Employed,but told no work, not paid

boobyd

Daughter came off jsa to get p/t job,16 hours a week(2x5,1x6 days)
Over the last 6 weeks her employer has said they have no work so hey don't need her,so she will not get paid, has been 1 day a week for the last 2 weeks,none for the previous 2,then 2 for the previous 2.
Went with her to Benefits / job centre to be told should be able to sign on for weeks of no work etc,fill out new claim etc.
Next day phone interview to say no she can't claim.
What can she do ?
Not sure where to post as it is employment but also Benefits.

Bit of background,has year and half old daughter,partner is full time at Uni, gets housing benefit etc.
Employer is "one man band" making home made products for local business,job centre said they had the "employer incentive" to take person off jsa

AP007

Does she have a contract stating her hours are 16 a week?

fruitedeli

She can quit on grounds this job can't financially sustain her. She's much worse off than claiming jsa, and can't claim while employed.

boobyd

No written contract.
I asked at job centre about being sanctioned if she "resigned" they said she would be

AP007

boobyd wrote: »

No written contract.
I asked at job centre about being sanctioned if she "resigned" they said she would be

Why not contract? Is she on 16 hours or zero hours?

How long did she work the 16 hours for before they started giving her less hours?

jacques_chirac

If the reduction in hours is only temporary, she should be able to claim under the short time/ temporary adverse industrial conditions provisions. She should not resign.

The phone interview advisor is not a position to say that she is not entitled to JSA. Phone back and ask to speak to a manager, asking them to refer to the decision makers guide if unsure.

boobyd

She is on 16 hours,not zero.
Jacques,thanks for info,when she goes to Job centre / Benefits office she will need to speak to a Senior Advisor ?If she quotes about Temporary Adverse Industrial conditions will it help ( or hinder) ?

AP007

boobyd wrote: »

She is on 16 hours,not zero.
Jacques,thanks for info,when she goes to Job centre / Benefits office she will need to speak to a Senior Advisor ?If she quotes about Temporary Adverse Industrial conditions will it help ( or hinder) ?

How many weeks had she been working the 16 for?

With no contract it could be seen that she is not on 16 hours

jacques_chirac

boobyd wrote: »

She is on 16 hours,not zero.
Jacques,thanks for info,when she goes to Job centre / Benefits office she will need to speak to a Senior Advisor ?If she quotes about Temporary Adverse Industrial conditions will it help ( or hinder) ?

She needs to insist that they allow her to make an application, and that they note the above. Her claim is then likely to go to a decision maker who should be familiar with the terms and when they apply - unfortunately you cannot proactively contact the decision maker, they will sometimes take calls but more than likely you will need to wait to hear from then.

AP007 wrote: »

How many weeks had she been working the 16 for?

With no contract it could be seen that she is not on 16 hours

I would agree this is a possibility, but in that case they should certainly allow her to make a claim, as can anyone that works less than sixteen hours.

Either way, it looks like it will go to a decision maker for a determination, but both scenarios should entitle her to payment.

boobyd

Thanks for the replies.
She is speaking to her employer to see if she has a contract.
Hopefully she will make some progress .

[Deleted User]

boobyd wrote: »

Employer is "one man band" making home made products for local business,job centre said they had the "employer incentive" to take person off jsa

Interesting thanks, always thought there was "incentives" going on
explains a lot now