Resigning while sick and about to go bankrupt

weekari

Hi,
I'm new here so please forgive me if I'm in the wrong thread etc.
My situation is complicated to say the least and I'll try keep it brief...
I'm in a fairly well paid professional type career. I've been struggling with chronic fatigue for several years and have tried everything to help overcome this. I reduced my working hours but this didn't really help. My life for the past 4 years has been spent working, with little energy for anything else.
I also have terrible financial difficulties due to compulsive spending/debting and gambling which I'm now in control of (ie I no longer gamble or spend with debt/ compulsive buying) but my personal debt is around £40k and I'm in way over my head. I was no longer earning enough to cover my debt. My husband was carrying me but it was a mess that I couldn't see a way of of. I've met with CAB and they've advised bankruptcy. That was in October but it's going very slowly so that's still to be applied for (the cab debt adviser has said some of my debtors are taking their time replying to her).
In October last year I decided couldn't live this way any longer so decided to go off sick and really try get to the bottom of my health issues (and mental health). I'm still off sick and don't feel I can go back to the job I've been doing. I feel i could maybe manage a part time job as long as there was no emotional stress but I just can't see myself returning to my job in the forseable future. I've come to realise my work is really not suited to me and is a huge part of what's making me feel this way. I am completely burned out from it. My job is hugely emotionally stressful and alongside my own personal issues, it was just burning me out. I think the best thing for me and everyone really is to resign from my job.
What I'm wondering is, if I resign, will I be able to claim JSA? there are very good reasons my job is not suited to me and contributes to my health difficulties which I can evidence. Would this be enough to just say this to dwp or will I need to go through procedures? I'm not sure I have it in me to 'fight' for anything just now.
I also wondered if it would be better to go through my employer and be made redundant on health reasons. I not even sure if this is feasible. But I'm worried if I'm made redundant in health grounds, this will make it difficult to get a job. I already feel I'll struggle as I'm hugely qualified in one specific area and I realise it's going to look odd when I apply for unskilled type jobs. I don't wish that to sound snooty but I'm aware it will look weird! I really do want to work but I also want to make myself healthy.
I also wondered about leaving my job while off sick. As I'm in such bad financial state, about to go bankrupt and already not managing to pay my full amounts to my debtors, it really doesn't make a difference to me whether I get my sick pay or JSA. It will just mean that the money I'm my to my debtors will hugely reduce.
I hope all of this makes sense and someone can offer me a bit of advice.
(please be kind, I know I've got myself in a mess, believe me I have a huge amount of shame for it. I take full responsibility for it and I'm facing my deamons to make sure this will not happen again)
Thank you

Scorpio33

From what I understand, there are two types of JSA, one contributory based, and another one. The non-contributory based one you wouldn't get initially if you resigned as you would be seen as making yourself jobless. I think you would get it after a period of time though. However, you should qualify for the contributory based one immediately?

It would be better if you could get redundancy, as you should get some payoff, which will help. This shouldn't affect future employment, loads of people are redundant these days (believe me, I am now on number 4!!). If it is the sick aspect, as long as you have resolved these issues by the time you look for the next role then it will all be ok. Employers are generally understanding, as long as you can explain gaps / reasons for moving on and those reasons won't affect future employment.

The only advice I would give you is be kind to yourself. You are clearly struggling and are facing up to the reality of you situation. But you are human, and human's make mistakes - don't be too hard on yourself. The only thing you can do wrong now is not learn from those past mistakes. It seems to me that you are doing all the right things to ensure you don't end up in the same situation again.

The other thing I would say is that ensure you keep your family and friends close and unload on them if you need to. You have a lot of issues to deal with and you won't be able to do it on your own.

Good luck with everything.

CurlySue2017

Just to quickly clarify.......it is not always the case that if you resign, you can't claim JSA. They look at your circumstances and make a decision, it is not always an automatic no, so is always worth making a claim.

lincroft1710

If you are unable to carry out your duties, you can be dismissed on capability grounds. Redundancy only occurs when the job you are doing ceases to exist. However, you may be able to negotiate some sort of ill health dismissal compensation by way of a severance package or settlement agreement with your employer.

weekari

I don't want to say too much about my employer or circumstances but I know that redundancy or any financial package is definitely not an option.
I don't know if it is better to leave or to be dismissed due to capacity. Maybe it doesn't really matter and I'm over thinking it? my preference is to resign as it's less stress/effort for me and I can do it sooner but this may mean I'm less likely to get jsa? I had a look on the dwp website and it seems to be case by case. It just depends if dwp seem my situation as leaving a job voluntarily. I think my particular circumstances are quite understandable though, it would seem unreasonable to think I'm walking out of a job I could continue with. Are the dwp understanding?! 🤔

Scorpio33

weekari wrote: »

I don't want to say too much about my employer or circumstances but I know that redundancy or any financial package is definitely not an option.
I don't know if it is better to leave or to be dismissed due to capacity. Maybe it doesn't really matter and I'm over thinking it? my preference is to resign as it's less stress/effort for me and I can do it sooner but this may mean I'm less likely to get jsa? I had a look on the dwp website and it seems to be case by case. It just depends if dwp seem my situation as leaving a job voluntarily. I think my particular circumstances are quite understandable though, it would seem unreasonable to think I'm walking out of a job I could continue with. Are the dwp understanding?! 🤔

To me it depends on how quickly you think you will find another job. That depends on your skills and how in demand they are for the job you are seeking as well as the availability of jobs in the area you are looking into.

If you think you will find a job easily, resign.

If not, then hold on.


I had as previous job that I ended up in counselling for and I resigned. But then I am a qualified professional and I knew I would easily find another role. However, from what I can tell about your situation is that you would find it more difficult to find a role, so hold on.

weekari

Scorpio33 wrote: »

To me it depends on how quickly you think you will find another job. That depends on your skills and how in demand they are for the job you are seeking as well as the availability of jobs in the area you are looking into.

If you think you will find a job easily, resign.

If not, then hold on.


I had as previous job that I ended up in counselling for and I resigned. But then I am a qualified professional and I knew I would easily find another role. However, from what I can tell about your situation is that you would find it more difficult to find a role, so hold on.

Its not just my job I'm leaving but the profession. Another job would just be the same issues. I've been training/working in that specific area for 20+ years and although I'm sure I've got some transferable skills, I don't feel robust enough to change into another more taxing role just yet so I was planning on going for more 'unskilled' type employment. Maybe office temping or call centre work in a part time basis until I recover and figure out what I want to do. I'm guessing it wouldn't be that long before I got something. Maybe around a month.

Scorpio33

weekari wrote: »

Its not just my job I'm leaving but the profession. Another job would just be the same issues. I've been training/working in that specific area for 20+ years and although I'm sure I've got some transferable skills, I don't feel robust enough to change into another more taxing role just yet so I was planning on going for more 'unskilled' type employment. Maybe office temping or call centre work in a part time basis until I recover and figure out what I want to do. I'm guessing it wouldn't be that long before I got something. Maybe around a month.

In that case, why not find a role now?

You will be seen as more employable whilst you have a role you are in.

If you really can't face it, can you last financially before you get another role? I would plan for 3 months at least to give you breathing space and even then, any job is usually paid a month in arrears.

weekari

Scorpio33 wrote: »

In that case, why not find a role now?

You will be seen as more employable whilst you have a role you are in.

If you really can't face it, can you last financially before you get another role? I would plan for 3 months at least to give you breathing space and even then, any job is usually paid a month in arrears.

The reason I've not found a job yet is because I'm completely burned out. I have chronic fatigue and wouldn't have managed to work (hence why I'm off sick). Although I'm feeling a lot better while being off sick, I think I'd still struggle to start a new job immediately. I think if I resign and have the period of not having the pressure of my job looming over me, while I look for work, I will feel a lot better and my hope is that by the time I secure a job, I will be fit enough to work.

[Deleted User]

weekari wrote: »

Are the dwp understanding?! ��

Let's start with are they intelligent ? You know waist on the body, well the DWP would only go and spell it as 'waste'! I've seen one of these un-automated letters and the Jesus wept the mistakes are just shocking - claimant name spelt wrongly half way throughout the letter, wrong assessment date, the horrendous spelling mistakes that mean even society's less educated are actually far more intelligent.

Heaven help anyone who has a life changing accident. My brother who can't stand, can't toilet, has leg bag and tubes coming out of him since the accident and after his ex employer ("Suffolk's family friendly firm") said he chose to have 'had' an accident, dismissed him in part for capability nearly 6 months ago, has received all of 6 weeks benefits in this time for 10 years plus spent in work doing one type of work which turned out to be his only real mistake. These benefits stopped after the assessment which deems him 'fit to work'. The one thing I've learnt is on ESA I take it you don't ever get why you left/lost your job looked into...

So good luck to you. Perhaps it is a lottery when your Mum asks you to ask your friend how they have managed never to work and yet receive so much help it's soul destroying. In my opinion no words really describe the DWP handling of the most vulnerable in society.

sangie595

Deleted%20User wrote: »

Let's start with are they intelligent ? You know waist on the body, well the DWP would only go and spell it as 'waste'! I've seen one of these un-automated letters and the Jesus wept the mistakes are just shocking - claimant name spelt wrongly half way throughout the letter, wrong assessment date, the horrendous spelling mistakes that mean even society's less educated are actually far more intelligent.

Heaven help anyone who has a life changing accident. My brother who can't stand, can't toilet, has leg bag and tubes coming out of him since the accident and after his ex employer ("Suffolk's family friendly firm") said he chose to have 'had' an accident, dismissed him in part for capability nearly 6 months ago, has received all of 6 weeks benefits in this time for 10 years plus spent in work doing one type of work which turned out to be his only real mistake. These benefits stopped after the assessment which deems him 'fit to work'. The one thing I've learnt is on ESA I take it you don't ever get why you left/lost your job looked into...

So good luck to you. Perhaps it is a lottery when your Mum asks you to ask your friend how they have managed never to work and yet receive so much help it's soul destroying. In my opinion no words really describe the DWP handling of the most vulnerable in society.

I'm sorry for your personal troubles, but this is nothing to do with the OP. I can quote plenty of circumstances where the DWP are great and supportive. It doesn't mean they will be. Your example doesn't mean they won't be.

OP, if you aren't fit to work then that is an ESA claim, not JSA. We can't promise you that it will be ok - but if you are honest and get your doctor's on board, it should be something that can be resolved.