JSA: Employer claiming job was left voluntrily

mogimorgan

Hi all,

Just received a letter this morning saying that there is doubt over my claim for JSA. They think I may of left my job voluntarily. My old employer has written " LEFT VOLUNTARILY (Employee never returned and made no contact and so terminated their own contract of employment"

Now this is complete rubbish. I started there as a Sales Executive on 22nd October and had a 3month probationary period. On the 4 December at end of business my boss basically said to me that I hadn't made enough sales and that if I left he would give me a good ref, otherwise he would have to just sack me and than would look bad when I go for a new job. I didn't have much choice or time to think about so we just mutual decided to leave.

But now I have this letter from JSA to reply too and I am scared I could get a santion if the decision doesn't go my way (which I cannot afford) so any advice on what I should reply back with? Anyone work for the DWP know what I should say?

Many thanks.

vbird74

When you had your interview with an advisor at the beginning of your JSA claim they should off asked the reason why you left your last job.
Decsion makers are very good at looking at both sides. What I suggest you do is to reply to the DWP letter and include as much information as you can. The more information you provide the better it will be for your case. Have you got any written proof for example that you were on a probationary period, because that will proove that the job would not off lasted for more than 26 weeks anyway. It does not sound as if the employer has provided much information.
If the worse comes to the worse and they do sanction your JSA you can apply for hardship, but to be honest hardship is very hard to get. I also think that you can ask for them to look at the decision again.

mogimorgan

Well I have my contract of employment that states I will start on a 3month probationary period and than it will be reviewed to make me a permanant employee.

However I assume during this probationary period it's just to see if I was good enough at sales, which I wasn't! But surely I shouldn't be punished for taking a job and not being good at it lol.

Yeah I know about hardship however they don't pay anything for the first two weeks of any sanction and than will only be around 40% of JSA so only 18 pound a week which is going to be impossible to live off!!

Hopefully I will start work before they make a decision lol.

vbird74

The benefit is processed as normal until a decsion comes back, so maybe stall it as long as possible before you send your reply to give yourself a bit of breathing space

mogimorgan

Thanks, it says I need to send it back within 7days of the date on the letter (7/02) so don't think I will post it yet lol.

Any more advice on what to write? any special magic words? lol.

LittleVoice

vbird74 wrote: »

. Have you got any written proof for example that you were on a probationary period, because that will proove that the job would not off lasted for more than 26 weeks anyway.

I would not rely on this reasoning. If everyone who began employment with a probationary period never stayed in a job for more than 6 months, there would be a lot more staff turnover than there is.



Clearly the OP (mogimorgan) does not have a letter of dismissal (and the employer does not have a resignation letter) so the box that is ticked cannot be disproved - and in fact seems to be a statement of fact. If there is no box to tick which says "mutual agreement", then it would have been wrong for the employer to say OP had been dismissed - when they apparently have agreed not to put this in a reference.

I think the best thing to do is to tell the truth. You had not been there for the fully probationary period but would appear to have been there long enough for a conclusion to be reached about your suitability. That seems reasonable. Perhaps DWP will write for further clarification from the employer, who may well back up your story - that you were not suitable but that you had not recklessly done something to make yourself unemployed.

Westy58

Believe it or not your case is not unusual and appears frequently in the workload of a DWP decision maker.

1. When you reply it is almost certain your evidence will be referred back to the employer for their reconsideration.
2. Treat this as a legal submission and quote names, dates and actual words if you can remember them. Include a photocopy of your contract. Everything you can to make your story believable. Sales figures , warning about performance anything that could back your story.
3. Your benefit cannot be sanctioned if there was no job to leave voluntary and your employer made it perfectly clear there was no job for you.
4. Your employer doesn't know what evidence you have to back your case and will not risk a libel case by denying what you say - but remember to stay to the facts.

mogimorgan

Westy58 wrote: »

Believe it or not your case is not unusual and appears frequently in the workload of a DWP decision maker.

1. When you reply it is almost certain your evidence will be referred back to the employer for their reconsideration.
2. Treat this as a legal submission and quote names, dates and actual words if you can remember them. Include a photocopy of your contract. Everything you can to make your story believable. Sales figures , warning about performance anything that could back your story.
3. Your benefit cannot be sanctioned if there was no job to leave voluntary and your employer made it perfectly clear there was no job for you.
4. Your employer doesn't know what evidence you have to back your case and will not risk a libel case by denying what you say - but remember to stay to the facts.

Thanks. That sound very helpful. I will try and write with as much detail as possible. If I get the job I want with the local coucil hopefully I can tell them both were to go and forget about it. But just in case I will follow your advice and see what happens. I just cannot understand why they have said what they said, surely it makes sense not to. Maybe it was just a clerical error, heres hoping lol.

LittleVoice

mogimorgan wrote: »

. . .. I just cannot understand why they have said what they said, surely it makes sense not to. Maybe it was just a clerical error, heres hoping lol.

Depending on what choices were available to your former employer on the form, then the box they have ticked seems to me to fit with the story you are telling.

You were given the option of not continuing without being sacked so that your employment record would not show a dismissal. That is what they have recorded.

Did you want them to lie by saying to the DWP they had dismissed you (when there is no written evidence that they did) and at the same time saying to a future employer that they had not?

Luvly.cuppa.T

Whoa Bob, that's a bit harsh.

Sales isn't everyone's cup of tea. Not all of us want to shove products down everyone's throats, or take people's money when they aren't sure themselves.

In this line of business you have to have the knack. Simple as. Nothing to do with hard work.

dmg24

Anyone else thinking that Bob Malooga is a troll?