Think OH has had enough!!!

LuckyBiscuit

Hi Guy's, Hope you can help put my mind at rest.

Basically OH's work is unbearable, his boss is a bully and he found out yesterday that they have put an advert out for his job

Basically he doenst want to go back, but im worried we wont have enough to survive.

I think i remember something about if he makes himself unemployed then he wont be able to claim JSA for certain amount of time.

We are already on HB and C/tax benefit, so i presume these will be just increased..

will there be anything else we can claim in the intrim of him looking for a new job if we can't get JSA.

Thanks.................

dmg24

Do you not work? Has he put in a grievance at work?

LuckyBiscuit

No i don't work, had a nervous breakdown 2 yrs ago, much better now, so am starting to look to go back part time first....

He doent want to bother with a grievience, just wants out!!

thanks

Benefits_Bod

LuckyBiscuit wrote: »

Basically OH's work is unbearable, his boss is a bully and he found out yesterday that they have put an advert out for his job

It depends on all of the facts and length of service, but on the face of it there appears to be evidence of constructive dismissal. You could do worse than make a call to ACAS who can offer advice and information about difficult work situations.

INT1

I would tell him to stick it out until they make the decision to let him go and not just take that decision himself...

viktory

Benefits_Bod wrote: »

It depends on all of the facts and length of service, but on the face of it there appears to be evidence of constructive dismissal. You could do worse than make a call to ACAS who can offer advice and information about difficult work situations.

Although he needs to be aware that constructive dismissal is hideously difficult to win as (I think) the onus is on the complainant to prove their case, not the respondant. I think only 2 in 10 CD cases are won. Well worth getting advice on this.

Re JSA your OH can and will most likely be sanctioned for leaving his job voluntarily. The sanction can be for up to 26 weeks - yes, that is six months. Even if your husband feels he has good cause, he can still be santioned. He would really be better employed (pardon the pun!) in dealing with the work situation. Keep a diary of any bullying and harassment with a view to lodging a grievance. He would be a far bigger man to actually deal with his problems than to walk away with nothing but potentially a very long haul unemployed.

desperate_for_advice_2

Hi

He has a few options here. Not to sure about the JSA stuff, but an idea might be to call them and ask under what conditions he wouldn't be entitled to it?

In order to claim constructive dismissal at a tribunal, he would need to go through the company's grievance procedure. Even if his company doesn't have one (by law they should) there is a statutory grievance procedure which you could find by searching on the net. Once he has followed this, he would need to leave as soon as is possible, (otherwise a tribunal will not consider the case, on the grounds that he has accepted the behaviour from his boss), but he must be able to show that he tried to combat the problem first.

Typically a letter sent in to his boss should be enough to change his bosses behaviour (but in my experience it only proved to annoy the boss even more).

Could he go to the doctor perhaps and explain the situation to him? If the doctor feels that it is dragging him down or whatever then at least he has medical background to add weight to his claim should he decide to try the tribunal route.

Also he should (if he hasn't already) start keeping notes of everything that has happened, dates, times, witnesses etc, as these can go a long way in supporting him in the future.

If however he decides not to go through the tribunal route, he could always present his evidence to DWP in argument of why it was unreasonable for him to stay in the job.

dookar

LuckyBiscuit wrote: »

He doent want to bother with a grievience, just wants out!!

Any subsequent claim to JSA will result in a sanction

andyandflo

viktory wrote: »

Although he needs to be aware that constructive dismissal is hideously difficult to win as (I think) the onus is on the complainant to prove their case, not the respondant. I think only 2 in 10 CD cases are won. Well worth getting advice on this.

Re JSA your OH can and will most likely be sanctioned for leaving his job voluntarily. The sanction can be for up to 26 weeks - yes, that is six months. Even if your husband feels he has good cause, he can still be santioned. He would really be better employed (pardon the pun!) in dealing with the work situation. Keep a diary of any bullying and harassment with a view to lodging a grievance. He would be a far bigger man to actually deal with his problems than to walk away with nothing but potentially a very long haul unemployed.

With the sound of the OP, he comes over as being stressed and at the end of his tether. Might he not be advised to see his GP. The job was getting to him.

Maybe his GP would think it wise to suggest a month at least off sick in order that he can recover his thoughts. Obviously if this medical evidence is there to back up his claim for constructive dismissal - all well the better.

If that happened he could then claim ESA instead. Just a thought - I know I would be stressed out with it all.