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Am I Entitled To Any Benefits If I Walk Out Of Work?
17 Answers
I work for a local authority and followiong a service review they have cut our sevice down from 4 people to 1 and have cut the budget by 95%. The one post left is supposed to be fought over by just one of my colleagues and me(the other two are moving on of their own accord). Even that one colleague, having seen the new job description and the way in which we have been treated, has decided that whatever the result, he will just be walking away. I have been doing this job for over 33yrs. If I also choose to "just walk", can I claim any benefits until I hopefully, get another job?
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They are really making it difficult to stay. The whole process and the way in which they have dealt with it is very questionable, but (surprise!) they never actually put anything in writing to help you make your case! Very long story which I wont bother you with, but I would have a case for constructive dismissal if I had physical evidence! Its that bad!
The job that I do, by law, they must have at least one person doing it. If the other 3 are going, I don't think that they would agree to my redundancy coz it would leave them in the lurch. I don't want to go coz its a job that I love doing, but they are being as awkward as possible, hoping (i think) that I will just walk away and make them have to pay me out on redundancy. its cheaper to just let the other 3 go!
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The answer to your first question is that you can't claim JSA for a number of weeks after you 'walk out'. It used to be 12 weeks but it may be 6 as FGT suggests.
Secondly, you are at risk of the employer making life even harder for you is you just 'walk out'. You should resign giving your contractual notice. Otherwise you are technically in breach of contract and the employer could sue you (for the costs incurred during your notice period). It doesn't often happen but if you've got a difficult employer then it could.
Thirdly you don't need 'physical evidence' to demonstrate constructive dismissal. Start your own personal diary NOW of key events that happen on a daily basis - especially notes of conversations you have with your manager and/or the chain of managers. That would be useful to you if push came to shove. Do you realise that constructive dismissal is a high-risk strategy in that you leave (without giving notice!) and tell the employer that you are resigning and claiming constructive dismissal. That means that you are alleging that the behaviour of the employer is so poor that there has been a fundamental breach of the contract by the employer. Then you use the Employment Tribunal to make your case.
Fouthly, if the other three ARE leaving, then there isn't a redundancy situation because the employer has told you there is one job remaining.
Secondly, you are at risk of the employer making life even harder for you is you just 'walk out'. You should resign giving your contractual notice. Otherwise you are technically in breach of contract and the employer could sue you (for the costs incurred during your notice period). It doesn't often happen but if you've got a difficult employer then it could.
Thirdly you don't need 'physical evidence' to demonstrate constructive dismissal. Start your own personal diary NOW of key events that happen on a daily basis - especially notes of conversations you have with your manager and/or the chain of managers. That would be useful to you if push came to shove. Do you realise that constructive dismissal is a high-risk strategy in that you leave (without giving notice!) and tell the employer that you are resigning and claiming constructive dismissal. That means that you are alleging that the behaviour of the employer is so poor that there has been a fundamental breach of the contract by the employer. Then you use the Employment Tribunal to make your case.
Fouthly, if the other three ARE leaving, then there isn't a redundancy situation because the employer has told you there is one job remaining.
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