Tribunal at work, where do I stand benefit wise???

jem170884

I am nearing the fianl stages of taking my employer to an employment tribunal for race discrimination (white girl working in a prodominately asian company) for being referred to as stupid white girl and english princess and also sexual harrassment, inappropriate physical contact by my boss. I have continued working here as I am a single mum and I am worried that it could take up to 3 months before I can claim anything benefit wise, I also have CFS and fybromyalgia so I could also claim disability benefit.

Where do I stand on claiming benefits and as technically if I was to walk out now it would be classed as constructive dismissal, would I be able to claim straight away or would the 12 week period stand?

Please help as all the stress of this is making my condition worse.

alwaysonthego_2

I believe if you was to walk out now than it would be classed as constructive dismissal but you are wise to visit the cab

jem170884

But where would I stand benefit wise? would I be able to claim straight away or would I have to wait the 12 weeks?

alwaysonthego_2

jem170884 wrote:

But where would I stand benefit wise? would I be able to claim straight away or would I have to wait the 12 weeks?

you should be able to claim straight away but it is adviced to visit the cab to find out your rights. Don't forget to inform tax credits of any changes

healy

You can claim JSA if you leave, there is a possibility of sanctions of between 2 and 26 weeks, but if you have a good reason for leaving these should not apply.

jem170884

I think my best bet is to contact the job centre and find out as my solicitor doesnt seem to know much about benefits.

ukdickie31

would I be able to claim straight away or would the 12 week period stand?

What 12 week period are you talking about ?

The 'leaving voluntarily period is up to 26 weeks, however this decision is not made straight away. It takes several weeks to come through.

You claim straight away and receive benefit (assuming you are entitled) pending the decision being made. Any tribunal would be separate however you could send copies of your documentation to the JSA Decision Maker to help with their decision on you leaving work (that will help the decision maker).

Don't delay signing on if you leave work, but be prepared for questions so keep documentation.

jem170884

the 12 weeks it takes to get an appointment with the jobcentre

ukdickie31

12 weeks ? !

Which area of the country do you live in ?

If my office is booking a week ahead, I have justify it to my District Manager !

Savvy_Sue

I believe JSA is backdated to whenever you first put your application in, rather than when you first get an interview, but that does presuppose that you can afford to put food on the table while you wait!

jobbingmusician

If I were you I would contact the Commission for Racial Equality and ask their advice about what to do. I don't feel qualified to advise you what to do, but I imagine that if you follow their advice it is likely to strengthen any subsequent action you might take against your employer