Left job after row.

R

rebelcruiser

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Hi,

2 weeks ago I left my job after I felt I could not work with my boss anymore. There was a bit of rush of blood to the head about it but what is done is done. I hope to start doing somthing myself but it may take time and money to do. If I have to sign on for unemployment do I have a case. Even though I had problems with my boss I did get on well with her bosses and they did not want me to go so I did not go with any bad feelings to the company. Does anyone know if I have a cse to sign on if it comes to it?
 
rebelcruiser said:
Hi,

2 weeks ago I left my job after I felt I could not work with my boss anymore. There was a bit of rush of blood to the head about it but what is done is done. I hope to start doing somthing myself but it may take time and money to do. If I have to sign on for unemployment do I have a case. Even though I had problems with my boss I did get on well with her bosses and they did not want me to go so I did not go with any bad feelings to the company. Does anyone know if I have a cse to sign on if it comes to it?
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Visit [broken link removed] for information you can find a form called a t1a and send it off you may have a case for constructive dismissal. It will not cost you anything to take a case unless you employ a solicitor.
 
It is quite difficult to prove constructive dismissal but the answer to the question is that it may be difficult to get unemployment assistance/benefit where you voluntarily leave and are not dismissed.
 
You will qualify for UB regardless of whether you left or were dismissed. However, you may have to wait a period of time of approximately 9 weeks from sign on before you get your payments because you left voluntarily. I would urge you to sign on as soon as possible so that your weeks start being counted as soon as possible. I left my job last year voluntarily and was paid UB after 4 weeks from sign on - it all depends on who is handling your case in social welfare if you have to wait the full period of 9 weeks. It was all back dated for the 4 weeks so sign on asap to start the process.
 
Sorry one more question. What do I need to bring to my wefare office to sign on? Was going to bring P45, 2 forms of ID and 2 bills.
 
That should do it, bring passport and/or long form of birthcert as one of the ID forms as they'll want that.
 
Just to say that whether you get it straight away or not very much depends on the individual situation. I left a job in the past where the boss was bullying me and when I explained this, I got benefit immediately. I was able to submit a personal statement with my application.
 
Yeah, the offical phrase is "left without good cause" so it depends on whther the deciding officer decides that you had "good cause" to leave or not. In any case, evenn if you are disqualified adn you have no income, you can apply to the Community Welfare Officer in HSE to get some payment while awaiting decision.
 
To be honest except for my own boss I had goodtimes there and dont want to get legal with the job. I had a meeting today and feel good that I might be able to setup somthing myself. Its a small industry so it might do more harm then good to take on my boss. I might say that I had to go because of stress which would not be 100% off the mark. I would not want to write down a statement just in case they followed up with the job?
 
Remember, SW will write to your employer for their version of events, so if you say one thing and they say another..... If you talk to SW and explain exactly why you left, also that you've got "irons in the fire" and don't intend singing on for long, they may be more sympathetic to your plight. They are human too, for all you know their boss might be like yours too!!!!:D
 
Just back. The office is nearby. It was painless (this time) They said I will have to put together a letter saying why I left the job and it would be up to an officer to see if I can get any payment. I am going to say I had differences between my boss & I on how to do my job. This is what happened anyway. Not sure if this is enough?
 
Put your side as best you can, justifying your leaving...things like how long you worked there will also come into account. Then it's up to the officer. If they do disqualify you, go to the CWO as I stated earlier.
 
That bears your story out. Put in your letter then that there was a personality clash. Mention that boss took over Jan. and that you tried to weather storm until two weeks ago. Emphasis you have been looking for work since adn tought you wouldn't have to sign on but have to now due to no income. Any other employees having same problems? Would they back you up.

another point...if the employer fails to respond to SW for their version of events, the decision usually goes in favour of the claimant. Many employers are unwilling to respond in writing if they think there was any contentious action on thier part.
 
Am sure there are others but dont want to bring any other into this. I will take your advice. Thanks for all the help.
 
You can apply to your Community Welfare Officer while you are waiting for DSFA to process your claim. Any payments received are deducted from your arrears from DSFA. CWO will not write to your boss to find out why you left and there is no 9 week waiting period. However, your payment is means tested, unlike unemployment benefit, which is based on contributions. Worth applying though!
 
Also note that the 9 week period starts from the date of leaving not the date you sign on.

A few points, the deciding officer is likely to side with the employer and leave it up to you to go to appeal. The phrase they use is "reputable employer". I found out that it was the policy in a certain welfare office in the southeast to use this phrase in denying such claims (constructive dismissal) for 9 weeks. I asked why and was told it was not their job to do what the EAT/courts are supposed to do. I was invited to submit the findings of the EAT so they would refund the 9 weeks if the EAT found in my favour. I appealed and the decision was overturned unopposed.

Apply to the CWO and see where that goes.

If you want some more info/advice PM me please.
 
Stifster said:
It is quite difficult to prove constructive dismissal but the answer to the question is that it may be difficult to get unemployment assistance/benefit where you voluntarily leave and are not dismissed.
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While it maybe hard to prove it is always worth taking the chance as there are no costs involved unlesss as I said you employ a solicitor. There are numerous constructive dismissal case taken to the employment appeals.
 
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