Possibility of JSA sanctions due to leaving work voluntarily

gibson1

Hello all, as the title suggests I have left work voluntarily and have just signed on. My situation is this, I was out of work for over 6 months last year. In September I took a full time job for 8 weeks, saved, got the card out, and went to abroad to study in my chosen field for 6 months.

I have now returned to the UK 2 days ago, and am looking for work. Jobseekers Plus have informed me that as I left the job voluntarily, I could face sanctions. I left the job 25 and a half weeks ago, it was a probationary period and I was not on a permanent contract as such, however a contract was signed in my paperwork. Unofficially, we were on a 3 month probation period.

From the tuc website. Google under 'employment on trial JSA,' I can't post links for some reason.

'It seems I might fall under the category of 'employment on trial'
In general terms if the person has not been a full time student or in relevant
education and has been continuously unemployed for at least 13 weeks before
starting a job (of at least 16 hours a week) and, worked for at least 4 but no
more than 12 weeks, they can leave without fear of sanction. However, this
should be checked carefully with Jobcentre Plus before anybody relies on it as a
basis to leave a job.'

When I contacted the jobcentre and quoted the above, a lady told me that this only applies if you were under a temporary or probationary contract. But surely this would be specified on the tuc.org website?

I'm just inside 26 weeks since leaving the job, by half a week. I asked the jobcentre staff if I should sign on next week to avoid sanctions. After going through a few people I was then told that the 26 weeks only applies when you sign on, and whether I apply for JSA this week or next week, it wouldn't make a difference. But nobody wanted or was able to give an accurate answer. I asked one lady for a personal opinion as to what to do, in order to cover my costs while I looked for work. She replied that I could apply for hardship, which means I'd get half the JSA, but wouldn't be able to get it for 2 weeks.

Walking everywhere to look for work in London is not an option, a weekly travelcard costs £25 excluding zone 1. That would leave me £10 per week for food. And if you look weak and hungry at an interview, it doesn't go down too well, especially in the fitness industry which is my main area. I'm not sure how housing benefit and council tax would be affected, but if I get behind rent for 2 weeks or more, I might lose my room.

So, I've got a few things on my mind right now to say the least. Yes, I'm looking for work and want to turn my life around. No I'm not a benefits cheat.

Any advice on how sanctions might be applied and how to avoid them would be really appreciated. Should I have applied next week ie 26 weeks after I left work? Does the employment on trial apply to me?

Thanks in advance.

[Deleted User]

afaik when you apply for jsa then the decision maker can sanction you for anything from 1 week to 26 weeks,if you have "left"your last job

sofaman

You'll have to prove that it was a temp job, if so, this will work to your advantage.

Re housing & council tax benefits; you can still claim this will nil income. You may have to prove this with a bank statement. It's important to inform the local authority of changes to your circumstances (esp with income), or you may find the HB & CT just builds up.

Btw, you can bypass the 15-day waiting period with hardship if you are vulnerable, i.e have a dependent or are ill.

dookar

Your self imposed sanction is 25 and a half weeks so the maximum period for which you can be sanctioned is 26 -25.5 = 0.5 weeks

sofaman

When/if you get sanctioned, I would strongly advise to request a reconsideration of the sanction in addition to the appeal as a reconsideration is looked at sooner (usually within a 2 week period) where as an appeal can take up to 6 months to reach a tribunal.

superwoman4

I left my job voluntarily in April 2011 didn't sign on for 26 weeks, then when I applied October 2011 no questions were asked about my previous employment and no sanctions imposed.
My advice is apply for JSA next week.

mynameistallulah

sofaman wrote: »

When/if you get sanctioned, I would strongly advise to request a reconsideration of the sanction in addition to the appeal as a reconsideration is looked at sooner (usually within a 2 week period) where as an appeal can take up to 6 months to reach a tribunal.

If a decision is appealed a reconsideration is automatically done.

redbicycle

I don't quite understand - why would 0.5 week of JSA go to an appeal tribunal?

redbicycle

edited - posted to wring thread

rogerblack

dookar wrote: »

Your self imposed sanction is 25 and a half weeks so the maximum period for which you can be sanctioned is 26 -25.5 = 0.5 weeks

As I understand it, this is not the case.
The sanction only starts to run from when you claim JSA.
So, in principle, the OP could still be facing 26 weeks of sanction.

dookar

rogerblack wrote: »

As I understand it, this is not the case.
The sanction only starts to run from when you claim JSA.
So, in principle, the OP could still be facing 26 weeks of sanction.

Respectfully, you understand it wrong