JSA when quitting job when on bench.

Ch3rrie

Hi everyone,

My partner was in a permanent job, but he was then put on bench
(I don't know if that is the proper word for it, it is when they cannot find him work but cannot fire him because of his contract) as they did not have suitable work for him.

Their policy is bench for 4 weeks and either a job/redundancy/fired. He was on bench for around 6 weeks and then they wanted a meeting with him to discuss his situation, they had not found any job or spoke about any other job so obviously we are thinking he is going to be fired, so my partner resigns so he can receive the 4 weeks notice pay (not sure if he would of received it if he was fired).

After the 4 weeks he went to job seekers and they said his reason was fine and they signed him on. 2 months later they are now saying he is not entitled because he quit his job. Housing benefit have not given us anything and we are stuggling to pay the rent. I really have no idea how we are going to pay the rent now!!!!

He was told he can apply for hardship which he will do but will he still be entitled to housing benefit and the 2 months they haven't paid us yet? could he fight for full jsa due to his reason for leaving? He would never of left if he knew they found him a job but he knew they hadn't, but of course there is no proof in writing of this.

rogerblack

At this time was he being paid - time he was not working but still employed?

HappyMJ

You are entitled to housing benefit (as long as you don't have more than £16,000 tied up in assets). I would appeal the JSA decision. He had no work available and felt as if he had to leave to move on. Was he being paid whilst on the bench? The reason for quitting would then be unreasonable.

agrinnall

I don't really understand why your partner resigned, why did he think he would get fired rather than be made redundant? Was he really 'on the bench' for lack of work or was it for some other reason (for which he might have been fired) that you haven't told us? As it is I'd say the JSA decision is probably correct, he resigned when he had a job and had nothing else to go to. Don't know about HB I'm afraid.

BrettMorganxD

Ch3rrie wrote: »

Hi everyone,

My partner was in a permanent job, but he was then put on bench
(I don't know if that is the proper word for it, it is when they cannot find him work but cannot fire him because of his contract) as they did not have suitable work for him.

Their policy is bench for 4 weeks and either a job/redundancy/fired. He was on bench for around 6 weeks and then they wanted a meeting with him to discuss his situation, they had not found any job or spoke about any other job so obviously we are thinking he is going to be fired, so my partner resigns so he can receive the 4 weeks notice pay (not sure if he would of received it if he was fired).

After the 4 weeks he went to job seekers and they said his reason was fine and they signed him on. 2 months later they are now saying he is not entitled because he quit his job. Housing benefit have not given us anything and we are stuggling to pay the rent. I really have no idea how we are going to pay the rent now!!!!

He was told he can apply for hardship which he will do but will he still be entitled to housing benefit and the 2 months they haven't paid us yet? could he fight for full jsa due to his reason for leaving? He would never of left if he knew they found him a job but he knew they hadn't, but of course there is no proof in writing of this.

HB is totally seperate from JSA. It doesn't matter why your job has ended. You can still get this as long as said above you don't have over 16k in savings.

It may be contructive dismissal I am not sure you will have to ask the CAB or law centre or someone simlair. I think personally the JSA decision is wrong.

Emmzi

He should have let them make him redundant I am afraid. And asked questions about notice pay BEFORE resigning.

As he left voluntarily I believe the JSA decision to be correct.

Emmzi

BrettMorganxD wrote: »

It may be contructive dismissal I am not sure you

100% not constructive dismissal. Redundancy was an alternative.

dookar

Yeah, I think a sanction is entirely appropriate

Ch3rrie

Thanks everyone. Yes he was being paid, but he wasn't there for a long time so I don't think redundancy would of been an option and if so it wouldn't of been as much as 4 weeks pay would of been. Through the whole time he was on bench he was job searching but had no luck and still no luck now. He did have a warning about absence (all genuine absences) and went onto bench not long after that.

We will appeal but I do think most of you are right, can't hurt to try though I guess. As long as we can get HB and hopefully council tax, I think we will be ok. I just wish they told him straight away he could not claim job seeker as we thought he wouldn't be able to but they said he could.

HappyMJ

Ch3rrie wrote: »

Thanks everyone. Yes he was being paid, but he wasn't there for a long time so I don't think redundancy would of been an option and if so it wouldn't of been as much as 4 weeks pay would of been. Through the whole time he was on bench he was job searching but had no luck and still no luck now. He did have a warning about absence (all genuine absences) and went onto bench not long after that.

We will appeal but I do think most of you are right, can't hurt to try though I guess. As long as we can get HB and hopefully council tax, I think we will be ok. I just wish they told him straight away he could not claim job seeker as we thought he wouldn't be able to but they said he could.

So he was being paid full pay to sit at home and he quit that. Why?

agrinnall

Ch3rrie wrote: »

Thanks everyone. Yes he was being paid, but he wasn't there for a long time so I don't think redundancy would of been an option and if so it wouldn't of been as much as 4 weeks pay would of been. Through the whole time he was on bench he was job searching but had no luck and still no luck now. He did have a warning about absence (all genuine absences) and went onto bench not long after that.

We will appeal but I do think most of you are right, can't hurt to try though I guess. As long as we can get HB and hopefully council tax, I think we will be ok. I just wish they told him straight away he could not claim job seeker as we thought he wouldn't be able to but they said he could.

Very rash decision made without fully understanding the facts. If your partner had been made redundant he might not have received any redundancy payment but the emplyer would have been obliged to pay whatver notice was in the contract of employment. Nothing you have said gives any indication that he could have been sacked without notice so I'm afraid the JSA decision is probably correct.