Would this class as voluntarily giving up your job?

seven-day-weekend

Hello all, although I'm an old hand on these forums, I don't think I've posted on this board before.

Right, I'll make it as short as possible.

My son works for a retail chain and there are rumours that redundancies are afoot. His contract is only for eight hours a week and although when he first worked there he got around 16-24 hours, for ages now all he has had is the eight. On minimum wage, this is less than Jobseekers' Allowance.

There may be a chance that some people will be redeployed to another store over the other side of town about five miles away. Now my son does not drive so he will have to spend money on bus fares (he walks or cycles to the job he has now).

My question is, if he is offered this on an eight hour contract, and turns it down because he can't afford the bus fares, and so gets made redundant, will the Jobcentre class this as voluntarily making himself unemployed?

He has worked for the store for two years and nine months.

Thanks in advance for the answers.

(I've posted on on the Benefits board too).

ceridwen

Well - I expect you are in for a chorus of "what does his contract actually say?" to start with.

HAS he got that contract in writing - and what does it say re the number of hours worked?

My other thought is that if he resigns then he would be deemed to have left the job of his own volition and benefits wouldnt be due. I think?? DWP can be a bit awkward re someone having been sacked for misconduct too.
I am wondering what he would get in the way of sick pay if he stayed away from work on sick leave??? (they might then sack him for too much sick leave - but it wouldnt count as "misconduct" in DWP eyes presumably - and no disqualification from benefit then in other words).

My other thought is that I wonder how many hours per week someone has to be working these days in order to count as "formerly a full-time worker" from the POV of claiming benefit. I have the feeling it might be 16 hours at least a week - which would mean him having to make it plain to the DWP that he "really" works at least 16 hours per week - even though he has recently been working less than that IYSWIM. Hopefully someone else will come along who can say exactly what the DWP counts as having previously been in "full-time work".

In summary - losing a job to "redundancy" has to be counted as "due for instant benefit then" by the DWP. Its losing a job due to "resignation" - and possibly "misconduct" that is the problem. But - you DO need to check out whether you have to quote that amount of time he is DUE to work according to his contract - rather than the amount of time he has been working latterly.

seven-day-weekend

Sorry Ceridwen I don't understand why you think he would be sacked for misconduct.

He has a written contract which says eight hours.

DVardysShadow

seven-day-weekend wrote: »

Sorry Ceridwen I don't understand why you think he would be sacked for misconduct.

It is thinking aloud about becoming voluntarily unemployed.

ceridwen

seven-day-weekend wrote: »

Sorry Ceridwen I don't understand why you think he would be sacked for misconduct.

He has a written contract which says eight hours.

I didnt.

What I said was words to the effect that the DWP can sanction claimants for up to 26 weeks for either resigning from a job OR possibly if they were sacked for misconduct.

The DWP cannot sanction someone for having lost a job through "redundancy". In your sons case - the job loss would be a "redundancy" - as long as he doesnt "resign".

ceridwen

[QUOTE=ceridwen;28932169

Its losing a job due to "resignation" - and possibly "misconduct" that is the problem. [/QUOTE]

That presumably is the part of my post that you misunderstood. I was referring to people generally losing a job due to "resignation" or people generally losing a job through being sacked for "misconduct".

I was not - at that point - specifically referring to your son.

Where I AM specifically referring to your son - is in wondering how many hours a week someone has to be in a job in order to count as a full-time worker - who will then be able to claim benefit if they are made redundant from that job. My suspicion is that someone who works less than 16 hours a week may not qualify as a "full-time worker" - and therefore may not get benefit if they are made redundant anyway. Perhaps someone else could elucidate on this point.

i know many years ago that there was problems for people in claiming benefit after redundancy if the "full extent normal" job for them was less than "full-time" (meaning full-time - ie at least 35 hours per week). The rules have changed since then - but I'm unsure as to what extent in that respect.

cbrown372

what on earth has someone being sick got to do with the op or are you suggesting the son goes off sick in anticipation of being made redundant?

Have you worked in HR, do you actually know the laws pertaining to this situation or is it all just supposition?

concerned43

Hi, why isn't your son already claiming JSA as he works less than 16 hours a week? he can work his 8 hours and claim JSA at the same time - they would however take a percentage of his wages when calculating his JSA but it would help if he claimed now before his job disappears as it would make things a lot easier for him when it does. I suggest he makes a claim for JSA now.

Emmzi

5 miles = 30 mins on a bike each way

It's so much easier to get another job when you have a job. I'd be hanging on to this one while I found another. As mum, I'd be giving him lifts to ensure he could keep it, and encouraging CV writing and monster/ reed searches every evening.

downshifter

Has he checked whether he will get any help with the additional fares that will be needed? If it's a biggish national chain I'd expect staff to be offered payment for any extra fares if redeployment is needed, though usually for a limited amount of time, say a couple of years. Might be worth checking so he could continue in the job, for a while anyway, which would give him time to look for something else nearer home or try to get more hours or promotion.

Just a thought

seven-day-weekend

Emmzi wrote: »

5 miles = 30 mins on a bike each way

It's so much easier to get another job when you have a job. I'd be hanging on to this one while I found another. As mum, I'd be giving him lifts to ensure he could keep it, and encouraging CV writing and monster/ reed searches every evening.

I'm a bit too far away to give him lifts as I live in Spain for half the year. He could try it on his bike I suppose but the traffic is a bit dire.

To the person who said he could sign on, thank you yes, we've just remembered that and he is going to do so on Monday.

Thanks all for your replies.