Can I resign without losing access to Social Welfare?

Kash

In April, I joined a startup with an ex-colleague of mine in a senior position. It was agreed that it would be a 'work from home' position, with elements of flexitime given I have two young children and couldn't commit to anything else, though most of that is not actually written in my contract (more fool me!). All it formally states is:

"hours of work: 8:30am to 5.00pm Monday to Friday (additional hours may be considered necessary in the interests of the company)"

In the past few months, the scope of the work and the direction of the company has completely changed and I have taken it all in stride. However, now I am needed to supervise a retail location, working 9-6pm, 5 days a week, plus every second Saturday.

ETA: The new hours are now 9-6 Mon-Wed and 9-7 on Thu and Fri, with every second Saturday at 10-4.

Unfortunately, that just doesn't mesh with my family commitments. I stated that straight away, and was told I could temporarily work from the shop part time, every day from 9 to 1, drive home over lunch (40 min drive) and work the rest of the day from home.

To be honest, after a week of it, I am not sure I could even make that work but my boss sent me a text last night saying that everyone else is putting in all the hours and she and I needed to chat, that as a startup, it wasn't going to be a 8.30 to 5 job in the beginning, and she needed me at the shop full time.

I definitely cannot do that, i was explicit in stating that before accepting the position. In fact my boss gave me a long speech on how family had to come first and flexitime was key for working mums.

I am considering resigning as I simply cannot facilitate the new demands of the role. However, I do not want to miss out on social welfare if I did need to avail of it while looking for something new.

Do I have any rights in this instance, or have I screwed myself over by not looking for a more detailed contract?

mikeybrennan

I don't think you can leave a job and switch to SW

open to correction

Atlantic Dawn

9 weeks wait if you resign but perhaps some leway if you have valid reason to leave...

10. What happens if I voluntarily leave my employment?

You may be disqualified from receiving Jobseeker's Benefit or Jobseeker's Allowance for up to 9 weeks from the date of leaving employment if you left the employment voluntarily and without just cause.

http://www.welfare.ie/en/Pages/jajbfaq.aspx

somefeen

The guidelines say you can be excluded for 9 weeks if you have left "without good cause".

I'm not sure how they will judge that, but you could argue that the hours and situation changed to be incompatible with looking after your children, thus you had to leave.

However, under no circumstances give them the impression that you are not looking for full time work though!

amtc

It's easy enough to get over the 9 weeks disqualify period. I do know someone who simply wrote himself a letter on headed paper to say that job was terminated.

What you can't get over is the fact that you're not available for full time work. You need to be able to state you are!

johndoe99

as others have stated, you can't leave of your own accord as there will be 9 weeks before you can sign on.

However, if you are let go from your job. You can then sign on straight away.

ShaShaBear

My partner left his last position of his own accord and the 9 week suspension was totally lifted once he could prove he had good reason to leave, which he did.
As others have said, you could argue that the change in working hours is impossible with your home life, but they could also take from that that you are not available for full-time employment, which disqualifies you from SW anyway.

beechwood55

Is it Jobseekers Benefit or Jobseekers Allowance you would hope to get?

Kash

I actually have no idea what the difference is between JB and JA.
I'm sorry. Whichever one would allow me to keep us above water.

I would prefer to get another job straight away but I know that might be hard. I am the primary earner, so losing my salary is something I would be eager to avoid.

I am available full-time, but my childcare is only available until 6pm. I am sure I can't be alone in that. The expected hours have changed again, now it is 9-6 Mon-Wed and 9-7 on Thu and Fri, with every second Saturday at 10-4. That's a lot more than a typical 40 hour week.

Pelvis

Kash wrote: »

but my childcare is only available until 6pm.

Surely it's easier change your childcare arrangements than to change jobs?

Kash

You would think so, but no.

My LG is starting primary school, so the minder needs to be able to pick up and drop off during the work day - i think it is 9-1.30. Their old creche (30 min drive) doesn't pick up from her school, which is understandable, but also why we had to get new child care. There are three local minders, none of whom mind past 6pm, and only one with any space for a toddler (the one we went with)

The school doesn't offer an after school service. That's a rant for another forum, but I have genuinely tried to find something that works for us and failed miserably. That is why I cannot be as flexible as I might like.

C3PO

If you explain to your boss that you can't make the new arrangements work would she not just let you go and then you can sign on straight away?

Kash

I she cannot provide the original agreed hours and location, then I would hope so.

I did formally request a chat about her text, looking for clarity on the expected hours and location.
Unfortunately, she is not answering calls or messages today, so I have no idea what is going on.
I

beechwood55

JB is a payment that you may be eligible if you have paid enough PRSI contributions. It is not means tested. It lasts for up to 9 months. JSA is means tested.