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Can I claim JSA if I resign?

7 replies

slug · 07/04/2008 10:38

Long story mostly posted here. Basically I am about to have my contract terminated, but really want to resign first. I've been put in a bit of an impossible position at work, having been denied the training I need in order to do my job properly and my boss has made it clear I will not have my contract extended beyond the 3 month probationary period.

I'm the sole earner, so I'm reluctant to resign. However, resigning will make it easier for me to get another job than having 'contract terminated for poor performance' on my CV. I am actively looking for work. I have an interview on Thursday, though I don't hold out great hope of getting that job, it was a speculative application and I only barely scrape the essential criteria.

Anyway, DH is a full time SAHD. He's looking for work, but his is a specialised field. If I resign can he, or I claim benefits? I hope it dosen't come to this, but I'm desparate to get away from a bad situation.

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Lauriefairycake · 07/04/2008 10:43

I don't know about him but I think you can't claim for 16 weeks if you resign- if they fire you, you can - very unhelpful unfortunately

horseshoe · 07/04/2008 11:21

Slug - No I dont think you can claim JSA allowance.

However, I am sure but back up with a HR person if you can find one on here....that the company would be hard pushed to terminate your contract after 3 months if you have been denied training. Basically they would have to EXTEND your probationary period for another 3 months otherwise you have a case to sue them in a BIG WAY.

And so it is worth pushing for this and then finding another job in the interim.

horseshoe · 07/04/2008 11:27

Hi, Sorry just updating myself on your thread.

I THINK you can go for JSA if you claim "constructive dismissal" which I think in this case you may have.

Keep as much documents as you can and phone the job centre for their advice.

slug · 07/04/2008 11:37

They've extended the contract for a week, not 3 months. I wasn't happy, I was hoping for a month, given I was plonked in a corner and ignored for that amount of time. However, my boss is making it very uncomfortable for me. I've just been pulled up on a very minor detail, that none of the other staff bother with, and which I could not have, given my lack of training, realistically been expected to know. I want out with my dignity and self respect intact.

I just wonder if DH would be able to apply, so at least we would have SOME money coming in.

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horseshoe · 07/04/2008 11:48

Def talk to HR - Ask for a meeting with them without Boss present. State your case clearly and ask where you stand re references etc.

As long as you are non-confrotational, you are well within your rights you express your concerns. That is what they are there for.

State that you consider the weeks extension as being unacceptable considering the level of training you have been provided with.

State that the length of time has not given you an adequate amount of time to find a job etc...

in addition, nothing is in writing as yet and so they cant just drag you in and say see you later. You are also entitled to take time out to attend interviews etc.

Before you resign you really need to speak to HR. Then ask them their assistance with boss.

TBH honest if you get a boss like that you want out anyway but try not to just resign without getting what you want from them.

HappyMummyOfOne · 07/04/2008 13:19

If you resign, there will be a waiting period for JSA - think for upto 26 weeks.

If you intend to go for constructive dismissal, then you need to follow the internal complaints procedure, ie boss, hr etc followed by raising a formal grievance if still not resolved and possible a tribunal.

However, as you only have a few months service then you need to check your rights as you have few in the first year of employment.

Will your employer argue that you stated you could do x, y and z at the interview and therefore didnt need certain training? Have you sat down or emailed etc with your training needs to try and resolve this during the 3 months you've been working there?

Maybe you or DH could get work outside your specialised field to tide you over until a job comes up in your chosen area.

slug · 07/04/2008 13:59

No I didn't claim to have specialised skills, I was taken on in a trainee role, hence my expectation of some training. I've given DH a boot and hi is looking, but I think it may be digging into the savings time.

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