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An Employment Tribunal would be making a finding on either unfair dismissal, which is often mainly about the way in which the dismissal was handled, or wrongful dismissal, which is whether any breach of contract by the employee is so severe as to warrant instant dismissal without notice. Neither of these is necessarily on the point that is being dealt with in JSA matters. A dismissal, in certain circumstances, can be wrongful or unfair but still be for misconduct.
The decision of an Employment Tribunal, though it may be valuable evidence, does not bind on JCP decision makers or social security tribunals, because they are not using the same law and not deciding the same thing. I have never heard of, nor can I imagine, the principle to which you refer applying. It sounds like a sort of version of the principle in benefit overpayment cases, that recovery should not be made from the claimant while he is pursuing an appeal about the fact of the overpayment or its recoverability. That is certainly the case; but then the DM and the appeal are within the same legal framework.
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