Claiming jobseekers after constructive dismissal?

[Deleted User]

Hello

Does anyone know what I may expect with this situation please?

I left a job last week, as my employers, a small family run business, shouted, swore and made racially abusive comments about people to me, all of which I found most deplorable. There was no HR department to report this to - one of the people making these comments, one of the owners, was their "HR" and it was a truly awful experience with some really lousy people. They also didnt have hot running water which made the office very dirty and unhygenic which didnt seem to bother them.

I resigned based on these incidences basing my decision what I understand constrcutive dismissal to be. I called the jobcentre today and have an intervie wwith them tomorrow. Now, I fully intend on getting back to work as soon as possible so i dont need help or advice with that - however, will I get JSA and housing benefit based on why I left? I was not fired but working there was offensive to me on every level (which is a shame as the job was OK).

Any advice at all would be so very much appreciated. As I said, I dont plan on staying on benefits for long but seeing as I have paid so much in tax and NI over the years I do hope I get something to tide me over.

THanks

Booobah

Vader123

Hi

The JC wont take your word for it, they will write to the employers asking for their version, then the decision maker will make a decision to pay JSA or sanction you up to 26 weeks.

Have you been cotinually working for the past few years? Do you have savings, a partner?

Vader

[Deleted User]

Hi

Yes I have both so i'm not going to be in a bad way.. i'm pretty sure that my former employers will lie about everything so i'm not sure what position that will put me in with this.. but we will see?

I was unemployed last year March to June for 2 months as I was made redundant but otherwise have worked continuously for ten years

Vader123

booobah wrote: »

Hi

Yes I have both so i'm not going to be in a bad way.. i'm pretty sure that my former employers will lie about everything so i'm not sure what position that will put me in with this.. but we will see?

I was unemployed last year March to June for 2 months as I was made redundant but otherwise have worked continuously for ten years

I think the DM will talk to you after getting a response so you will be able to put your point of view across, and the sanction is maybe up to 26 weeks.

Those 2 months out of work may prevent you from claiming Contribution based JSA and you may have to claim Income Based JSA which takes into account partners income, savings etc, the JC will advise.

Vader

dugdale_2

There are two ways that a JCP adviser might approach this

They could either send an ES85 to your previous employer asking why you left your previous employment. The employer is then able to inform JCP the reasons why you left (your previous employers reasons). A decision maker will then decide if and for how long your claim will be sanctioned.

or

If you inform the JCP adviser that you left your last job voluntarily you will be given a number of forms to complete explaining why you left your job voluntarily (your reasons). A decision maker will then decide if and for how long your claim will be sanctioned.

I know which option of the two I would prefer.

Oldernotwiser

Are you planning on taking your case to an employment tribunal?

[Deleted User]

Hi

Thanks for your advice everyone

I'm not planning on taking it to a tribunal - I dont really have any rights as i hadnt been there very long. I just wanted out as soon as possible, I've worked with some rotten people before but these two, the owners, were just really nasty people - I dont want anything more to do with them. If I had worked there longer and had evidence then I would look at tribunal but it's just my word against theirs.

I'm hopeful Jobcentre will be on my side as the circumstances working there were intolerable - i would imagine if they refuse my claim they woudl be in some way condoning that behaviour and treatment, ergo opening themselves up for criticism?

dugdale_2

Exactly how long were you in the position for Booobah ?

[Deleted User]

I was there for 2 months

dookar

dugdale wrote: »

There are two ways that a JCP adviser might approach this

They could either send an ES85 to your previous employer asking why you left your previous employment. The employer is then able to inform JCP the reasons why you left (your previous employers reasons). A decision maker will then decide if and for how long your claim will be sanctioned.

or

If you inform the JCP adviser that you left your last job voluntarily you will be given a number of forms to complete explaining why you left your job voluntarily (your reasons). A decision maker will then decide if and for how long your claim will be sanctioned.

I know which option of the two I would prefer.

Actually both of these will probably happen (or very similar)

dugdale_2

As you were in your previous job for two months you might count as being on "Employment on Trial"

http://www.jobcentreplus.gov.uk/JCP/Customers/outofworkhelplookingforwork/Getting_job_ready/Programmes_to_get_you_ready/Dev_014877.xml.html

however I believe that you must have been out of work for at least 13 weeks before commencing your employment.

My suggestion would be to tell the adviser that you left your last job voluntarily and when you're given the forms to complete provide as much information as possible as it is this information on which a decision is made.
I would recommend that you read this (although it is a couple of years old)
http://www.tuc.org.uk/welfare/tuc-13377-f0.pdf
and pay particular attention to the chapter heading Leaving Voluntarily.

Best of Luck