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Benefit entitlement if sacked - info please!
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# 1
alibunny
Old 05-04-2008, 12:25 AM
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Default Benefit entitlement if sacked - info please!

Currently a part-time working mum. Present job indicated that i'd work 20 hours weekly - employer putting the pressure on to cover holidays which would mean effectively working half of the year full time, or more, which i simply cannot do due to family commitments. My contract is the usual - "needs of the business" rubbish therefore should i not comply, which i can't then i reckon a p45 will be heading my way very soon.

I have spoken to my manager that i cannot commit to such hours, my childcare (mum and mum-in-law) help out whenever they can, and to be honest i only want to work the set hours so i can spend time with my cherubs and do not want to be calling the family every day to let them know i'm going to be late or having to work weeks on end full time - which i am at present.

If i leave i know i will not be entitled to benefits for approx 26 weeks. If i were to be sacked, what benefits would i be entitled to and how would i go about it. Checked out DWP site and job seekers allowance looks like the benefit i may be entitled to if i were sacked, but it mentioned something about reduced entitlement if looking after children.

I would prefer for my employment to be terminated which would allow me to be entitled to some sort of benefits whilst locating another job or essentially becoming a stay at home mum.

My husband works, however we could not afford for me to leave my job with the prospect of not finding another job immediately. I am at my wits end as to what to do. I have always worked and have never claimed any kind of benefits previously, but my family are really peeved about all the extra hours i've had to put in and i'm really missing spending quality time with my cherubs.

I feel that the best course would be to "get sacked" - have been job hunting for over 2 months for employment which would allow me to work yet spend time with my cherubs, but it is proving most difficult to find child friendly hours. I want to work, but know that something has got to give as my present situation is causing severe strains on all family relationships.

Any advice ? What would be the best way to get sacked without looking too bad on an impeccable c.v ? Can't believe i'm even typing this, but any advice is most welcome.
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# 2
alison999
Old 05-04-2008, 10:54 AM
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no matter how you get sacked it will always look bad to future employers. have you been to citizens advice or asked at the job center? im sure they deal with this quite a lot
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# 3
dmg24
Old 05-04-2008, 3:34 PM
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In the circumstances described, I cannot see that they would have grounds to dismiss you, as you have not actually done anything wrong (on the assumption that you are fulfilling your contracted hours).

If it is a case that your position is no longer viable, in that they need someone with more flexibility, it may be possible to come to a compromise with them, and either resign (if you wished to) or sign a compromise agreement.

If you are dismissed, or have to leave due to your position being untenable, you will be given the opportunity to explain to the JCP why this situation has occurred. They will check that your version of events matches with that of the employer. If they accept it as a valid reason, then you will be able to receive JSA without any sanction being applied. If they do not, then they can apply a sanction of up to 26 weeks.

Being sacked does not always have to look bad, it all depends on the circumstances around the dismissal. Many employers accept that other employers can be quite unreasonable.

Your entitlement to JSA will depend on you having paid sufficient NI Contributions. If you have not paid sufficient Contributions, you are unlikely to qualify for income based JSA due to your husbands income.

Should you wish to be a stay at home mum, you are unlikely to receive any welfare benefits (except Tax Credits, if you are eligible) as these would be based on your husbands income.

Any change in income should also be notified to HMRC for your Tax Credits to be adjusted.
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# 4
CarolynH
Old 05-04-2008, 4:40 PM
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dmg, I agree with alost everything you say about JSA. But I'm unsure the OP with be able to apply for it an any case, as (I'm guessing) she'd be looking for another part time job - to claim JSA don't you need to be 'available for, actively seeking and capable of full time employment' ?
Make a list of important things to do today. At the top, put 'eat chocolate'. Now, you'll get at least one thing done today.
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# 5
dmg24
Old 05-04-2008, 4:59 PM
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Quote:
Originally Posted by CarolynH View Post
dmg, I agree with alost everything you say about JSA. But I'm unsure the OP with be able to apply for it an any case, as (I'm guessing) she'd be looking for another part time job - to claim JSA don't you need to be 'available for, actively seeking and capable of full time employment' ?
But does she have to tell the JCP that she doesn't intend to work 40 hours a week?! In theory, the OP is available for 40 hours each week, and that is all that matters in order to be entitled. Whether she intends to work that many hours is something that she may or may choose to disclose.
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# 6
CarolynH
Old 05-04-2008, 5:15 PM
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Quote:
Originally Posted by dmg24 View Post
But does she have to tell the JCP that she doesn't intend to work 40 hours a week?! In theory, the OP is available for 40 hours each week, and that is all that matters in order to be entitled. Whether she intends to work that many hours is something that she may or may choose to disclose.
No. However if in the next breath you tell them that you left your last job beacuse they wanted you to work more that 20 hours per week and you couldn't ...........!!!!
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# 7
alibunny
Old 05-04-2008, 10:25 PM
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Thanks for the advice. Will contact CAB this week. Checked my contract - 20 hours plus the needs of the business. However at the interview they did not mention that i would be covering holidays for all branches, therefore effectively working most of the year full time and my employer was fully aware that i have 3 kids. Will see how things pan out, but in the meantime looking for alternative employment as this would seem to be the best solution rather than being sacked. Completely unaware of how JSA worked, so the handy tips regarding hours etc will come in handy should i need to visit the job centre. Thanks again !
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