2 boys school age, benefits? if I resign to avoid being sacked

wildthing46

I have been accused of something that could warrant gross misconduct, in my letter they state that I have breached mutual trust and confidence in my ability to carry out my role.

It is my word against the 3 women who have all worked together for over 20 yrs............. which I have no witnesses on my side.

If i resign to avoid being sacked, I cannot go back there now or ever this has been all too much it's been 8 mths of hell, would I be able to claim any benefits, I may have another job soon I am waiting for a position in the company i was in before this company to come up and when it does I can go there. Don't know how long that will be though please someone let me know cos the website says if you resign you cannot get benefits, but I don't really have any choice! and don't want to be sacked....

viktory

Sacked or resignation - you should apply for benefits but may be sanctioned for up to 26 weeks. The Job Centre will ask why you were sacked/resigned and will also write to your employer. They will then make a decision. A sanction does not affect any claim for HB/LHA or CTB. Make sure you claim immediately.

Personally, I would be fighting the accusations tooth and nail.

wildthing46

thanks for the advice but there is no point they do this all the time to get rid of people.......it's not something that they are not used to doing and I have only been there 8 mths less than 12 and ACAS have said that because of that there is not much I can do.

The witnesses have all worked together for so long they will stick together and they want me out, the other one wants her full time position back and me out of the way is what suits her.....i read that even if they sack me which they will i cannot claim because of gross misconduct

viktory

As I said, you can claim benefits - even if sacked for gross misconduct - but you may be sanctioned. Don't let this put you off though, because although the sanction can be up to 26 weeks it might only be a month or two - or even no sanction at all. You can also appeal any decision to sanction.

Sounds like you are better off out of there anyway.