officers
(DMG 34394) Chapter 34 Appendix 1
Appendix 1
People the Secretary of State has authorized
as Employment Officers (see DMG 34394)
Careers advisers
The Secretary of State has authorized people who work in the Careers Service or
Connexions giving careers or employment advice as EmpOs for the purpose of
1. notifying places on training schemes and employment programmes (see

DMG 34721) and
2. notifying situations in employment (see DMG 34394).
ONE
The Secretary of State has authorized people who work for
• LAs who are participating in the ONE service
• Action for Employment Ltd
• Deloitte Consulting PLC
• The Reed Partnership Ltd
where they are employed to give training or employment advice to claimants as part
of the ONE service as Emp Os. They can
1. notify places on training schemes and employment programmes (see DMG

34721) and
2. notify situations in employment (see DMG 34394).
EZs 2000
The Secretary of State has authorized people who work for
• Working Links (Employment) Ltd
• Reed in Partnership (Newham) Ltd
• Reed in Partnership (Haringey) Ltd
• Reed in Partnership (Liverpool and Sefton) Ltd
• Reed in Partnership (Doncaster) Ltd
• Pertemps Employment Alliance Ltd
in a 2000 EZ as Emp Os. They can

People the Secretary of State has authorized as Employment Officers
(DMG 34394) Chapter 34 Appendix 1.1

34721) and
2. notify situations in employment (see DMG 34394) and
3. give a JSD (see DMG 34632).
EZs 2003
The Secretary of State has authorised people who work for
• Reed in Partnership Ltd
• Work Directions UK Ltd
in a 2003 EZ as Emp Os. They can

34721) and
Working Neighbourhoods EZs
The Secretary of State has authorised people who work for
• Reed in Partnership Ltd
in a Working Neighbourhoods EZ as Emp Os. They can

34721) and

List of areas where Community Task Force operates Chapter 34 Appendix 2
Appendix 2
List of areas where Community Task Force
operates
Phase 1 from 26.4.10
1 Ayrshire, Dumfries, Galloway & Inverclyde

Edinburgh, Lothian & Borders
Lanarkshire & East Dunbartonshire
2 North East Yorkshire & the Humber

Tees Valley
3 Greater Manchester Central

Greater Manchester East & West
4 Derbyshire
South Yorkshire
5 South East Wales

North & Mid Wales
6 Coventry & Warwickshire,

The Marches
Staffordshire
7 Leicestershire & Northamptonshire

Nottinghamshire
8 Cambridgeshire & Suffolk

Lincolnshire & Rutland
Norfolk
9 Birmingham & Solihull
10 Black Country
11 South Wales Valleys

South West Wales
12 Central London
Lambeth, Southwark & Wandsworth
13 Kent, Surrey & Sussex
14 Devon & Cornwall

Chapter 34 - Sanctions: Sanctions - Introduction and Period

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Chapter 34 - Sanctions: Sanctions - Introduction and Period

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Contents

Claimants who get a training allowance ...................................................... 34004

New Deal for Young People ........................................................................ 34005

Community Task Force................................................................................ 34006

More than one sanctionable offence committed.......................................... 34007

Meaning of benefit week.............................................................................. 34008

Entitlement ceases before sanction decision made .................................... 34010

Fixed period sanctions

When fixed period sanctions apply .............................................................. 34013

Length of a fixed period sanction................................................................. 34014

One week................................................................................................ 34015

Two or four weeks .................................................................................. 34016

Gateway to work ..................................................................................... 34019

Community Task Force sanction for 13 weeks ........................................... 34022

Community Task Force sanction brought to an end early........................... 34024

New Deal sanctions for 26 weeks ............................................................... 34025

ND25+ IAP based sanctions........................................................................ 34029

Flexible New Deal sanctions for 26 weeks .................................................. 34033

Re-engagement following a sanction ......................................................... 34034

When a fixed period sanction starts ............................................................ 34036

Sanctions of discretionary length

When sanctions of discretionary length apply ............................................. 34040

Length of the sanction ................................................................................. 34041

Employment would not have lasted 26 weeks ....................................... 34048

Claimant loses entitlement to JSA whilst sanctioned ............................. 34049

Vol 6 Amendment 33 February 2011

Vacancy is filled before the DM considers the case............................... 34050

Days to be deducted from the sanction period....................................... 34051

When sanctions of discretionary length start............................................... 34054

Employment lost through misconduct

Introduction .................................................................................................. 34060

Relationship with trade dispute, redundancy and unfair dismissal

Trade dispute............................................................................................... 34065

Unfair dismissal ........................................................................................... 34068

Employment Tribunal’s finding of facts................................................... 34071

Evidence ...................................................................................................... 34077

Giving the claimant a chance to comment................................................... 34080

Whether the claimant acted or failed to act as alleged

Claimant prosecuted.................................................................................... 34085

Claimant acquitted ....................................................................................... 34086

Reports of court or employer’s hearings...................................................... 34087

Hearsay and eye-witness evidence............................................................. 34091

Whether the claimant’s conduct was misconduct ............................... 34105

Misconduct outside employment ................................................................. 34111

Instructions not obeyed................................................................................ 34117

Failure to follow rules and regulations ......................................................... 34118

Trade union membership and activities....................................................... 34120

Health and safety......................................................................................... 34126

Refusal to do work ....................................................................................... 34128

Refusal to work overtime ............................................................................. 34139

Refusal on grounds of religion or conscience ............................................. 34145

Negligence and inefficient work ................................................................... 34149

Driving offences and road accidents ........................................................... 34158

Unauthorized absence and lateness ........................................................... 34168

Looking for other work ............................................................................ 34170

Vol 6 Amendment 33 February 2011

Notification of absences ......................................................................... 34173

Offensive behaviour..................................................................................... 34178

Dishonesty ................................................................................................... 34185

Whether misconduct caused the loss of employment .......................... 34193

Voluntarily left employment without just cause

Introduction ................................................................................................ 34220

Relationship with trade dispute ............................................................... 34223