Having to leave work - Am I entitled to claim?

moneysaver2017

Morning. I have worked for my current employer for 2 years since having our child. The hours were part-time and then last month the hours were amended to full time due to business needs..or I leave. I, some what panicked and stupidly (little time to consider) said 'fine' no problem. My child has special needs and I have Epilepsy and now i'm finding it impossible to commit to. I have spoken with my employer but they wont 'let me go' as such despite me being late/them being unhappy (boss is rather unorganised). Thing is I don't have time to attend hospital appointments for both child or I, i cannot attend interviews as working 5 days and now summer 6 week holiday means childcare, parking and i'm already overdrawn on the 15th July..it's not viable either way.
If I leave due to being unable to even attend which is basically the way - we have 4 hospital/school appointments this week will the benefits team let me apply for job seekers or delay? I would add I've never claimed in my whole life but need to consider now xxx

Brunswick993

It can be a worrying time, but please don't make a panic decision. Get some more advise.

Sounds to me like your boss either isn't fully aware of your personal health and commitments to your child, which is much more important, or has a severe lack of empathy. You need another one to one meeting with him to fully explain and clarify your dilemma. A good boss will understand.

You can remind him that you were part time, and that was your origonal contract term, and you've tried the additional hours but it really isn't working due to your personal responsibilities, which is why you're late etc.

For future benefit entitlements, It would be better if you were offered redundancy rather than if you resigned. After 2 years it won't really cost your employer more than 2 or 3 weeks pay, depending on your age.

That's how I see it from the info given, but others might have other ideas.

Stay strong, and good luck.

calcotti

Brunswick993 wrote: »

For future benefit entitlements, It would be better if you were offered redundancy rather than if you resigned. After 2 years it won't really cost your employer more than 2 or 3 weeks pay, depending on your age.

If the employer still wants the job done and would appoint somebody else to replace the OP if they left then I don’t think the employer can offer redundancy because the job isn’t redundant.

OP, you really should try and get some advice. There are rules around requests for flexible working and what happens if a request is refused. If these are followed and it ends up with you having to leave work because your employer has not accepted a request it will be clear that you have not wilfullyleft employment.
https://www.citizensadvice.org.uk/work/rights-at-work/flexible-working/flexible-working-how-to-make-a-request/

There are also potential discrimination issues https://www.citizensadvice.org.uk/work/rights-at-work/flexible-working/flexible-working-discrimination/

moneysaver2017

Unfortunately I believe you to be correct. The position is being closed so not being made redundant and also they need full time due to work load - it can't be done part time thus the change. I feel my only choice is to leave whilst school holidays otherwise will be sacked as failing. Manager and I have chatted twice now..he just says same thing ie sad to see if you go and children first ie get on with it !

moneysaver2017

Thank you that's really informative and agree he cant make me redundant. Unfortunately i dont have time to persue flexible hours, one is i know for a fact they have to 'consider' however they NEED someone to do my role full time as i agree it cant be done part time. Issue is taking the CAB advice and emails when you know the above is more time consuming when my overdraft is paying for more childcare/parking/fuel and to no gain...iI do know i have to leave if to even get to interviews, however unsure on benefits and if they will see i left intentionally

elsien

moneysaver2017 wrote: »

Unfortunately I believe you to be correct. The position is being closed so not being made redundant and also they need full time due to work load - it can't be done part time thus the change. I feel my only choice is to leave whilst school holidays otherwise will be sacked as failing. Manager and I have chatted twice now..he just says same thing ie sad to see if you go and children first ie get on with it !

Have you had a discussion with them about job sharing or getting another part timer for the days you aren't there?

Brunswick993

calcotti wrote: »

If the employer still wants the job done and would appoint somebody else to replace the OP if they left then I don’t think the employer can offer redundancy because the job isn’t redundant.

If the previous role was a part time position, and the new role is full time, does this not constitute a new job, and therefore redundancy qualifying? Just curious whether there might be a case for argument.

I read that if you quit a job it can delay possible benefits for up to 26 weeks. Sorry can't post link, but google 'resign and benefits'.

calcotti

Brunswick993 wrote: »

I read that if you quit a job it can delay possible benefits for up to 26 weeks. Sorry can't post link, but google 'resign and benefits'.

Incorrect,13 weeks for first sanction on UC https://www.gov.uk/government/publications/universal-credit-and-you/universal-credit-and-you-a#sanctions

OP, can you get anything in writing from your employer or do you already have it?

As the primary carer of a 2 year under UC you are not expected to work full time so seeking to reduce your hours is reasonable and if you’re employer has refused I think the risk of a sanction in these circumstances is reduced but cannot be ruled out. This assumes that your partner works full time and cannot therefore be the primary carer.

Brunswick993

calcotti wrote: »

Incorrect,13 weeks for first sanction on UC

The comment comes from a gov site, just so you know I didn't just make it up, ww.nidirect.gov.uk/articles/resigning-job

To quote:-

Your benefits if you resign
Any benefits you receive may be delayed for up to 26 weeks if you voluntarily quit without good reason.
If you are claiming constructive dismissal, tell your local Jobs and Benefits office.
If you don’t qualify for Job Seeker’s Allowance or Universal Credit under normal rules, you may be able to claim a hardship payment, based on your individual circumstances.
For more details, contact your local Jobs and Benefits office.

Perhaps it is incorrect, or maybe the info on the gov site page is out of date, or just plain wrong, but it's there for all to read, and it should be changed if it is incorrect.

kingfisherblue

If your 2 year old has special needs, do you receive DLA for him/her? If so, you can leave your job and claim Carer's Allowance if DLA is paid at middle or higher rate. I believe that there is no sanction if you leave a job because of caring for a disabled person. You can then, if you wish, seek work that pays up to £123 a week, if you want to keep CA. Or of course, you could seek part time work at a higher rate of pay. It may be a solution, even short term.

calcotti

Brunswick993 wrote: »

The comment comes from a gov site, just so you know I didn't just make it up, ww.nidirect.gov.uk/articles/resigning-job

To quote:-

Your benefits if you resign
Any benefits you receive may be delayed for up to 26 weeks if you voluntarily quit without good reason.
If you are claiming constructive dismissal, tell your local Jobs and Benefits office.
If you don’t qualify for Job Seeker’s Allowance or Universal Credit under normal rules, you may be able to claim a hardship payment, based on your individual circumstances.
For more details, contact your local Jobs and Benefits office.

Perhaps it is incorrect, or maybe the info on the gov site page is out of date, or just plain wrong, but it's there for all to read, and it should be changed if it is incorrect.

It's definitely wrong for UC in Great Britain - I have no idea whether or not Northern Ireland has some different rule or whether the general paragraph is referring to some other benefits. For UC the sanction, if any, is 91 days from the date of the offence (for example the date of resignation).

OP, the following bits of guidance may be reassuring (but take note that ultimately it is for an individual Decision Maker to decide whether a particular action is sanctionable).
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720661/admk3.pdf

‘Pre-claim’ failures

K1022 Where the claimant is in the AWRR group when they are awarded UC, and a sanctionable failure occurs before making that claim, this is known as a ‘pre-claim failure’.

K1023 Where K1022 applies, a sanctionable failure is where, at any time before the claim resulting in the award of UC is made, the claimant
1. for no good reason failed to take up an offer of paid work1 or
2. by reason of misconduct, or voluntarily and for no good reason, ceased paid work or lost pay.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/787447/admk2.pdf

K2021 Good reason is not defined in the law, but ‘good cause’ and ‘just cause’ are considered in case law. It includes facts which would probably have caused a reasonable person to act as the claimant did.

Employer changes terms and conditions
K2241 If claimants left employment because they refused to accept a change to their terms and conditions, they may not have voluntarily left employment. If they have left voluntarily, the fact that new conditions were imposed may give them good reason for leaving. But if the only reason claimants left was that the change would have reduced their level of pay, they do not have good reason.

Caring responsibilities
K2140 If a claimant is the responsible carer of a child aged 5 – 13 they have good reason
1. not to accept a job that is not compatible with the child’s normal school hours, including the time it takes the child to travel to and from school
2. for leaving paid work or losing pay because working hours are incompatible with caring responsibilities