If I resign from my job can I still claim JSA?

dirtydog · 26 Apr 2008 at 14:03

MickeyFinns said:
Go for constructive dismissal. A friend of mine is going through the proceedings currently. If successfully you will qualify for JSA and also receive severance pay. Plus you may get lucky and the company will settle out of court.

You will need evidence of it though so lodge a complaint before seeing a solicitor.

Yes, he must go through his firm's formal grievance procedures first or any claim for constructive dismissal will fail.

Scam · 26 Apr 2008 at 14:09

The hassle there is to get on JSA is hardly worth it for two weeks. Stick with your job as it is and just get job hunting. If you feel that strongly about your situation at work, make a formal complaint etc. and make the persons life hell.

Kemik · 26 Apr 2008 at 14:18

gareth.e said:
I haven't got a clue, but I think he's going on the fact that if you have been working less than a year you can't claim for redundancy?

You need to have worked there for at least two years to complain constructive dismissal. You need to also have evidence that it's a serious breach of contract which makes it impossible for the employee to continue working there.

Depends on your job too. If you're a worker (not all workers are employees) you've pretty much got zero rights

Could also go with health and safety (i.e. stress caused by bullying). You really need to have talked to your employer a few times and if they can show they've done something you claim won't stand.

Tican · 26 Apr 2008 at 14:36

Someone I know left their job due to bullying, and they got JSA straight away, they didn't speak to their managers etc as it was them who was doing it. But you are going back 2-3 years

What I would personally do though is just look for another job whilst your still in that one, as said its easier to find work if you are currently in a job, and they expect people need to work out a notice period... or speak to someone like the Regional Manager.

dirtydog · 26 Apr 2008 at 15:19

Kemik said:
You need to have worked there for at least two years to complain constructive dismissal.

No, one year.

You can make both an unfair constructive dismissal claim and a wrongful constructive dismissal claim as long as you qualify to do so. In most cases you need at least a year's service before you can make an unfair dismissal claim.

http://www.direct.gov.uk/en/Employment/Employees/RedundancyAndLeavingYourJob/DG_10026696

bubblebobble · 5 May 2008 at 14:00

As an employer of 20 people we have a very strict policy relating too bullying within the workplace. Do you not have a formal complaints system?
Are you part of a union?.....as previously said earlier in the post , is it not resolvable at a lower level?

Pestilence · 6 May 2008 at 01:14

First, you need to report the bullying to your immediate line manager.

Give them one week to bring it to an end. If this doesn't happen, file an internal grievance towards both the individual involved, and the management for not taking it seriously.

Give this two weeks, and if it still continues file a tribunal request for constructive dismissal. At this point you'll have made them aware of the situation and how it is affecting your professional and personal life, and since they've done nothing to stop it, they're forcing you to resign.

There would likely be no need to go on JSA at this point since winning the tribunal will leave you nicely in pocket for job hunting.

NokkonWud · 6 May 2008 at 02:53

You have to wait 6 months if you resign, but you can get a job immediately.
My mate resigned, went to the Job Center, got a 2 week temp job, as it was ended by the company he was then entitled to JSA.

dirtydog · 6 May 2008 at 07:26

Pestilence said:
First, you need to report the bullying to your immediate line manager.

Give them one week to bring it to an end. If this doesn't happen, file an internal grievance towards both the individual involved, and the management for not taking it seriously.

Give this two weeks, and if it still continues file a tribunal request for constructive dismissal. At this point you'll have made them aware of the situation and how it is affecting your professional and personal life, and since they've done nothing to stop it, they're forcing you to resign.

There would likely be no need to go on JSA at this point since winning the tribunal will leave you nicely in pocket for job hunting.

He would still be foolish not to sign on for JSA. a) it's extra money and you can never have too much, b) he'd get his NI contributions credited, c) he might not find a job very quickly anyway

Richdog · 6 May 2008 at 07:32

dirtydog said:
Yes, he must go through his firm's formal grievance procedures first or any claim for constructive dismissal will fail.

Yup, in this situation ALWAYS go through the proper procedures... tell your boss (either directly above or a notch above him depending on the situation, then put it in writing, and escelate as necessary so any investigating body could see clearly that you have done things by the book and followed a proper complaints process, which will legally put you in VERY good standing. It may not make you popular with your manager or colleagues... but then again if you're being bullied i'm guessing that's not an issue anyway.