Question on behalf of (sort of) DIL

[OldLadyKnowsNothing]

She applied for a job with a local company, (it's an elderly-care home, so 24/7/365 need to be covered) who said they were happy to take her on, subject to Disclosure. (We are in Scotland; this is the same as a Criminal Records Bureau check.)

Either Disclosure or the company fucked up, but many weeks went by until her certificate came through. At interview, she had said very clearly that she would not be able to work Saturday mornings (9am to 1pm) because of prior committments, and she was told this was fine, they could work round that. That was her only caveat; she'd work Christmas, New Year, Bank Holidays etc willingly.

(At least one other member of staff is unavailable Saturday and Sunday mornings because she likes to go on the piss on a weekend - we know this through two other friends who work there, and the company have been happy/accepting to accommodate this.)

Once her Disclosure certificate came through, she worked one shift before they told her that she had to be available for any shift, including Saturday mornings.

Her Saturday mornings are, in the long term, far more important than the dead-end care job* (she's doing a Uni access course) so she felt she had no option but to bin the job. I fully support her in this.

However, she was signed-on the dole (I'm not sure which benefit she was getting, it's way too complicated for me these days) before she started at the care home, and signed off when she was told she was getting the job. She then went to sign on again, and was told that she's not entitled to anything until some time in June, because she "left her job voluntarily" according to the care home.

She has not been paid (yet - there's time) by the care home for the one shift that she did, nor does she have any form of written contract with them. Any verbal contract she has includes the "not available Saturday mornings" bit, but of course a verbal contract is worth the paper it's written on. I have advised that she appeal the dole decision, but I'd appreciate any more informed input you people can give me/her.

Please?

*Absolutely no insult intended to care workers, but the job really was minimum wage with no chance of future training or promotion, and she's only a young lass.

The DWP wont accept the appeal. Well you could try but theyd prob just throw it away and say they never recieved anything.

It is the same in England when you voluntarily leave a job, you have to wait 3 months before signing on again. She wont be entitled to JSA but may be entitled to IS.

She really shouldnt have told the Jobcentre about the new job until she had her first paycheque. How come she has no writen contract between her and employer?

I would suggest writing to the Manager of the jobcentre of which she attended. Make it like a 'complaint' and it will get heard. 'Processing' the people who would recieve her appeal, as well as the descision makers will most likely try and fob her off.

Another route would be to take it up with the Emploment tribual and get thier view on the subject. They may see unlawful acts on behalf of the Care home. Was she under an agency by any chance?

can she go back and not turn up Saturdays and wait til they fire her?

Thanks, ladies. Laurie, she's already left, they won't offer her more shifts. Chellesgirl, she didn't have a contract because the care home are a shower of fuckwits, and in any case it's not a legal reqirement until 13 weeks in, or some such - their admin isn't great so I guess they leave everything to the last minute. Is it really not worth appealing? I did, years back, when the DSS (as it was then) said I'd left my job voluntarily, and I replied saying if that was the case how come I was going to an industrial tribunal?

She wasn't with an agency, no, she applied direct to the care home and had excellent personal references from the two friends who already work there. The home were very keen to take her on at first, then the manager changed and all of a sudden she's persona non grata.

I also suggested she try the CAB, and she's going to try them on Monday, but I know they can be terribly busy.

I doubt she would get anywhere with an appeal either, she did leave voluntarily - they didn't dismiss her.

If she is not willing to work saturday mornings then perhaps taking on a job with shift work was not the best choice of job.

Its one word against another and as the job is shift work its likely they would side with the employer. She also needs to be careful re JSA and stating she wont work x as she will be expected to work unless she has caring commitments.

Yes let her go to the CAB and speak to the employment solicitor. Theres one for everything there. But she will only get help if they see that she can not afford the solicitor outside of the CAB. She will be booked an appointment, and then have an interview with one of the admin at front desk who will determine wether she needs to proceed. They then will if needs be, offer her a solicitor, but make sure she gets all contact details for this person as they are hopeless there at keeping things in check.

I would suggest she writes a letter to the carehome saying sorry for leaving but she had no choice- list previous committments and her reason for leaving. Then get her to ask them why they would not let her have her saturday morns if they had verbally agreed before hand. Copy the letter and give it to solicitor. Id also get her to get the friends that work there to write a statement (if they heard the convo)about what they heard in the verbal contract.

She will have to wait a while with CAB as they can take ages to process things. And by this time shed probably be able to sign on. But anything worth a try.

Thanks again ladies, I'll pass that on to her. With luck she'll get another job soon and it'll all be irrelevant anyway, I know she hates confrontation.

I wish her good luck!