If you Quit your job, do you still get benefits?

shadowolf

Hi all
was wondering when if at all you can claim benefit if you quit your job, the wife is up for a disciplinary on Wednesday and is already on her final written warning, it feels like the new area manager is out to get her, and we are pretty sure she will get dismissed. She doesn't want to be dismissed and would rather quit, but we aren't sure then whether that would affect her chances of receiving any benefits.

Shes been put in an impossible situation by her new Area Manager and by the company's operating policies, but its been done in such a way that She appears to be culpable and hasn't got anything she can use as evidence against her employers. She has reached a point that she has had enough, and although she hasn't yet found another job, its becoming evident She needs out for her own mental and physical well being.

Thanks in advance for any help or advice

Regards
Lee

HappyMJ

Get a note from the doctor if work is really affecting her mental and physical well being and quitting won't affect her claim for JSA.

If she just quits then it may.

If she's dismissed she'll have to prove she did everything possible to avoid it but more likely not to affect JSA.

Other benefits such as Tax Credits, Housing Benefit and Council Tax Benefit are not affected in any circumstances. She and you can claim those.

shadowolf

but if she goes on the sick they will still go ahead with the disciplinary, and wont it stop her from getting a new job if she is on the sick?

GilbertGradgrind

You need to read through the advice on DirectGov about unfair and constructive dismissal. If she resigns because the Company or its Agents have made her role unworkable then it might be constructive dismissal. If they dismiss her then it could be unfair. Again you need to read through the DirectGov information to see if it makes sense to her situation. It could be reasonable dismissal.

They can not go ahead with a disciplinary unless she is present. Unless she consents to them doing so in her absence. She can also take a friend or trade union official (or a friend who is a trade union official) into the disciplinary hearing. If the employer refuses that then it will be automatically unfair.

In all of this, if she is dismissed and there is any ambiguity about unfair or constructive dismissal then the DWP can stop her benefits until the matter is resolved. She would still need to make a claim immediately and sign on and obey conditionality while unemployed. But, she would recieve no benefit until a decision maker determined if she was or was not entitled. Which they would do after a tribunal. Resigning would allow the DWP to sanction benefits for up to 26 Weeks. Again, she would need to carry on signing on.

She might be better getting a sick note, for the short term, and consulting with ACAS to find out how to avoid a dispute - or resolve one if there is one.

DS4215

If you are working would she qualify for any benefits anyway?

sunshinejen

Hi there,
I used to work for the jobcentre (don't all shoot at once! Not there anymore;)) and the rules as I remember them are:

• If she has paid tax/ni for the last 2 consecutive tax years, she will be entitled to contributions based JSA for a maximum of 6 months - income of partners is not taken into account until conts based JSA runs out and a claim is made for income based JSA - at this point, if you are working she wouldn't get any payment
• If she left her job voluntarily, the claim would be referred to a decision maker who would decide on whether JSA could be paid - the decision maker could then impose a sanction on the claim for a period of time, and this may not be for the full 6 months so would still be worth putting a claim in.
• If a GP gives a sick note (as in signed off sick) then she quits, she would not be entitled to JSA as she would not be "fit for work" - rules of JSA state she must be available and seeking full-time work. She would need to claim ESA instead (previously incapacity benefit)
• If a GP simply writes a note to say that she had to quit her job for health reasons, but is able to work now, then this note would be sent to a decision maker and would be taken into consideration when they go through the decision making process mentioned above.

It is entirely possible that some fo the rulings have changed since I worked there so please check this out with a jobcentre beforehand - I'd just give them a ring and tell them the scenario and pose the questions, you don't have to give names etc, just ask them hypothetically what would the consequence be on a claim if she quit her job and then went on to make a claim.

Hope all works out OK

mrsyardbroom

She has reached a point that she has had enough, and although she hasn't yet found another job, its becoming evident She needs out for her own mental and physical well being.

I feel so sorry for your wife and completely understand how she feels. I had to leave my job because of a bullying manager. The same manager made sure my husband was dismissed before I left and we both went on the same day. In our case we were told that we could claim JSA but we were old enough to claim pension credits instead. I'm also old enough to get my state pension. I wanted to claim compensation but couldn't go through with all the questions and investigations that it entails.

I'm delighted to report that the big bully himself was recently dismissed. It didn't help us but at least we know he will never bully anyone else in that office. I hope your wife feels better soon but it does take a while. She might be better off on sick leavefor a little while. Good luck.