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If I were to quit my job, would I be able to claim JSA?

I've been at my job for just over a month now, and honestly I can not afford to stay there. The conditions are diabolical, I'm being paid minimum wage for what is supposed to be 25 hours a week, but three weeks now I've had less than 16 hours. I'm am constantly required to travel (which is fine as I am a domiciliary carer) but I am not having my travel expenses covered correctly, so in effect I am paying to work.

I am close to breaking point with the way this company is organised, or should I say not organised. I can feel myself snapping after a particular issue today with one of my calls being out of home (in hospital, the office should know) however I was not notified, haven't been able to get in contact with the office, and still heard nothing from them.

I feel so exploited, so used. I'm over worked, well underpaid and I am so much worse off in this job than I was claiming benefits and looking for work. I can't afford to stick with it, I have been looking for a different job, but it took me a year and a half to get this one, so I'm not particularly optimistic about finding another in time.

Anyway, my question is, with my circumstances if I were to quit would I be able to claim JSA? This is my first paid job, I have been there since mid november. before this I was claiming JSA and before this still I was a full time student constantly since leaving school. if there's any other information I need to state please tell me, but I shant be back until later as I must go to work now for 4 hours (but only 1 and a half hours paid.)

I wake up crying, I cry myself to sleep, I cry in the middle of the day this job is making me ill. I am going to have to quit whether I like it or not soon, and I just want to know what kind of situation I can expect.

Thank you.
Debt Starting: £1995 | Current Debt: £1105
Rainy Day ISA £0 - had to emergancy empty :(
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Comments

  • HappyMJ
    HappyMJ Posts: 21,115 Forumite
    10,000 Posts Combo Breaker
    Possibly... You really should go and see a GP. Your GP will be able to sign you off and you can claim sick pay if entitled. Then if your depression is work related you can then quit work and you should be able to go onto JSA fairly quickly.

    Even if your GP doesn't agree then from what you have posted any sanction might only be short such as 2 weeks. Explain yourself clearly to the jobcentre and you should be OK.
    :footie:
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  • Russe11
    Russe11 Posts: 1,198 Forumite
    I would speak to a benefits advisor, but if you are paying your own expenses, not got contracted hours, then could not be classed as leaving a job, if you are zero hours you just sign on the basis you are working less than 16hours a week, then just don't work for them as you are then looking for fulltime work.
  • pmlindyloo
    pmlindyloo Posts: 13,104 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I am sure that you are aware that resigning from a job will almost always lead to a sanction as regards JSA unless you can show good reason.

    First of all you need to document your 'grievances' about your job to your online manager, i.e. write to them detailing everything that you have said. They should have given you a handbook which tells you how to do this. If you do not know how to do this then go to CAB and they will help you.

    Keep copies of any letters and receipts from post office from where your letter is posted.

    Any evidence to show that you are not being treated fairly, or are witholding money contractually due, will be good evidence if you feel forced to leave.

    If your job is making you really ill then you could go to your doctor and ask for a fit note. This would also be good evidence to reclaim benefits.

    However, I should warn you that it is extremely tough not to be sanctioned for resigning and I would urge you to try and sort things out at work (perhaps with CAB's help) and look for another job in the mean time.

    I am not being unsympathetic but things are tough out there at the moment. Do get some help.
  • Russe11
    Russe11 Posts: 1,198 Forumite
    pmlindyloo wrote: »
    I am sure that you are aware that resigning from a job will almost always lead to a sanction as regards JSA unless you can show good reason.

    First of all you need to document your 'grievances' about your job to your online manager, i.e. write to them detailing everything that you have said. They should have given you a handbook which tells you how to do this. If you do not know how to do this then go to CAB and they will help you.

    Keep copies of any letters and receipts from post office from where your letter is posted.

    Any evidence to show that you are not being treated fairly, or are witholding money contractually due, will be good evidence if you feel forced to leave.

    If your job is making you really ill then you could go to your doctor and ask for a fit note. This would also be good evidence to reclaim benefits.

    However, I should warn you that it is extremely tough not to be sanctioned for resigning and I would urge you to try and sort things out at work (perhaps with CAB's help) and look for another job in the mean time.

    I am not being unsympathetic but things are tough out there at the moment. Do get some help.

    but they don't have to resign, they have a worker contract from what it sounds and are not an employee(has to be clarified).

    Simply sign on for working less than 16 hours a week, refuse the hours offered on the basis you are not meeting the nmw, then hope the employer terminates the contract, leaving the OP looking for a fulltime job whilst signed on... ofcourse get intouch with the JCP first of all and see what they say.
  • oldhand
    oldhand Posts: 3,749 Forumite
    Part of the Furniture
    I assume you use your own car for your work so simple solution is tell your firm the car is broken and cant be repaired therefore you cant work for them,and tell jobcentre the same,I doubt you can be "sanctioned" for something beyond your control.;)
  • Ynayesta
    Ynayesta Posts: 83 Forumite
    Chutzpah Haggler
    edited 21 December 2012 at 11:14AM
    No, i don't own my own car, I very much doubt I'd be able to run a car on a total of £350 a month (which is what I got paid this month, and I am checking it vigorously against my hours) I have to bus a buspass to be able to work which is £54 (i'll be switching to DD so it'll then be £49.50) but it isn't covered by the travel expenses which they do at least try to give me (10p per call, around 6-8 calls a day)

    Ok, this might make me sound like a complete idiot, but I don't know the difference between an employee and a worker contract (sorry) my company is not at all organised, so I haven't received any information in terms of their procedures, not even their whistle blowing ones. - to the point where I haven't received mandatory training from them, I have been trained but it's beside the point it just seems that there's a lot of 'waiting' going on all the time in the office.

    lindyloo, you didn't sound unsympathetic. i wasn't looking for sympathy anyway, I was hoping for some good advice and you've all given me some great advice. So thank you all, I'll speak to a supervisor about my situation as soon as possible and see if I can get some advice from them. To my GP too, I'll make an appointment to talk about my emotional situation, I honestly think I just might be overwhelmed with all the mistakes and general bad situation.

    The job just isn't right for me, it's suitable for a car driver or perhaps for someone who already has a job they can work this second job around. The sooner I find a new one the better for me and the company, though they have an amazingly high turnover.

    Thanks again all.
    Debt Starting: £1995 | Current Debt: £1105
    Rainy Day ISA £0 - had to emergancy empty :(
    Say no to TV Licencing
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