JSA after resigning

[misselle]

For the last 6 months I have been signed off work sick due to depression brought on by bullying at work, My work are constatly on at me to go back but after a meeting with them it has become apparent that for the sake of my health i cant go back. If i were to resign due to the effect it was having on my health would i be able to claim Job seekers allowance? Ive never claimed it before and i know that if you resign that you have to wait 26 weeks before you can get a claim, are there any exceptions to this?

 

Many thanks

[BankFodder]

If you are able to prove the bullying at work and your employer's apparent failure to deal with it, it seems to me that you have a basis for a claim for constructive dismissal.

Have you considered this?

What work do you do?

Do you have a union?

[misselle]

Im a civil servant doin admin. I cant prove the bullying as no1 will stand up and say they witnessed it, my work asked me to submitt to a formal investigation but stated because it was my word against my Line managers (the bully) that if it cudnt b poven then i would lose my job, thy have since consented to move me teams but im such a wreck since I got signed off I cant even leave the house now.

[bobajob35]

Hi,

 

i'm sorry to hear about all your troubles, i have been through something similar before, my employer eventually sacked me on health grounds,meaning i was able to claim benefit. i suspect if you have had a meeting with your employer something similar for yourself may be on the Horizon.

 

If you want to leave immediately i would speak to your employer and try to come to a situation where they could let you go and it not affect your rights.

 

You would be no better off financially on jsa, so if you can bear it you could just stay where you are until you were finally dismissed.

 

Failing that you could always speak to CAB or phone the job centre.

 

Hope it works out for you

[insyder]

The 26 week rule is a misquoted rule.

 

There is a law called leaving voluntarily which can affect JSA but the decision maker would make that decision after consulting both parties. If there are extenuating circumstances then the sanction could be waived or lessened. The maximum is six months which is handed out to people who have left voluntarily without any reason but very few people experience that. If the decision maker had received information that you had made a formal complaint that would help your case.

 

 

You should claim JSA from the day you leave work. No-one under any circumstances should wait.

 

In your case, you will start to get payment after processing while the decision maker gathers the facts. They will then make a decision.

 

Let us know if you have any other questions and let us know what happens.

[Braveheart2009]

What was the outcome?