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  • FIRST POST
    missvicky6657
    jsa - voluntarily quit job
    • #1
    • 11th Apr 13, 6:28 PM
    jsa - voluntarily quit job 11th Apr 13 at 6:28 PM
    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
Page 1
    • WantToBeSE
    • By WantToBeSE 11th Apr 13, 6:33 PM
    • 6,916 Posts
    • 27,489 Thanks
    WantToBeSE
    • #2
    • 11th Apr 13, 6:33 PM
    • #2
    • 11th Apr 13, 6:33 PM
    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. "
    #20- 3/6 month emergency fund challenge.
    • HappyMJ
    • By HappyMJ 11th Apr 13, 6:33 PM
    • 20,622 Posts
    • 17,178 Thanks
    HappyMJ
    • #3
    • 11th Apr 13, 6:33 PM
    • #3
    • 11th Apr 13, 6:33 PM
    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.

    Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money.
  • missvicky6657
    • #4
    • 11th Apr 13, 6:40 PM
    • #4
    • 11th Apr 13, 6:40 PM
    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
    • #5
    • 11th Apr 13, 6:41 PM
    • #5
    • 11th Apr 13, 6:41 PM
    and as i don't work either would i still get my proportion of jsa
  • Thomas Hardy
    • #6
    • 11th Apr 13, 6:47 PM
    • #6
    • 11th Apr 13, 6:47 PM
    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.
    Originally posted by missvicky6657
    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.
    • 306chris
    • By 306chris 11th Apr 13, 7:29 PM
    • 216 Posts
    • 200 Thanks
    306chris
    • #7
    • 11th Apr 13, 7:29 PM
    • #7
    • 11th Apr 13, 7:29 PM
    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.
  • missvicky6657
    • #8
    • 11th Apr 13, 8:05 PM
    • #8
    • 11th Apr 13, 8:05 PM
    thanks everyone you have helped alot
  • andyscott
    • #9
    • 11th Apr 13, 9:18 PM
    • #9
    • 11th Apr 13, 9:18 PM
    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.
  • Dunroamin
    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.
    Originally posted by missvicky6657
    So has he been paying his tax and NICs as a self employed worker?
    • balustrada
    • By balustrada 11th Apr 13, 9:50 PM
    • 49 Posts
    • 83 Thanks
    balustrada
    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
    Originally posted by missvicky6657
    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/specialist-guides/decision-makers-guide/
  • missvicky6657
    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.
    • HappyMJ
    • By HappyMJ 16th Apr 13, 7:54 PM
    • 20,622 Posts
    • 17,178 Thanks
    HappyMJ
    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.
    Originally posted by missvicky6657
    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.

    Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money.
  • missvicky6657
    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.
  • benefitbaby
    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.
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