Mis-sold my Job, can I claim if I quit?

stanleymog

Hi all,

I was made redundant in March and soon got another job which started on June 1st as a support worker for adults with learning difficulties.

When I applied for the job and when I had my interview I was told the jobs would be in my local town but I am now based 14 miles away (I found this out on my 1st day).

Secondly I was told that we would be paid for sleep-ins as the adults need 24 hour care but I have now found out that all we get for a 9 hour sleep in is a payment of £25 and no hourly rate and if the adult gets up or doesn't go to sleep during the night we still get the basic amount.

We are expected to do 3 - 4 sleep ins a week on top of the 40 hours we are contracted to so in total each week we could work 67 - 76 hours per week which works out at £5.59 and £5.26 per hour!

Also some of the shifts will be 15 hour long (this does not include the sleep in which will make it 24 hours).

I am now dreading going back to work, I'm not eating and cannot face food, I'm not sleeping either and I just feel so stressed that its affecting me and my family.

I am looking for another job and had various interviews but had no luck as yet so what would the Job Centre say if I went down there and explained all this to them?

Any help would be appreciated.

Thanks

NASA_2

I would imagine your benefit would still be sanctioned.

The job isnt that far away. If you are being paid under NMW rates then I would advise contacting HMRC.

stanleymog

NASA wrote: »

I would imagine your benefit would still be sanctioned.

The job isnt that far away. If you are being paid under NMW rates then I would advise contacting HMRC.

Hi,

Thanks for your advice, I know the job isn't far away but it wasn't where I was told it would be, if I didn't drive I would have no chance of getting home at 11pm (I know a few people have quit because they were misled on where the job was and they have to reley on public transport as they do not drive and have no way of getting home at 11pm unless they use a taxi which would cost more than they earn!)

McKneff

what you are told and whatis in your contract are two different things, have a check through it.

stanleymog

McKneff wrote: »

what you are told and whatis in your contract are two different things, have a check through it.

Sorry I should have said we were told by the general manager in a meeting, and my contract which I received after this states the same.

trufflebuggy

Surely these hours contravene the working time directive?

Find out if you have a union rep around anywhere, these hours are extreme.... have you spoken to management in regard to these hours or is this just word of mouth via other workers.

I feel for you, I work 26miles away from where I work and there would be no way I could do those hours regularly, my job does involve overnight duties but not 3-4 a week and not without sufficient recovery time between one shift to another.... You need a daily rest between shifts of 11 hours and should have a 24hour rest weekly / 48hours rest fortnightly.

If it is the case that you are expected to do these hours your management are effectively breaking a lot of health and safety regulations which is a big no no!!!!

hth

Steph

dookar

34289 Claimants cannot show just cause for leaving employment because
1. they found it distasteful or
2. it was below their expectations.
34290 But claimants may have just cause if
1. they genuinely did not know, or were mistaken, about the nature or conditions
of the employment (other than pay) when they accepted it and left after a fair
trial or
2. they tried a different kind of employment because there was no work in their
own line and the new work did not suit them.

34291 Claimants will not have just cause for leaving if they
1. knew about the conditions that caused them to leave when they took the
employment and
2. they took the employment in spite of those conditions.
The claimant is expected to give the job a fair trial to try to resolve the difficulties.
34292 A claimant may leave their employment because they were required to work more
than 48 hours a week, in contravention of the EU Working Hours Directive. If they
have taken no action to resolve their complaint with the employer, they cannot show
just cause.

All emphasises(?) mine

Robbie64

Have a look through this to see if anything may be relevant:

http://www.benefitsnow.co.uk/jsa/justcause.asp

The relevant part of the Decision Makers Guide (which expands on the post above mine by dookar) is available to download from the DWP website at http://www.dwp.gov.uk/docs/dmgch34.pdf and requires Adobe Reader.

The relevant part of the DMG to refer to are paragraphs from 34278 (Just Cause) onwards.

bestpud

It's not unusual to receive a flat rate for a sleep in - I get £20 a night and no extra if woken up by a resident.

The sleep in hours aren't counted as working either so are on top of contracted hours - I think this is standard practice in many private homes.

I don't know about you, but we don't get breaks when doing 12-15 hour stretches before or after a sleep in either (my longest total shift is 27 hours), as we are lone workers. We can sit and have a coffee with a resident, or go and sit in the office but if they need something we have to respond.

I don't mind personally, as I love my job and I don't do 40 hours plus the sleep ins - that is quite a lot.

What is your working pattern? Do you tend to work most of your hours together and then have a 2/3 day break?

Sorry, this doesn't answer your question except to say it is not abnormal and you are actually being paid for the sleep ins - just not an hourly rate - it was naughty if they didn't say that clearly but they haven't technically lied iyswim?

I'm not sure if 14 miles would be classed as local too - it's not that far if you are in a rural area - we would class that as local around here.

I'm not sure if you can avoid a sanction but if you are going to try, I think you need to be very clear what you are arguing for.

Oldernotwiser

If you can't get another job while you already have one, think how difficult it could be if you were unemployed.

I'd put my energies into finding another job rather than risking another period of unemployment.

kai666

After 15 plus years working with people with learning disabilities i have never yet come across people doing sleep in's being paid an hourly rate. It's always a fixed rate for the night, although i have in the past been able to claim hours if up for more than so many hours a night. I used to do 4 a week