Can you claim benefits when you quit a job?

It is really important that she gets proper advice before doing anything.

She should NOT throw around terms like constructive dismissal - it is notoriously difficult to get and there is a high burden of proof that she would need at industrial tribunal to prove her case. By mentioning it she might give the employer time to sack her as well.

She should also not invent illnesses - not all cases of stress would meet the criteria for a disability and she might end up with statutory sick pay of £89 per week instead

The process of going through claiming JSA is humiliating and belittling. As others have rightly said, there have been many tragic cases of people dying after being assessed as fit for work. People with cancer, people with serious heart conditions, there is absolutely no way on earth that anyone will get disability benefits of any kind because their job is stressful and it is insulting to suggest this is the case, don't some people read the posts on here? Read the newspapers? OP, your SiL needs to keep a diary and look for another job, but most definitely not quit because she is unhappy.

She should make a note of any bullying (pensionpat is right), then go to the CAB or ring ACAS and ask for advice. The Jobcentre will ask why she left her job and confirm with her employer that she's telling the truth. There is a possibility that she won't have to wait for payment, but she really MUST get advice.

If has two years of NICs, she will receive six months of contributory JSA @ £73pw.

As she's your SIL, I'm assuming that she's married. If so, she will receive nothing after six months, unless her husband is also unemployed. He will be expected to keep her.

In any case, the absolute maximum she will receive is £73, which equates to less than 10 hours @ national minimum wage. I would seriously advise that she hangs on until she can find another job.

I agree with MawBroon and Rigby and am angry that people can suggest exaggerating stress and depression. That's how the government justifies its cuts and checks, which affect genuinely illpeople.

i agree with Rigby, the benefits system is very very stressful. I am angry to hear a suggestion of putting it on as though you can then pop down and get hand outs like smarties. In fact I am not angry I am fuming, how dare you say that. My Husband , profoundly deaf and getting worse every day with PD, and declared fit for work. I am lost for words. There are others on GN in similar positions, struggling, fighting for what they are ENTITLED to, and they are really ill, and the stress makes their illnesses worse, and money is tight. How CAN you be so blinkered??

pension not your post at all but Grandma and Cool's

Can she get her GP to sign her off with stress and depression due to the intolerable conditions at work. She may need to exaggerate a bit how much it affects her but she will then get disability benefits

No she won't
And I am shocked at GrandmaMoira suggesting a dishonest not to say illegal course of action.
When I think of all the genuinely sick and disabled people being assessed "fit for work" (see I think Hopehope's thread) I thank you should be ashamed of yourself for suggesting it.

The point I was making was that if someone has "good reason" to leave a job, they may not be penalised at all by the Jobcentre. So it is good advice to keep a record of events.

My point is that the posts were unethical and stupid - all sorts of things happen that shouldn't but if such things are suggested on here, it's right to call them out. I really don't see what your point was Anya - not helpful at all.

Unethical and stupid I agree, but it happens.

FFS - have you any idea how incredibly unethical and stupid those ideas are? Lying to a GP? And you actually think that disability benefits are handed out like smarties? Don't you know anything about the benefits system - people have died within days of being assessed as fit for work because the bar is set so high these days. I'm truly shocked at these incredibly irresponsible posts

I also was wondering about going off with stress. However, she'd need to check on sickness benefit etc allowances.

Can she get her GP to sign her off with stress and depression due to the intolerable conditions at work. She may need to exaggerate a bit how much it affects her but she will then get disability benefits.

I agree with those who say speak to ACAS first. If she forewarns her employers that she may be claiming constructive dismissal they will be careful not to give her any more grounds. I hope she has been keeping a detailed note of any incidents of bullying, intimidation, work overload or other unfairnesses. If not, she should try to recall these - and the approximate date when they occurred - and from now on keep meticulous notes.

I don't know much about unemployment benefit but I do know that if a person resigns from a job they cannot claim benefit for a period of time, but I don't know how long.

It is shameful that the government introduced hefty Tribunal fees. As a result, there are much fewer people claiming unfair dismissal. Low paid workers in particular simply do not have the money to go to Tribunal.

It is probably better, as others have said, that she tries to cope for the time being but looks for something else. (Still keep notes though).

There is a penalty/sanction for people who voluntarily leave a job, for no good reason. The penalty can be for any length of time, depending on the reasons for leaving. The maximum is 26 weeks. So the reason for leaving the job will be explored. The claimant will be given the opportunity to give details. They may be asked what steps they took to remedy the situation e.g. Discussion with employer or colleagues, request for support/training. The employer will also be asked for their side of the story. A decision will be made as to whether there was good reason to leave the job. If it was considered not good reason there will be a saction, and the length of it is determined by the circumstances.

Three years ago I reluctantly left my job after 18 years. Due to moving I was commuting for 4 hours a day. After 2 years I couldn't cope with the journey anymore.
I tried to get another job but at 60 no one wanted me. I decided to sign on, the first time I had ever asked for any kind of help. I received about £260 before being told I couldn't claim anymore because I had resigned.

The new system of sanctions and job searching is really onerous, and quite frankly, your relative may find she is jumping from the frying pan to the fire. She will jump from presumably reasonably paid employment where she is taken advantage of straight into being humiliated, patronised by people younger than her, and all for a pittance of JSA, sent on pointless and irrelevant courses. So, the alternatives are stay or look for another job and as always, it seems to be easier to find a job when you are in one. A very difficult situation, but one which would be made much much worse and poorer by resigning.

Rigby is right . The benefits system is a minefield and everything will be done to prevent her receiving any help. Do you have a B&Q near as I believe they prefer to employ the over 60`s . If she quits her job she will have to sign on, go to `training courses` work stacking shelves as a job trial on £60 a week for the likes of Tesco ! She will have to prove that she is actively looking for work by applying for everything/ anything and then will get a pittance to live on .

I got the 13 weeks info from the cpag website - excellent source of information. It would only be more than 13.weeks if the claimant had previously been sanctioned. But honestly I can't stress enough that in this situation and given the benefit rules now, she should really really keep quiet at work and do her best to get another job - but this might be quite difficult. If she ups the ante with the boss, who sounds awful, he could just sack her - that would be unfair but what would she realistically do about it?

I think I was told it is 6 months not 6 weeks that you cannot claim benefit as you have made yourself jobless. This needs checking though.

Tell her to stop stop - not do anything before she talks to ACAS. She must find the time - this is really tricky situation. As you may know, this caring, compassionate, dare I say Christian government has brought in fees for going to an Employment Tribunal. It will cost £250 for the claim fee and £950 for the hearing fee. Nice, isn't it? If she claims benefits, she'll have to actively seeking work and be subject to the caring, compassionate etc Job Centre regime. She could end up with no JSA for 13 weeks unless she could prove she had a good reason to leave - and that won't be easy- Is there any chance she can find another job first and then resign?

Yes I have advised her, when she goes back in on Tuesday, to see the boss and ask if it is his intention to be rid of her as he's going the right way about it and has he heard of constructive dismissal? Trouble is, she's so cowed by it all (and life in general) that she'd rather just get her head down and work (which she enjoys and is good at).
It's a small family firm, no Union so ringing CAB and ACAS is a good idea although not sure when she would have the time!

She could ring ACAS - they were very helpful when DH had a bit of a problem with someone he was working for. No details asked with names etc but the legal position of both sides given. It was all on the telephone and I got the number from the local directory.

Could she claim that it is something called constructive dismissal, I think that is the term, where the firm make it impossible for you to continue. I suspect that might be expensive though. Does she belong to any union that could help? otherwise I guess Citizens Advice is the place to start. What a horrible position to be in.

She definitely won't be made redundant-they know a mug when they've got one that's for sure! Thanks

I know that it will be at least six weeks with nothing if she quits. If she is made redundant it is a different matter.