Am I entitled to dole? Please help!

ktob

I am really hoping someone can shed some light for me. I am currently employed and am seeking employment elsewhere but as everyone knows there is NO work out there. The problem is that I simply hate my job. My manager is an asshole who barely talks to me and treats me like a idiot. Its a small company only 6 people working there and its very hard to get up everymorning and go to work. If I make the tiniest mistake its made to seem huge but when he makes mistakes its nothing.
I have consulted a HR specialist and he said I could take them to court but I really dont want to go down that route. I've enough stress as it is.
I'm crying in the mornings before I go to work, I'm not sleeping and I've lost nearly a stone from not eating properly. I know I could go to the doctor and get a cert but I dont want to claim illness benefit as I am willing to work.
If I quit my job due to constructive dismissal am I entitled to dole? Has anyone else been in a similar situation? I cant afford to wait the 9 weeks to get dole if I put on the form that I left of my own accord.
If I go on illness benefit am I eventually entitled to job seekers allowence?
I'd rather be at home searching for a job than miserable with a job. I'm sure there are loads of people who would love my job!

DarkJager

ktob wrote: »

I am really hoping someone can shed some light for me. I am currently employed and am seeking employment elsewhere but as everyone knows there is NO work out there. The problem is that I simply hate my job. My manager is an asshole who barely talks to me and treats me like a idiot. Its a small company only 6 people working there and its very hard to get up everymorning and go to work. If I make the tiniest mistake its made to seem huge but when he makes mistakes its nothing.
I have consulted a HR specialist and he said I could take them to court but I really dont want to go down that route. I've enough stress as it is.
I'm crying in the mornings before I go to work, I'm not sleeping and I've lost nearly a stone from not eating properly. I know I could go to the doctor and get a cert but I dont want to claim illness benefit as I am willing to work.
If I quit my job due to constructive dismissal am I entitled to dole? Has anyone else been in a similar situation? I cant afford to wait the 9 weeks to get dole if I put on the form that I left of my own accord.
If I go on illness benefit am I eventually entitled to job seekers allowence?
I'd rather be at home searching for a job than miserable with a job. I'm sure there are loads of people who would love my job!

One of my friends had this problem before and went down the route of constructive dismissal. He was advised by the Social welfare that he would need to supply a letter from the solicitor stating this before he could go on the dole, but it is possible in this case. As far as I know, if you just walk from the job you must wait 9 weeks before you can apply for it.

However, there is no reason for anyone to put up with that level of stress regarding a job no matter what the current economic climate is. I think you'd have solid grounds for constructive dismissal, especially as the stress being caused to you is now causing emotional anguish as well.Go for it.

RachaelVO

Constructive dismissal is definitely the best path to go down. However they are going to investigate it thoroughly. If this is the path you do go down, you are going to have to start keeping a record of everything.

1. The times and dates of conversations with your boss regarding work
2. What was said in those conversations
3. The tone of those conversations (your interpretation of the tone)
4. How you felt afterwards. Might feel a bit new agey for some people, but that has to be taken into consideration.

It may also be worth thinking of trying to (if possible) talking to your boss with a colleague present (a trusted colleague, someone who can just witness the conversation). Discuss what you think, and that is some way you feel that he/she doesn't like you too much and that you feel that you are being unfairly treated. Giving some examples, He/she might not realise you feel that way, and it could change things. I'm not saying it will, I'm saying it might.

Most important thing is to ensure you have a complete record, just going to a solicitor might not be enough on it's own to get social welfare, keeping a record of dates and time is your back up!

tenchi-fan

If you leave your job, the welfare officer may write to your employer to ask whether you left your job voluntarily and whether there are any positions available. If they say yes to either, you'll be disqualified from the dole for 9 weeks.

I know it must be tempting to just leave and job-hunt in the comfort of your own home, but you really should try your hardest to jobhunt while you're still employed. You're more likely to get a new job while you're currently employed without gaps on your cv.. particularly as one question you're always asked at an interview is "why did you leave your last job" & they'll also expect a reference from your recently employer.

I think the best thing you can do now is take a week's annual leave and do some seriously relaxation. When you return to work stop focusing on the negative. Most of your insecurities about your job are probably in your head.. when your manager points out a mistake just say "sorry, I'll re-do the work" or "I'll look out for that in future". Not eating properly and feeling sorry for yourself is just going to make your situation even worse.

mrsbyrne

you do not need a solicitor to proceed with a case for constructive dismissal (unfair dismissal), although as most employers turn up at the hearing with legal help it probably is for the best. however you do need to have a concrete reason to complain. your employer needs to have contravened some employment law be it the payment of wages act (no payslip for example) terms and conditions of employment act (no contract) health and safety at work act (bullying for example) and so on and so forth. in order to pursue a complaint under this act (health and safety at work act) you would need to prove and have evidence that you brought the bullying to the bosses attention, and that ultimately nothing was done about it. one of the first questions you will be asked at the hearing is "what have you done to look for work since you dismissed yourself?"if you have no evidence of searching for employment your case will be dismissed!:mad: claiming that you did not like your bosses tone of voice or that you cried every morning when you woke up will be met with polite disinterest. im afraid they will see this as irrelevant. you may be just "over sensitive", or unsuited to your chosen profession. not my opinion but probably theirs. once you have established that your boss is unlikely to see things your way (you must at least have one meeting with him/her) you can give in your notice, tell him that you intend to pursue a complaint under the health and safety at work act then go to the citizens information centre and they will help you to fill up a complaint form. make a photocopy of the completed form and get proof of posting from the post office when you send it. take the copy of the complaint form and the proof of posting to the SW office and make your claim for JB with this evidence as proof that you were left with no other choice but to quit.not guaranteed to work but then nothing is guaranteed in this life but death and taxes.when you hearing comes up you may want to hire a solicitor. good luck.

tenchi-fan

mrsbyrne, good post but it could do with some paragraph breaks

I actually agree with the point you make that the op could be seen to be over-sensitive. That's the first thought that popped into my head.

Op, you're talking about one person who corrects you for making mistakes that you actually made!! You would be a lot better off asking him to fire you than to go down the constructive dismissal route which could leave you unemployable.. they are very serious allegations to make and by the looks of it unfounded.. your employer has no intention of dismissing you, constructively or otherwise.

mrsbyrne

tenchi-fan wrote: »

mrsbyrne, good post but it could do with some paragraph breaks

I actually agree with the point you make that the op could be seen to be over-sensitive. That's the first thought that popped into my head.

Op, you're talking about one person who corrects you for making mistakes that you actually made!! You would be a lot better off asking him to fire you than to go down the constructive dismissal route which could leave you unemployable.. they are very serious allegations to make and by the looks of it unfounded.. your employer has no intention of dismissing you, constructively or otherwise.

off-topic i know (please forgive me) but my 13 year old daughters English teacher constantly marks her essays down for having no paragraphs! you cant beats the genes!

DarkJager

tenchi-fan wrote: »

mrsbyrne, good post but it could do with some paragraph breaks

I actually agree with the point you make that the op could be seen to be over-sensitive. That's the first thought that popped into my head.

Op, you're talking about one person who corrects you for making mistakes that you actually made!! You would be a lot better off asking him to fire you than to go down the constructive dismissal route which could leave you unemployable.. they are very serious allegations to make and by the looks of it unfounded.. your employer has no intention of dismissing you, constructively or otherwise.

Constructive dismissal has nothing to do with the managers intentions. Its the build up of grievances and poor treatment over time, that results in the stress that makes you simply feel you can no longer seperate your business life from your personal life. That sounds exactly like the OPs problem; he/she is not being treated professionally in his/her job as is being made to feel like an idiot - completely unacceptable behaviour from any work colleague, especially the one supposed to be in charge.

There is no shame in taking constructive dismissal against an employer that fails to observe common workplace decency, in fact it usually puts a black mark on them rather than you so I can't see why you'd think she/he would be unemployable as a result.

Fabo

whats happening here is very common. the boss wants you to leave but doesnt want to pay you redundancy and resorts to bullying you in the hope that you leave on your own accord.

Im in a similar situation, boss tries to blame you for the recession and blackmails you into finding work so you can meet your targets . totally unreasonable behaviour. I've no option but to leave my job but I dont know if I'll qualify for SW. Lucky enough I am getting called for interviews but I've found out that a lot of employers out there are not accomodating to people who are working and cant attend interviews during working hours. Ive lost out on countless interviews because I simply cant answer my phone in the office and start talking about another job.

Focal

You shouldn't have to put up with this at work. Its very difficult to leave a job but I hope you fine something soon. If you can manage at all I would give up the job and apply for welfare in 9 weeks. I know be tough waiting on dole but I think its much tougher been in job that makes you so miserable.

I hope it works out for you.

mp22

Year old thread.

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