help please where would we stand

mmgmum

hi all

just looking for a bit of advice really i think my partners at the brink of a break down he is depressed and his job doesnt make things any better, his boss is so awful to him and i mean awful he shouts at him all the time and even down the phone when he is at home and not working, he wont allow him anytime off paid for holidays which i know is against the law but he is the sort of person who you dont mess with, or he will screw you over big time, basically my partner has had enough of it and cant take anymore, but if he packs it in we would have no income as i dont work and we have 3 children so there for if he quits would we have to sanction jsa or would we be entitled to as we would have no income????

and before any states that he is just going to quit his job so we can claim benefits he is not he is doing this for his sanity his father suffered with paronoid schizophrenia and he is scared it will happen to him as his father was under alot of pressure when he first started with it

i would presume that it wouldnt be for long as i would look for work as well as him so we both could be out there working within 4-8 weeks
thanks in advance

AnxiousMum

Sorry to hear your husband has a bully for an employer!

Is he in a field that he could actually look for work at the moment? I would start gathering evidence of the bullying right now, so that when the time comes, he can claim for constructive dismissal (ie he was forced to resign due to the conditions) and go after the employer for this. Employers like this need to know that they cannot treat their staff in this manner by being nothing more than a bully with a little power.
Of course in terms of benefits, I don't know what you would need to prove to them that he had no choice but to leave, maybe he can start by getting a doctors appointment to discuss his stress, the more evidence he has, it can only be better for him in his claims?

Voyager2002

Yes, gather evidence now. If he were to leave, so long as he could prove that he had good reason then he would not be sanctioned. For example, if he could demonstrate that his employer was breaking the law then it would be clear that leaving was not his fault.

See if you can contact ACAS for advice on this.

tazwhoever

If he is ill with depressed and his GP agrees, he can claim ESA.

viktory

I think your husband needs to deal with the bullying. There are rules and regulations in place, ACAS can advise further. Simply walking away instead of dealing with the problem may cause more harm in the long term. With the support of his GP and ACAS your husband should start a diary of the incidents, then lodge a grievance or complaint.

If your husband simply leaves, he'll had problems getting a new job - any reasons he gives regarding the unreasonable behaviour of his previous boss will be a red flag any potential new employer.