resigned from work (several reasons) can i claim JSA

roger1989

Hello everyone

I've been employed with my company for 6 years and in the last 2 years the company has not been doing as well financially as they did the first 4 years i was there. My position and responsibilities have become much smaller and there was no room for progression etc. I've also just recently relocated 50 miles away from my works location to be closer to my girlfriend and travel 50 miles each way on the same salary.

Last week i had a few personal issues and missed work for 4 days without permission for the first time in 6 years. Following this i met up with my employer privately to which i explained my personal issues and also that i felt i wasnt getting anywhere with my position at work. I came into work on Monday to find that they put a stop to my department which i was the only person running and was given the option to work in the lowest position possible instead. This would mean other staff at work would see me going from being in a very strong position to suddenly working in the lowest position in the company... I told them in the meeting that i couldn't do this and that it was probably in both our best interest i resign immediately. I felt like i was squeezed out of the company and forced to resign or work at the bottom after 6 years.

So now im currently looking for other work and have to write my resignation letter as soon as possible as have not handed it in yet.

My question is will i be able to claim JSA in the mean time to help in some way financially? Even though i will resign? Can i use relocation as the main reason? Do i write my resignation letter as normal or should i mentioned anything other than plain resigning?

What are your thoughts about the whole thing? Am i able to talk to anyone about how i have been pushed out?

They also threatened that if i try to claim anything they will be forced to dismiss me on gross misconduct for the days i missed at work, although they have offered to pay 2/3 of my salary this month to help me get by and find another job.

Any help or advise is appreciated.

Thanks!

elsien

My thoughts would be that if the role and pay have significantly changed, you should be in line for redundancy rather than resignation. And they probably know this by the threats to go down the gross misconduct route if you ask about it. Did you phone in, or just not turn up?
Are you in a union to get proper advice? Or alternatively, as you're not in a great position if you just didn't show up for 4 days, could you negotiate some sort of compromise where they let you go so you don't have to formally resign, without any redundancy but with an agreed reference? Although I don't know if that's legally possible.

roger1989

Thanks for your response. They did offer me the other role and were happy to pay my current salary whilst i find a job more local. My main concern was how it would look and how strange atmosphere would be at work, going from being in a strong position to a basic position. It doesn't help that i missed those days at work without calling in but it doesn't neglect that it seems because this happened they have used the opportunity to try and squeeze me out. I'm not in a union and i am at least happy that they have offered some of my salary this month but resigning makes it look bad and would be something i would want to avoid.

Is there any other way? And will i be able to claim JSA in the mean time? Whilst i look for other work.

Many thanks for your help.

pmlindyloo

roger1989 wrote: »

Thanks for your response. They did offer me the other role and were happy to pay my current salary whilst i find a job more local. My main concern was how it would look and how strange atmosphere would be at work, going from being in a strong position to a basic position. It doesn't help that i missed those days at work without calling in but it doesn't neglect that it seems because this happened they have used the opportunity to try and squeeze me out. I'm not in a union and i am at least happy that they have offered some of my salary this month but resigning makes it look bad and would be something i would want to avoid.

Is there any other way? And will i be able to claim JSA in the mean time? Whilst i look for other work.

Many thanks for your help.

You might like to copy and paste your original post on the Employment, Job Seeking and Training forum for their take as to whether this is a redundancy situation.

Personally I think you are on a sticky wicket because of your failure to notify them during your 4 days absence and this could be grounds for dismissal for gross misconduct. Does your contract of employment say what the procedure is for being absence? If you have broken the terms and conditions of your contract then they may dismiss you for this. Just my opinion, not an expert in this field.

As regards claiming JSA then there would be a sanction if you resigned or were dismissed for gross misconduct unless you could show what they call 'good reason'.

You can read about good reason here:

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/296129/dmgch34.pdf

34200 onwards.

No one can say whether you would be sanctioned - only a decision maker can decide that. They would contact your employer.

Your employer may be trying to get rid of you. If you have worked there for under two years then they can dismiss you quite easily (except for reasons of discrimination and a few others which seem not to apply in your case.) They could go the gross misconduct route.

Personally I would keep your head down and look for another job asap. Be positive - you have not suffered a pay cut - your pride may be injured but you are not blameless in this. You have a job :)

dodger1

roger1989 wrote: »

They also threatened that if i try to claim anything they will be forced to dismiss me on gross misconduct for the days i missed at work, although they have offered to pay 2/3 of my salary this month to help me get by and find another job.

Any help or advise is appreciated.

Thanks!

They'd be on a sticky wicket unless this was a regular thing,

http://www.lawdonut.co.uk/law/employment-law/discipline-and-grievance/gross-misconduct-faqs

RAS

Speak to ACAS.

This is either redundancy or constructive dismissal IMO.

roger1989

Thanks for the responses.

I did feel it could be classed as constructive dismissal however they did try and cover themselves by saying that because i missed a few days of work without notice they were forced to stop my department and have said it has caused company losses, which in reality is bs because even though they bought some supplies etc they mentioned in the meeting they could simply return them. And on top of it this department was already hanging on a thread and before i missed these days of work I was told a few times there is no point in continuing it, which made me feel useless and completely unmotivated to be there. I don't want to go into too much detail but this was the reality of it. Feels like they have taken the opportunity of the days i missed to push me out completely and they have got themselves covered. The directors are good people and we did establish good relationships so I am also a bit hesitant to do anything about this and if there is any point.

Thanks for your help so far.

JamesCR

Please take this as honesty rather than having a dig mate but a couple of points:

1) If I didn't turn up for 4 days without making any contact i'd probably be fired on the spot. I think you were pretty lucky to retain your job after that.

2) 'They did offer me the other role and were happy to pay my current salary whilst i find a job more local'. That sounds more than fair to me. Again, no disrespect intended, but I think you need to get over yourself a little bit. It's not all about image and you need to get in the real world IMO. I got a decent education and now I work in a tin pot little job making less money working 37.5 hours a week than I would as a shelf stacker in Tesco working 35 hours a week (or less if I worked a Sunday on time and a half). People need to work and refusing a job for pride is very misguided in my opinion.

p00hsticks

roger1989 wrote: »

I told them in the meeting that i couldn't do this and that it was probably in both our best interest i resign immediately.

So was this verbal resignation accepted by the people in the meeting at the time ? If the company now consider you to have resigned and be working out your notice, and your putting it in writing is a mere formality, then I'd say that you may have blown your chance of subsequently arguing that you are entitled to redundancy

atrixblue.-MFR-.

As far as JSA goes, if you get a payment from the ex employment whilst looking for work closer to you it wont be available to you (depending on how much you take home a month from those payments im guessing more than £100 a week surely).


If you resign, then you resign making yourself unemployed and JSA is not available right away although I am sure youd be able to claim after so many weeks 20 plus IIRC.
If you resign due to constructive dismissal then JSA would be applicable to you, but you would have to prove to the JCP that you resigned under constructive.
If your position and department is not "there" at the company anymore and that was your primary role in that redundant department, then its redundancy offering another position in the company is a standard practice if the company has slimlined not collapsed, the role doesn't have to be of the same type as before, they can offer you a role in another department but if your not qualified and need training in the role then you have to work your way up again but that said I don't think its mandatory that you accept the offer, and can be made redundant.


TBH, I would no going forward seek some advice surrounding this situation, I don't like employers making things up as they wish and cover things up to get rid of an employee, for having 4 unauthorized days off, albeit you did not contact them directly you did talk with the director privately if I read correctly?


My BIL went through carp with the company he worked for for over 15 years when they went bust, he was a manager of a branch, they wanted him to work for free to wind down and handle debt collection on his own money from other accounts outstanding, and be a delivery driver to hand back local stock to local companies, then assist the outside receivers management company in winding down the building and its accounts.


The day they informed him they were going bust (he had an idea but no one would confirm) he had only 1 hour to close down the building to the public and send his employees home, and disconnect the phone lines, he was instructed to wait in the locked building until the directors and receivers rep got there. When they got there, 10 other outside companies were waiting with vans to take back their stock for remaining balances due.


For months after they continued to call him at home asking for him to go debt collecting for the receivers of outstanding accounts in the area tot he point they were calling 3-4 times a day.

pmd123

JamesCR wrote: »

If I didn't turn up for 4 days without making any contact i'd probably be fired on the spot. I think you were pretty lucky to retain your job after that.

I second this. Is there any reason you couldn't contact them and ask for annual / unpaid leave or pull a sickie? Anyone who doesn't turn up to work for 4 days without calling is on shaky ground, I'd expect a written warning at the very least, and dismissal wouldn't be out of the question.

I'd personally be just as worried about a getting a reference from them, as this could affect you getting another position quickly.