Starting work, then stopping again. Help needed

jimmyk83

Hi all,

I recently started work with a company after being unemployed and on JSA for around 15 months, with the 'help' of Ingeus. I happily signed off from the Job Centre on Monday 18/08, received a final payment from them, and had my Housing and Council Tax benefits suspended, as expected.

Not long later and things aren't working out. Having been assured of 30 hours per week, this has not materialised. Also, I am expected to work an 8 hour shift without a full break, and now they have underpaid me for the first week's work.

I want to sign back on, but my question is, can I back date it from before today? I worked 24 hours in week 1 (18/08 - 24/08), so presumably not from then, and in week 2 I have worked 8 hours.

I am a little confused regarding how it works. Does the 16 hour a week limit run from Monday - Sunday? And is it an average? If so, over how long?

Also, does this mean I would lose any entitlement to a housing benefit run on, if I had one or two weeks of work in there? If that is the case then it looks like I will lose out on around £300 or more from taking this job. So much for being better off in work!

I don't really know where I'm going with this, so any advice from you guys would be hugely appreciated and would cut my stress levels.

Thanks

pmlindyloo

If you resign from your job without good reason you are likely to be sanctioned and not receive JSA for a number of weeks.

You are far better to speak to your employer and sort things out regarding your hours, your pay and getting breaks at work.

Read this:

http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm

so you know your basic rights and visit CAB if you need some help.

It is early days yet so you need to give it time.

jimmyk83

Is leaving due to them illegally overworking and underpaying me not likely to be a good enough reason then?

I wish I had the luxury of giving it time, but I'm already having to borrow money to pay this month's bills. Next week I'll be getting around £55 (if they pay me correctly this time), and the week after that, who knows? If it's not a full week's pay then I'll be stuffed for the following month's bills

bsms1147

jimmyk83 wrote: »

I am expected to work an 8 hour shift without a full break, and now they have underpaid me for the first week's work.

What break(s) do you get?

jimmyk83

bsms1147 wrote: »

What break(s) do you get?

A five minute cigarette break in an eight hour shift. By the way this was granted only because I asked for it and calls were quiet at the time. When asked about a lunch break the supervisor said 'you can eat at your desk'. Unfortunately that didn't help me as I hadn't brought any food with me

jimmyk83

blondebubbles wrote: »

Why not just tell them that legally you are entitled to a 20 min break so will take it?

How many hours are you contracted to work? You say you were assured 30 hours, do you have this in writing or was it verbally?

Well I didn't know the law until I got home and looked it up.

I don't have written assurances about the number of hours to be worked, it was just put to me verbally, both by Ingeus when they sent me to the job, and by the employer.

pmlindyloo

This is about what rest breaks you are entitled to:

http://www.adviceguide.org.uk/england/search/adviceguide_fact_sheets_with_last_updated_dates/last_updated_employment_fact_sheets.htm

To answer your specific questions about claiming JSA. You can claim JSA if you work less than 16 hours a week. I am not sure how they work out a week - perhaps someone else can comment - Monday to Sunday would be my guess. They will then take your earnings (less a £5 deduction per week) and count this as income against your JSA money.
if you go over the 16 hours a week then your JSA claim is closed.

This is why it is important that you get a written contract saying what your hours are.

It is possible that not giving you rest breaks and withholding wages would be 'good reason' to resign from your job BUT you would be expected to try and sort this out FIRST by speaking to your employer and politely pointing out your 'rights' (check out some links) You have only been there for a very short time so this could all be teething problems.

As I said previously CAB will help you with approaching your employer. They could phone your employer if you gave your permission. The worse that could happen is that they dismissed you and then you could make a rapid reclaim for JSA.

I know this is all very annoying but you must protect yourself.

Are you claiming HB and CT reduction? If not, do so. Your claim would be because you are on a low income.

jimmyk83

pmlindyloo wrote: »

Snip

Are you claiming HB and CT reduction? If not, do so. Your claim would be because you are on a low income.

Thanks. I am on HB and CT benefit, although these have now been suspended after signing off from JSA. I guess either way I'll lose my entitlement for HB run on, since I'm not doing 16 hours this week, and if I sign back on there will have been a break in my benefit.

All this is doing my head in, I'm more stressed about money than I was when unemployed. :mad:

pmlindyloo

jimmyk83 wrote: »

Thanks. I am on HB and CT benefit, although these have now been suspended after signing off from JSA. I guess either way I'll lose my entitlement for HB run on, since I'm not doing 16 hours this week, and if I sign back on there will have been a break in my benefit.

All this is doing my head in, I'm more stressed about money than I was when unemployed. :mad:

Either way you should still be entitled to HB although it may take a bit of sorting out.

You would either be entitled to the 4 week run on since you appear to meet the criteria or you will be entitled to it because you are on a low income or because you have returned to JSA. Have you decided what to do?

Visit your local council and speak to them about your situation.

fiddlesticks

speak to your Ingeus advisor and if you dindt get on with them phone the IWS team on 0800 321 3136. Thats what they are there for

Housing_Benefit_Officer

jimmyk83 wrote: »

Thanks. I am on HB and CT benefit, although these have now been suspended after signing off from JSA. I guess either way I'll lose my entitlement for HB run on, since I'm not doing 16 hours this week, and if I sign back on there will have been a break in my benefit.

All this is doing my head in, I'm more stressed about money than I was when unemployed. :mad:

At the time f starting work the job was expected to last 5 weeks or more therefore you are entitled to the 4 weeks run on.

It doesn't matter if the job didn't work out the only important thing was the expectation of 5 weeks or more work when you commenced employment.

You are entitled to the 4 weeks run on. If it is refused you have grounds to appeal.