My employee rights?

[0ddball]

Right, basically i want, no need, out of my current job. Because of the amount of shit i have to put up with which i won't go into but suffice to say i'm a stubborn git, don't give in easily and hate to conceed so when i say it's impossible to carry on there i really mean it. I need out for the sake of my sanity and the people around me.

I thought it would just stick with it and look for something else while i do but it's got to the point where i'm so depressed by the end of the day i'm not in any fit state to fill out applications let alone attend an interview.

I've told my boss i hate it there and want out. The problem is they do not want to sack me.

It's my understanding that you have to be sacked or made redundant to claim job seekers allowance? (really not sure how it all works as i've always been in work from the age of 16). And if i resign i won't get anything for 6 weeks/6 months?

They say if i go i have to resign and if i push it to be sacked they will drag the process out as long as possible during which time they don't want me into work. So basically i'll be on zero money at all.

I really don't want to go onto jobseekers allowance but i need to because of financial commitments i can't break (plus i also need to keep myself in beans and toast for the fortnight).

Another option is to get a sicknote (i have a long term condition that should allow me to do this) but the boss says paid sickness is a privalege not a right so they could simply refuse to pay me?


I feel really awful when i think of how many people are looking for work but believe me, there are not many people who would put up with this job. I've stuck it out so far though stubborness and lost a lot in the process where a lot would have walked well before now.

I'd really appreciate some help from people. What rights do i have. if a take in a doctors sicknote, are they legally obliged to pay me? If i just quit how long before i can claim jobseekers? What's my best course of action?

Thanks in advance

[The Shaggy D.A.]

If they are purposely making the environment shite so that you leave rather than fire you, you may have a case for constructive dismissal. Start taking notes, if you haven't already.
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[Kwaks]

As said, take notes. What does your contract ay about sick pay? At worst you would get statutory, however do you want a prolonged sickness period to explain at future interviews?

Why do they not want to sack you? They must be worried about a tribunel already
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[untitled_warrior]

phone the civic center or job center and ask for the phone/address or details of a company relating to peoples employment and/or where to seek help.

there was a free place up where i live called

"Newcastle and Gateshead TUC Centre against unemployment"

where a guy who has worked on such cases for 20+ years gave advice and stuff for free, which is a lot cheaper than a solicitor.

they will tell you all your rights and tell you what action you need to take

hope this helps

[iooi]

Sorry, but why should they sack you.....
In fact at one point if you got sacked you could not claim anything, as it was classed as putting your selfout of work, just the same as walking out of the door.

You don't like the job then open the door and walk out.

Just remember that while they can not give you a bad reference, there are ways of making any future employers aware of problems.

Also be carefull of any tribunal's for the like of constructive dismissal as they to can harm any future employment, while they should not be taken into account, more often than not it will carry some weight if there are a lot of others in the line for the job.
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Just because my bike was A DIVVY, does not mean i am......

[nowhere.elysium]

That's not true. You don't have to be sacked to sign on. If you've been making tax payments on your wages, then you're entitled to jobseeker's allowance. No question.

I'm not sure that I'd follow up a tribunal; I got caught up in one once, and it was a dreadful experience. Only aim to be made redundant if you're desperately after a severance package. Being fired won't line you up for one. Resigning is the most graceful way of doing it, in honesty.
I've only been out of work for about 8 months in my working life, and I had no issues signing on when between jobs.
If they're making life hard for you, hand in your notice, and spend the next two weeks telling them all what a bunch of utter cunts they've been. Worst comes to the worst, they'll 'fire' you before your notice time is up. Then you can sue them for unfair employment practices, because you could argue that they did it so they don't have to pay the month in lieu...
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'10 SV650SF, '83 GS650GT (it lives!), Questionable DIY dash project, 3D Printer project, Lasercutter project

[MarJay]

There is quite a bit of advice in this thread... and some of it is a bit "Pony and trap" to be honest.

First off, you aren't eligible to claim constructive dismissal unless you have been employed for at least a year. You have hardly any employment rights until you've been employed continuously for a year. You don't have many rights until you've been there two years.

If you haven't been there two years forget redundancy. They only have to pay you a basic amount anyway which won't be much unless you've been there for ten years or something.

If you resign then I believe it does place a certain restriction on whether or not you can claim job seekers because, as someone rightly said you have put yourself out of work.

There is only one expert in employment law (that I know of) on this forum, and that is Stick. PM her and she'll give you the benefit of her advice. But it would be helpful to know how long you've been in this particular job, whether its full or part time and it is difficult to know if there is a genuine case for constructive dismissal unless we have further details of what is actually happening to you in this job.
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[tutton]

You can claim job seekers after walking out of a job,
brother did it in his last job when the boss made life very hard for him, jobseekers did kick up a fuss about it, and sent loads of letters to the employer and my brother trying to resolve the issue, but couldnt.
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[The Shaggy D.A.]

[MarJay]

[ZRX61]

[alliamc]

I worked at a bike shop for three months, I hated it, and I was constantly being told by the people in the local businesses that no-one stayed there longer than three months... I could see why. I had a row with the son and daughter on the Tuesday, and on Wednesday morning I walked in with my notice, to which we agreed I didn't have to work it, so I walked out with my head held high, drove home with System of a Down playing the loudest my speakers have ever been (while screaming my own version of the lyrics to be directed at them) and three weeks later walked into a new job (having worked bloody hard at contacting agencies and pushing for interviews!!).

My point of telling you this is that most people work somewhere shit at least once in their life, the trick is to leave before it sucks the life out of you. I was angry because I had always stayed for a long time in a workplace and this 3 months in a shitty bike shop tarneshed what was building up to be a pretty good CV. I had a good case for bullying in the workplace (and was dating an employment lawyer at the time) but I decided rather than to drag myself through a battle it was easier to just leave and pick up the pieces, which I did pretty well IMO.
I think what you are doing is dangerous, every job I have had has asked for references and I am always very aware of what they would say about me even though they had no idea of my work ethics. They barely knew me, or bothered to find my skills, so it seems unfair that they will be able to put their scew judgement whenever I choose to apply for a new job.

But for your scenario I would rather just quit somewhere than tell them I hate them (which sounds a bit teenagerist) and then drag it out by making it quite clear that you want them to fire you... that's like a bad boyfriend/girlfriend that doesn't have the guts to dump you so they behave badly to get you to do it instead. Not professional.
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