ESA Joint Claimant - Do I need to accept offer former employer who fired me

I'm on my Partner's ESA as a Joint Claimant (due to Low Income, lost my job this week)

My employer fired me on the day for poor performance (and I suspect, for setting up a web design website.)

He called and offered me my job back and want to meet on Monday to discuss bringing me back.

However, I don't feel comfortable working there again after being fired because he has argued and sworn on the phone with me, said my skills are crap, etc. We have a small team so I'm worried everybody will know what has happened and not work well with me.

My family are scared I'll be let go easily again and want me to just find a more secure job.

If I refuse his job offer and he contacts JSA / ESA, will it affect my ESA claim?

- I worked there for less than a year, so he didn't give me written reasons why he fired me, and I have no proof of how he spoke to me on the phone, except my partner who heard the call, as the call was on loudspeaker.

What do I do, I don't want to go back but I need the money from being on my partner's ESA claim to pay our bills. :(

Please help!
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Comments

  • NYM
    NYM Posts: 4,066
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    Go to the meeting and see what he proposes. You've nothing to lose.
  • I'm_very_scared
    I'm_very_scared Posts: 3 Newbie
    edited 6 November 2016 at 10:40AM
    Thank for your advice, NYM.

    However, I really don't feel comfortable working there again after everything which has happened.

    My concern is whether our benefits will be stopped as a results of not accepting the job offer.

    I'm now a joint claimant on my partner's ESA claim until I find a new workplace

    Our concerns are as follows:

    1. We fear I'll easily be let go again
    2. I fear the rest of my team will have mixed feelings, as others have been let go before and not given a second chance
    3. My partner would rather I start fresh somewhere and find a job with more security, e.g. written and verbal warnings prior to dismissal, etc - I had none of this when I was dismissed

    However, I can't refuse the offer if it means our ESA will be suspended / sanctioned

    So the information I require is how refusing a job offer from my former employer would affect my joint claim for ESA. Is it the same rules as JSA?

    I fully intend to find another job, I'm rapidly applying for jobs now, however I have no holidays left so couldn't attend interviews if I go back.

    Thanks,
  • pmlindyloo
    pmlindyloo Posts: 13,049
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    So your husband is the claimant for ESA?

    How many hours were you working?

    Were you receiving any ESA or was it a NI credits only claim?

    Basically as you are not the claimant you just need to report a change of circumstances if the ESA claim is still open. You would not be sanctioned for being dismissed from your job.
  • sportsarb
    sportsarb Posts: 1,069
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    Joint claims do not exist for ESA, your partner is the claimant and they claim for you, I don't point that out to nitpick but because it is relevant.

    On a JSA joint claim, both members have equal responsibility to fulfil their obligations, either can be sanctioned individually.

    Labour market decisions do not exist for ESA, hopefully never will, so for both that reason and the fact that your partner didn't do anything wrong (I'm not saying you did either FWIW) means this will have little effect. Just let them know of the change of circs.
  • You don't have to take the job - the ESA claim won't be effected.
  • poppy12345
    poppy12345 Posts: 17,815
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    Sorry but a Newbie here,
    I am looking to start a new thread/post reference to something I have un-covered with the help of a whistle blower & Doctor due to what happened to a family friend which after further investigation we have uncovered what we can only describe as a scam by the DWP/Health assessment advisory service and the Government. Needless to say we have set up a website and Campaign to make people aware of this along with trying to raise funds to help all those that this is effecting, of which there are many now coming forward.
    I am referring to people on benefits (jsa) who due to illness (not fit for work) after 13 weeks have to go on to ESA with a medical certificate which states "Not fit for work" then (around 1 month) have to go for an Health Assessment and after an examination which in this case was in an office and being told 1: Stand up, sit down. 2: Stand up and bend over to reach your toes. 3: Lift arms above your head. 4: Lift both legs up. ! That was the examination. He then received a letter saying his ESA has been superseded (over ruled) and is fit for work! Even though he is not and no further money paid, he has 1 month to appeal. Please go to gf.me/u/be425a for the full story. We are compiling a list of people this has happened to hence our website and campaign to stop very sick people who are NOT fit for work being over ruled just to fudge the un-employment figures and save money for the government. We are looking to seek compensation as peoples lives are being put at risk fact.

    Sorry if this is in the wrong place but would love to start a new thread about this but cannot see how to do this. kind regards Anne
    First of all i think you need permission from MSE to post asking for donations!??!! This is a forum for people who need advice not for those wanting donations.
    Secondly there's more to ESA than what you stated above. It's about what you CAN do not what you CAN'T. Many people are assessed as "fit for work" makes no difference if someones GP says they're unfit for work. It's the claimants responsibility to prove they're unfit for work. I have reported your thread because i think it's wrong coming on forums asking for donations the way you have, sorry.
  • poppy12345
    poppy12345 Posts: 17,815
    First Anniversary First Post Name Dropper
    Forumite
    Sorry but a Newbie here,
    I am looking to start a new thread/post reference to something I have un-covered with the help of a whistle blower & Doctor due to what happened to a family friend which after further investigation we have uncovered what we can only describe as a scam by the DWP/Health assessment advisory service and the Government. Needless to say we have set up a website and Campaign to make people aware of this along with trying to raise funds to help all those that this is effecting, of which there are many now coming forward.
    I am referring to people on benefits (jsa) who due to illness (not fit for work) after 13 weeks have to go on to ESA with a medical certificate which states "Not fit for work" then (around 1 month) have to go for an Health Assessment and after an examination which in this case was in an office and being told 1: Stand up, sit down. 2: Stand up and bend over to reach your toes. 3: Lift arms above your head. 4: Lift both legs up. ! That was the examination. He then received a letter saying his ESA has been superseded (over ruled) and is fit for work! Even though he is not and no further money paid, he has 1 month to appeal. Please go to gf.me/u/be425a for the full story. We are compiling a list of people this has happened to hence our website and campaign to stop very sick people who are NOT fit for work being over ruled just to fudge the un-employment figures and save money for the government. We are looking to seek compensation as peoples lives are being put at risk fact.

    Sorry if this is in the wrong place but would love to start a new thread about this but cannot see how to do this. kind regards Anne
    After reading your fundraiser page i have to ask a question....what on earth do you mean claim JSA for 13 weeks then have to apply for ESA??? That is not how it works! Also ESA assessment is NOT a medical to start with! it's an assessment to see if a person is fit to do any type of work! Your spelling is terrible! I got so bored halfway through i actually skipped a lot of it. My vertict....SCAM! pure and simple, scam!
  • Hello, thank you for your message, as you can see we are NOT asking for money on here as it states For the Full Story ONLY.
    Clearly you can see we are trying to help the Sick and Vulnerable people here who the Government are putting people lives at risk, yes there is more to what is stated here hence referral to the Full Story, which again not everything can be said due to legal reasons and pending further action being taken.
    Facts are Facts and we have the evidence along with a Doctor/Whistle Blower and others now coming forward.

    Regards Anne (British OAP)
  • Government Details:

    If you are sick and not fit for work you can keep claiming JSA if you have:
     two short periods of sickness of up to 14 days in any jobseeking period, or
    within each successive 12-month period if your jobseeking period lasts longer
    than 12 months, or
     a third or longer period of sickness of up to 13 weeks in a fixed 12-month
    period starting from the first date of your sickness. We call this an “Extended
    Period of Sickness”. You must have medical evidence if you are sick for
    longer than two weeks, and you can only have one Extended Period of
    Sickness in any 12-month period.

    13 weeks then on to ESA , I rest my case
  • So a Lawyer, A Doctor, A Whistle Blower and Many others are all Scammers are we.

    I wonder who you work for?

    There is always one who does not like somebody trying to do good and help those that need it!

    Anne
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