HC Deb 09 March 1970 vol 797 cc219-20W
Mr. Oakes

asked the Secretary of State for Social Services what rules are applied by his officers to determine what is industrial misconduct and whether it has in fact occurred; and what criteria are applied where the insurance officer suspends payment of unemployment benefit.

Mr. Ennals

In considering a claim to unemployment benefit an insurance officer must take into account all the circumstances of the particular case and is guided by decisions given by the Commissioners from time to time. The Com- missioner has recently stated that misconduct means conduct inconsistent with a person's obligations under his contract of employment.

Each case is considered on its merits, and in considering the disqualification provisions of the Act and the extent of the disqualification imposed, insurance officers exercise their discretion judicially, taking into account any mitigating circumstances.

Mr. Oakes

asked the Secretary of State for Social Services how many persons during 1969 appealed against the decision of the insurance officer to suspend unemployment benefit on grounds of industrial misconduct; and how many appellants were successful before local tribunals.

Mr. Ennals

In 1969, 4,833 persons appealed against decisions of insurance officers disqualifying them for unemployment benefit on the grounds of industrial misconduct. In addition, 483 claims were referred by insurance officers to local tribunals for determination. Of the total of 5,316, 1,473 decisions were in favour of the claimants.

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