JSA and Constructive Dismissal

jazzy

My son is having problems with his employer and is seriously considering "constructive dismissal" due to the actions of the employer.
If he makes a claim for JSA will he have to wait the 6 week period for JSA if he finishes under constructive dismissal ?

hcb42

very likely although not sure where the six weeks comes in

constructive dismissal has a very low success rate in tribunal, would it not be better to find a job and quit, or quit anyway, then sign on, and explain the reasons why.

jazzy

hcb42 wrote: »

very likely although not sure where the six weeks comes in

constructive dismissal has a very low success rate in tribunal, would it not be better to find a job and quit, or quit anyway, then sign on, and explain the reasons why.

If jobs were readily available, yes he would quit straight away. But I believe that you have to wait 6 weeks before you are entitled to JSA, that is if you finished on your own accord.
Because he has no option but to finish due to employers actions I wonder if the 6 week period applies?

tomjonesrules

hcb42 wrote: »

very likely although not sure where the six weeks comes in

constructive dismissal has a very low success rate in tribunal, would it not be better to find a job and quit, or quit anyway, then sign on, and explain the reasons why.

We are in agreement far too much tonight!

Yes, although the potential sanction period is up to 26 weeks, the JCP do not have the manpower to investigate each claim beyond the fact that you feel you have grounds for constructive dismissal. They will only look further if the reasons appear quite frivolous. Having said that, the chances of an ET claim succeeding are minimal, and I would be inclined to use my time seeking new work before handing in notice.

tomjonesrules

jazzy wrote: »

If jobs were readily available, yes he would quit straight away. But I believe that you have to wait 6 weeks before you are entitled to JSA, that is if you finished on your own accord.
Because he has no option but to finish due to employers actions I wonder if the 6 week period applies?

The period is 26 weeks, but that only tends to apply where an employee has chosen to resign without good reason.

jazzy

tomjonesrules wrote: »

and I would be inclined to use my time seeking new work before handing in notice.

If it was just that simple, the employer concerned told his staff not to come in next week and without pay. This is not just a one off, the week prior was only for 3 hrs. He just cannot cope with no money or next too no money.

hcb42

what is he contracted to?

tomjonesrules

jazzy wrote: »

If it was just that simple, the employer concerned told his staff not to come in next week and without pay. This is not just a one off, the week prior was only for 3 hrs. He just cannot cope with no money or next too no money.

Is he on a nil hours contract?

I'd be looking at registering (and getting a good name with) some temping agencies. Given the way that the employer operates, they may be able to get him into some work that leads to something longer term?

Torry_Quine

If unemployed then when he applies for JSA he will be asked why the previous job ended and he needs to be honest as they do check. While looking into this he will be paid JSA and any sanction can be up to 26 weeks but can be much shorter.

Emmzi

to claim anything is constructive dismissal he must first have exhausted internal greivance procedures.

has he?

Xbigman

When I was agency (many years ago) if I had a week where I worked 8 hours or less I could sign on anyway. 3 hours one week and none the next should still qualify. Tell your son to sign on now.



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