IMPORTANT! This is MoneySavingExpert's open forum - anyone can post

Please exercise caution & report any spam, illegal, offensive, racist, libellous post to forumteam@moneysavingexpert.com

  • Be nice to all MoneySavers
  • All the best tips go in the MoneySavingExpert weekly email

    Plus all the new guides, deals & loopholes

  • No spam/referral links
or Login with Facebook
jsa - voluntarily quit job
Reply
Views: 751
Thread Tools Search this Thread Display Modes
# 1
missvicky6657
Old 11-04-2013, 6:28 PM
MoneySaving Newbie
 
Join Date: Feb 2011
Posts: 13
Default jsa - voluntarily quit job

I understand there is up to a 26 week sanction for quitting your job voluntarily but my question is this.

My partner works for a takeaway as a delivery driver, over time they have made him do more and more hours for the same amount of pay 190 for basically 40 - 60 hours and no holiday pay,1) is this a good reason to leave as he is being paid under minimum wage and also 2) as a delivery driver he has to use his own car which has died a death, the company will not allow motorbike, push bike or anything else and we cant afford another car straight away. Simply put no car no job so he has had to hand in his notice, before this he was also pressured to break speed limits etc to be 'quicker'.

Do you think this will be good enough reason for the job center or do you think we will be heavily sanctioned, we have 3 young kids so are really worried
missvicky6657 is offline
Reply With Quote Report Post
# 2
WantToBeSE
Old 11-04-2013, 6:33 PM
Fantastically Fervent MoneySaving Super Fan
 
Join Date: Jul 2012
Location: Cornwall
Posts: 5,161
Default

Hi missvicky, i think the first few pages of this will explain:

http://www.tuc.org.uk/extras/jsasanctions.pdf

"There are no hard and fast rules for Decision Makers to apply when making ‘just cause’ decisions because the reasons for people leaving work are so varied. The guidance gives examples that can help
the Decision Maker think more clearly about whether just cause for leaving a job was shown, for example:


• The claimant must show they were not irresponsible in leaving work;
• There must generally have been some effort made to find another job
before leaving;
• You must show that it was responsible for you to leave work;
• If the general public knew what the Decision Maker knows about the case,
would they think leaving work was the reasonable thing to do?
• The guidance says that urgent employment or family problems may be just cause, but the Decision Maker will need to see evidence that leaving the job was the only option. Leaving work because another job was offered but then fell through might count, for instance.

The level of pay does not count as just cause, except for not getting the national minimum wage, which will – but only if attempts were made to persuade the employer to pay it and s/he refused. The following would
probably count as just cause for leaving a job:

• Disability, racial or sexual harassment, or
• Being harassed for enforcing a statutory right, such as the national
minimum wage. "
WantToBeSE is online now
Reply With Quote Report Post
# 3
HappyMJ
Old 11-04-2013, 6:33 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Oct 2007
Location: East Midlands
Posts: 13,689
Default

I think it (not having a car) would be a reasonable reason to quit as a delivery driver. I really doubt he would get a sanction...but you never know.

The 3 young kids expenses should be covered by tax credits. The contributions JSA payment that he would get would be 71.70 a week only enough really to cover his own expenses.
HappyMJ is offline
Reply With Quote Report Post
The Following User Says Thank You to HappyMJ For This Useful Post: Show me >>
# 4
missvicky6657
Old 11-04-2013, 6:40 PM
MoneySaving Newbie
 
Join Date: Feb 2011
Posts: 13
Default

i don't think they have been paying his taxes either as he hasn't has wage slips , the money has come directly out the till.
missvicky6657 is offline
Reply With Quote Report Post
# 5
missvicky6657
Old 11-04-2013, 6:41 PM
MoneySaving Newbie
 
Join Date: Feb 2011
Posts: 13
Default

and as i don't work either would i still get my proportion of jsa
missvicky6657 is offline
Reply With Quote Report Post
# 6
Thomas Hardy
Old 11-04-2013, 6:47 PM
PPR
MoneySaving Stalwart
 
Join Date: Mar 2013
Posts: 400
Default

Quote:
Originally Posted by missvicky6657 View Post
i don't think they have been paying his taxes either as he hasn't has wage slips , the money has come directly out the till.
I expect they were paying him on a self employed basis, delivery drivers often are, and minimum wage would not apply.

As HappyMJ advises, being unable to do the job due to not having a car is unlikely to attract a sanction.
Thomas Hardy is offline
Reply With Quote Report Post
The Following User Says Thank You to Thomas Hardy For This Useful Post: Show me >>
# 7
306chris
Old 11-04-2013, 7:29 PM
MoneySaving Stalwart
 
Join Date: Dec 2012
Posts: 212
Default

I once worked in a job that was 30 miles away and when my car died I had to give it up and claimed JSA without a problem, although I had to give a bit more detail for example show that public transport wasnt an option.
Bedroom Tax / Spare room subsidy / Housing Benefit Reduction - It's the same thing, get over it.
306chris is offline
Reply With Quote Report Post
# 8
missvicky6657
Old 11-04-2013, 8:05 PM
MoneySaving Newbie
 
Join Date: Feb 2011
Posts: 13
Default

thanks everyone you have helped alot
missvicky6657 is offline
Reply With Quote Report Post
# 9
andyscott
Old 11-04-2013, 9:18 PM
MoneySaving Convert
 
Join Date: Nov 2012
Posts: 166
Default

Just be careful as mentioned earlier you said you dont think that they have been paying his taxes.

Does he have an employment contract?

I doubt it as that would say he was to work set hours for set pay.

If he does not have employment contract then he has been working as self employed and if HMRC find out he could be in bother for not registering as self employed and for not paying his on taxes and NI.
andyscott is offline
Reply With Quote Report Post
# 10
Dunroamin
Old 11-04-2013, 9:19 PM
PPR
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Feb 2012
Posts: 15,554
Default

Quote:
Originally Posted by missvicky6657 View Post
i don't think they have been paying his taxes either as he hasn't has wage slips , the money has come directly out the till.
So has he been paying his tax and NICs as a self employed worker?
Dunroamin is offline
Reply With Quote Report Post
# 11
balustrada
Old 11-04-2013, 9:50 PM
MoneySaving Convert
 
Join Date: Jan 2009
Posts: 45
Default

Quote:
Originally Posted by missvicky6657 View Post
Do you think this will be good enough reason for the job center or do you think we will be heavily sanctioned, we have 3 young kids so are really worried
The best thing to do is to check the Decision Maker's Guide, Volume 6, chapter 34, paragraph 34220 onwards at http://www.dwp.gov.uk/publications/s...-makers-guide/
balustrada is offline
Reply With Quote Report Post
The Following User Says Thank You to balustrada For This Useful Post: Show me >>
# 12
missvicky6657
Old 16-04-2013, 7:44 PM
MoneySaving Newbie
 
Join Date: Feb 2011
Posts: 13
Default

no he handed in a p45 and they made him fill in a p60 or whatever it is you fill in when you start a new job and has been told his p45 will be sent to him but he didn't have a written contract just a verbal arrangement.

He went in on sunday and the boss/owner refused to give him is wage held in lieu of 110 and only paid him 50 for the 3 days worked this last week ih should have been 110 too.
missvicky6657 is offline
Reply With Quote Report Post
# 13
HappyMJ
Old 16-04-2013, 7:54 PM
Deliciously Dedicated Diehard MoneySaving Devotee
 
Join Date: Oct 2007
Location: East Midlands
Posts: 13,689
Default

Quote:
Originally Posted by missvicky6657 View Post
no he handed in a p45 and they made him fill in a p60 or whatever it is you fill in when you start a new job and has been told his p45 will be sent to him but he didn't have a written contract just a verbal arrangement.

He went in on sunday and the boss/owner refused to give him is wage held in lieu of 110 and only paid him 50 for the 3 days worked this last week ih should have been 110 too.
Verbal contracts are OK.

Did he also give a weeks notice? The week in hand may not be payable if he quit without notice. He can take the employer to court to recover the rest if he wants to. He could win.
HappyMJ is offline
Reply With Quote Report Post
# 14
missvicky6657
Old 16-04-2013, 8:03 PM
MoneySaving Newbie
 
Join Date: Feb 2011
Posts: 13
Default

He said he would work his notices and stay on as long as needed to train up a new starter, as long as he could use the works vehicle as his was unusable which he did for one night but then the boss/owner decided that he didn't want him in after that. The notice period was 2 weeks.
missvicky6657 is offline
Reply With Quote Report Post
# 15
benefitbaby
Old 16-04-2013, 8:15 PM
Serious MoneySaving Fan
 
Join Date: Aug 2012
Location: UK
Posts: 1,080
Default

I wonder if your OH should consider a claim against his employer?
I say employer because of the P45/P60 discussion.

A CAB or ACAS can advise of the merits however as an employee your OH was entitled to NMW, holiday pay and the 'relevant notice'.

On the JSA query I am with the other posters, a sanction would be harsh considering the employer won't provide a vehicle for deliveries (and I am guessing has never paid your OH a mileage rate) and your OH can't afford to buy one.
benefitbaby is offline
Reply With Quote Report Post
Reply

Bookmarks
 
 




Thread Tools Search this Thread
Search this Thread:

Advanced Search
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

 Forum Jump  

Contact Us - MoneySavingExpert.com - Archive - Privacy Statement - Top

Powered by vBulletin® Copyright ©2000 - 2014, Jelsoft Enterprises Ltd.

All times are GMT +1. The time now is 10:35 AM.

 Forum Jump  

Free MoneySaving Email

Top deals: Week of 22 October 2014

Get all this & more in MoneySavingExpert's weekly email full of guides, vouchers and Deals

GET THIS FREE WEEKLY EMAIL Full of deals, guides & it's spam free

Latest News & Blogs

Martin's Twitter Feed

profile

Cheap Travel Money

Find the best online rate for holiday cash with MSE's TravelMoneyMax.

Find the best online rate for your holiday cash with MoneySavingExpert's TravelMoneyMax.

TuneChecker Top Albums

  • ED SHEERANX (DELUXE EDITION)
  • SAM SMITHIN THE LONELY HOUR (DELUXE EDITION)
  • STATUS QUOAQUOSTIC (STRIPPED BARE)

MSE's Twitter Feed

profile
Always remember anyone can post on the MSE forums, so it can be very different from our opinion.
We use Skimlinks and other affiliated links in some of our boards, for some of our users.