Handing in notice/benefits

jknowles

Hi all,

I was wondering if anybody could shed any light on a question that I have please because I can't find any answers.

To cut a very long story short, I've been on garden leave from my job of 4 years since September 2009. During this time my line manager and Unison rep keep threatening me with dismissal because of my misconduct despite never receiving any formal notice about this and knowing that I have not done anything to cause this "misconduct" (that's the long story part!)

I'm totally and utterly fed up and ideally I want to hand in my notice because the situation is making me seriously ill and if they do find a solution, I do not wish to return to work due to the fact of what I've been through and been told to lie to my work colleagues about my situation . I already suffer from depression but since I've been on garden leave this has got worse and now under a psychiatrist.

What I would really like to know is that I read that my benefits could be delayed by 26 weeks because I've volunteered to give up my job but then I have also read that I could claim JSA contributions based because I have worked for the last 2 years. I am single parent but due to the change of income support and my daughter being 7 years old, I can no longer apply for this benefit. I don't want to go on incapacity benefit, now EMA because ideally I want to look for work elsewhere.
Please could anyone help to clarify on what I could be entitled too?

A stressed out Jo

chocsessential

What is your Unison rep playing at? They should be assisting you, not threatening you. If you don't get help from your rep you can contact your Unison regional office and ask if they can send someone down to support you in meetings. Explain that you are getting no support from your elected representative at work.

As far as benefits are concerned you can speak to your local CAB who are very experienced in these kinds of issues. I hope someone helps you soon.

SarEl

Sorry - but the "long story" is absolutely pertinant to the right answer. Being suspended / on gardening leave for 4 months is not unheard of. It appears that this is to enable some form of investigation to take place into alleged misconduct (and possibly gross misconduct, if dismissal is a possible outcome).

Broadly speaking, if you resign voluntarily then you are unlikely to be able to claim JSA for up to 6 months. But there are a lot of far worse consequences of resigning. For a start off, it will affect your reference; it makes you look guilty; and may very easily impact on your future employment chances. It will also be impossible to make a claim for unfair dismissal - constructive dismissal is hard enough anyway, but resigning before a disciplinary is notified / conducted into alleged misconduct simply doesn't fly.

If you have not done whatever it is that you have been (or appear to be) accused of, then you should not resign. It is as simple as that.

jknowles

Okay fair enough to long story but it's not exactly very pleasant so apologies already.

In July 2009 my former friend inappropiately behaved with my daughter. This then involved social services and the police. My job role is/was working within the social services department. Due to "conflict of interest" they decided it was best to put me on garden leave whilst the investigations took place. These investigations closed in January 2010 but have remained on garden leave since that time.

Since being on garden leave my line manager and unison rep have threatened to dismiss me for my gross misconduct. Hence, to say I can't really be accused of my conduct when I did not instigate it, if that makes sense?

I have contacted my regional office in regard to the unison rep but I'd have to make an official complaint against that person before I could be allocated somebody else to help in this position and being that it's near (hopefully) the end and being complicated I don't feel as if I can do that.

To be honest I just want out regardless of how it looks on my CV or taking it further but very worried if I'm going to be financially struggling if I am not entitled to any benefits.

getmore4less

Why not just wait and keep taking the money and enjoy the summer.

You have nothing to loose if you have no case to answer.

I think I would play it like this

A simple note to HR to ask why you are still on garden leave since you believe the case was concluded in Jan. Also state you have at all times been available for work.

Don't forget you are accumulating holiday while they keep you on garden leave.

Are they actualy invetigating a gross misconduct case?

minimoneysaver

Don't forget to send the letter recorded delivery, if you do decide to communicate with your employer. I hope that your daughter is okay. x

jknowles

My garden has never looked any better, although I keep killing the flowers in the damn hanging baskets!

No they haven't started investigating the case yet so will definately enjoy being paid doing nothing. However when the time comes to either go back or they do start dismissal process I just want to quit. I can't face going back to my colleagues and having to lie because I have been told by my line manager not to discuss any of it. Although, I'm scared I'll have to live on baked beans on toast for however long they might take to start my benefits.

Thanks, daughter is doing well now.

SarEl

I would have to agree with the previous posters. What you are describing indicates that the invetigation into your allegations may have concluded - but that it is now you who is under investigation. Especially if you are in social care, you cannot afford to walk away from your job with unresolved issues - they can follow you for a very long time.

The most obvious conclusion (but I hasten to add - I am speculating, not accusing, based on a sketchy story) is that the former friend has been cleared and has made some counter accusations about your conduct / involvement. Whatever it is, whilst not all union reps are great union reps (so I am not defending anyone here), I cannot fathom any union rep threatening you with dismissal (they can't dismiss you anyway!), but if they believe that this is a real prospect and that it is a serious form of misconduct - well you simply cannot walk away without a clue as to what is happening without taking very serious risks with your future. I realise that being suspended / on gardening leave (and it sounds like your employer is using this term intechangably) is horrible and very stressful. But I would have to say that resigning is a suicidal action in this circumstance, and if you do it you are making a choice that could blight your employment prospects and possibly more.

You really have to write to the employer, ask them why you remain on leave, and query the cause for being threatened with dismissal when you are unaware of any allegations of disciplinary action against you.

Honest - you may feel like walking now and you may feel awful about this - but if you are inocent of any wrongdoing you will almost certainly regret walking now. At this stage there may be more than enough to blight your reference or more. Please don't do it until you are better informed as to what is going on.