Voluntarily leaving work and getting social welfare

RuthieRose

Hi folks. I have to leave my job. I am due to return after maternity leave soon to a job I love but working with someone who makes my life hell. Before I left thisperson and my former boss sent me nasty emails and left nasty notes. Now my boss has changed to someone I know will be the same. I would only be getting €72 a week after child care and fuel to and from work. It's more the thought of having to work with these people that is why I want to leave. I have been told I may not be entitled to anything from the social welfare ( with 2 kids every penny counts) if I go of my own accord. I'd this true?
I have the emails from former boss. They are a nasty read. Also they want me to go training in the uk which is an over night stay. Training in cork and Belfast all within the first month. I wouldn't see my kids at all and they don't care!
Does anyone know if the social welfare can help me as we are scraping the bottom of the barrel as it is.

Stheno

You have to wait nine weeks for social welfare if you voluntarily leave a job and then claim.

wmpdd3

Go in with the e-mails any proof you have about the training. They could make you wait 9 weeks before a payment, but there have been cases where they have weived this.

Prove you are looking for something else. Dont give the impression that working is not eccominical for you.

RuthieRose

God no... Not working is not an option. In my job I have to work every second weekend without pay! I have stood my ground on not doing this before I went on maternity leave because the last time we did it ( I was pregnant) I was completely stressed out and it may be coincidence but I had a threatened miscarriage on the Monday. They are an international company who couldn't care less. I seriously need the money as my husband who is self employed can only take very little from the company as its not doing too well at the moment and we have mouths to feed and bills to pay. I've worked since I was 16 and spending the last few months at home is more than enough for me! I want to work... Just not with them.

dubscottie

I had to wait 9 weeks.. Its prob longer now with all the cuts.

About your work... If there is a clause in your contract about having to attend training when required, then they could sack you if you refuse to attend which could Null any complaint you may have about the E-mails etc should you have to pursue an unfair dismissal claim.. ( Just to make it clear I am not an expert on employment law).

You should go to your local Citizens Advice to see how you stand as there is more to your problem than just leaving your job..

Dont let the bullies at work win!!

RuthieRose

There is nothing in the contract about training. I have to meet the new boss in the morning to see about parental leave and holiday entitlement. Not looking forward to it at all. Haven't slept since the arrangement was made.
I went to citizens advice and they said to talk to them again before making my decision. I just want to know if I can fall back on the social while I look for something a little more staff friendly

dubscottie

RuthieRose wrote: »

There is nothing in the contract about training. I have to meet the new boss in the morning to see about parental leave and holiday entitlement. Not looking forward to it at all. Haven't slept since the arrangement was made.

Good luck tomorrow and see what happens..

I can't see how they can force you to go on the training if its not in your contract..

If it is a new boss then see how you get on with them before you mention the E-mails..

I would still go to Citizens Info for advice..

www.citizensinformation.ie

RuthieRose

Thanks folks. I'll try get some shut eye. I'm feeling a little more confident now. Thanks

Toto Wolfcastle

They assess all claims made by people who have left their jobs based on individual circumstances. If you have a good reason for leaving your job then they will approve your claim. My experience was that I had to write details of why I left and the claim was approved days later. As long as you are honest, willing to work elsewhere and, in your case, have evidence, then your claim should be approved.

Stheno

RuthieRose wrote: »

There is nothing in the contract about training. I have to meet the new boss in the morning to see about parental leave and holiday entitlement. Not looking forward to it at all. Haven't slept since the arrangement was made.
I went to citizens advice and they said to talk to them again before making my decision. I just want to know if I can fall back on the social while I look for something a little more staff friendly

OP if it's an international co. there should be grievance procedures to follow.
Have you looked into any of those?

Esoteric_

I'd also advise following the grievance procedures set in place in your handbook or contract.

With regards to the 9 week exclusion period - when I quit my job, this was waived for me, but only because the things that caused me to quit left me in genuine fear for my safety, which the social could easily see and agreed with me about. That said, I had to explain to them about the grievance procedures that I followed, which is why I'd advise following the grievance procedures before leaving.

If you're genuine and have a valid reason for leaving, they will take personal circumstances into account. There is a wait in most offices to actually receive your first payment (I had to wait nearly 2 months because my local office is really busy), but you can apply to get Supplementary Welfare Allowance if you are left waiting for the payments to come through.

RuthieRose

Thanks again folks. I was in today. Sick pay gone. Must work every second weekend and a day off in lieu which is no good as I will still have to pay childminder for the normal days and extra for the two days at the weekend! This would stand even if I had parental leave. If I am required to work late I have to. Also if the evening shift supervisor goes on holidays I have to cover her shift. My contract is very loose and open for them to interpratate (spelling???) what ever way they want. Oh and "company policy" is that I must attend training courses no matter where they are.
Bottom line. They don't care what my personal circumstances are. If I don't like it then.... Now this has changed from before but not my actual contract as its so loose.
So it begins again. It was made very clear that if I couldn't be flexible then my life would be made very difficult. I'm stressed already. I am going to go back to citizens advice and see what they think. I'll break.

mp22

RuthieRose wrote: »

Thanks again folks. I was in today. Sick pay gone. Must work every second weekend and a day off in lieu which is no good as I will still have to pay childminder for the normal days and extra for the two days at the weekend! This would stand even if I had parental leave. If I am required to work late I have to. Also if the evening shift supervisor goes on holidays I have to cover her shift. My contract is very loose and open for them to interpratate (spelling???) what ever way they want. Oh and "company policy" is that I must attend training courses no matter where they are.
Bottom line. They don't care what my personal circumstances are. If I don't like it then.... Now this has changed from before but not my actual contract as its so loose.
So it begins again. It was made very clear that if I couldn't be flexible then my life would be made very difficult. I'm stressed already. I am going to go back to citizens advice and see what they think. I'll break.

A thread here would do no harm http://www.boards.ie/vbulletin/forumdisplay.php?f=10

Bustler

I think you should go to your GP and get signed off sick with work related stress. you can then claim illness benefit while you are looking for a new job. I had to do this a while ago. You might be waiting a while for your claim to go through but you could go tothe community welfare officer in the meantime to get some money. Good luck and I hope it works out for you, I've been there and it's rubbish:(

Carmeii

Bustler wrote: »

I think you should go to your GP and get signed off sick with work related stress. you can then claim illness benefit while you are looking for a new job. I had to do this a while ago. You might be waiting a while for your claim to go through but you could go tothe community welfare officer in the meantime to get some money. Good luck and I hope it works out for you, I've been there and it's rubbish:(

How did u go about doing this? Did u leave your job officially before claiming illness?

goz83

Is there someone else in the company above your boss you could approach? With the email evidence, you have something to work with, but leaving to get social welfare is a poor decision unless it's your only decision.

If you feel you have to leave, I recommend getting that doctors note to certify you are unable to work due to stresses caused at work. You can then apply to the employment equality authority ( http://www.citizensinformation.ie/en/employment/equality_in_work/equality_authority.html) seeking unfair dismissal. You don't have to be sacked to apply for this. If one has to leave ones employment due to bullying, or otherwise being forced to quit, then one was effectively fired. Can you prove they said that they would make life very difficult if you did not attend training?

I'm open to correction here, but if training is not in your contract, you can refuse. It would be unwise to refuse to be flexible, but there is more to life than work and any reasonable employer recognises this. If the contract is open to interpretation, then it's open both ways. Take time to list your grievances and if you cannot approach a higher boss and/or must leave; make sure you take all the right steps, because it could take a long time for welfare to come through and you may not find another job at all.

EDIT: Your case can be referred to the labour court too, afaik. Can't recall exact criteria, but it's automatic labour court if you are employed with an employer for less than 12 months. I am guessing you have been there longer, so I am unsure about this path for you.

LegacyUser

if you don't follow the grievance procedure to the end you will have little or no chance at winning unfair dismissal as you have not given the company a chance of fixing your grievance.

In regards to illness benefit if you have the relevant stamps you wont be wanting for a payment, with the changes in the budget I think the company have to pay this for the first 4 weeks.

If you go out on work related stress, the company will have to thread carefully, they will probably will send you to company doc, but once your doctor signs you out there is little you can do.and while you are out you can follow the company procedure.

just so you know work related stress can be considered a work related injury and claim for injury have been paid that is why company's jump when they hear stress mentioned.