leaving work voluntarily but under severe stress - benefits?

[speirbhean]

Hello there. I've searched the threads but am still unsure of an answer to this so would appreciate any advice. I'm posting on behalf of a friend who is under severe stress in her job - so severe that she dreads going into work in the morning. The situation is having a terrible effect on her mental and indeed physical health, given that she is neither eating nor sleeping properly. She is being severely criticised by management for her output, often in front of other staff members even though she feels she is working to the best of her ability. She is on a different shift pattern to everyone else in the job and is being asked to do different tasks to everyone else, therefore it's difficult for her to prove that she is indeed working to the best of her ability - there is no one to measure herself against. She has not been officially reprimanded and feels that management would like to make life so difficult for her that she will just walk out - this has happened before to others in the company. She feels it is easier for them just to make life difficult for people and force them out rather than go down an offical discipline route. She has an idea for setting up her own business but obviously times are tough. She hasn't been to the doctor about her stress levels yet but hasn't ruled it out. But she really doesn't feel she can continue in this job in the medium or even short term.
My questions are these
If she voluntarily leaves the job will she be entitled to benefits?
If so, what benefits will apply in this case?
If she starts her own business but it takes a while to get it off the ground, will she be entitled to any benefits in the interim? She has been working for 15 years so has plenty of stamps paid. She is married with one child and a big mortgage and her husband's income alone would not be enough to survive on if creche fees are taken into account - this will obviously complicate things if she wants to go out on her own.
Thanks in advance for any advice - it's a tough one. I'm posting on her behalf because I'm a regular poster here.

 

[Mopsy]

Check out citizensinformation website for information. I know of a friend of mine who left voluntarily and as anybody who leaves work either voluntarily or otherwise, you sign on on the first day of being unemployed at your local Social Welfare Office...that is important! Usually, within a two to three week period you receive a P45 which you bring into the Social Welfare. IMO should she go ahead and leave voluntarily, she will get Job Seeker's Benefit, based on her stamps for previous tax year. She may also be able to claim for her spouse and child, depending on her circumstances. Check the website above. By and large, it would be better if she was made redundant because she will not be entitled to a redundancy if she leaves voluntarily, but again, check this out. Her health is primary and maybe she should go to her Doctor while still in employment and maybe after Doctor's diagnosis, she may be able to go on sick leave for the time being and take it from there.

Again, the above information is my own personal opinion and as I said the citizensinformation.ie website under sub-section, Social Welfare Payments will give all the info you might need.

Best of luck to your friend.

 

[fababby]

She would be penalised by Social Welfare i.e no payment for a number of weeks, for voluntarily leaving a position, under normal circumstances. But your friend has a couple of choices either explain the situation at her local SW office and they might not penalise her. But they might question her on why she is not taking any action against her employer...

Or, she could attend her GP explain the stress and anxiety etc she is under and if appropriate, he/she would certify her as being unfit for work and she would claim illness benefit as she would have the PRSI contributions required.

Or, she could tackle the situation at work? Get advice from NERA or her local citizens information service who might have an employment expert on how to proceed here.

 

[Welfarite]

If she voluntarily leaves the job will she be entitled to benefits?.

She can claim JB fi she is available for and seeking work. Because she left voluntarily, she MAY be disqualifed for up to nine weeks but this depends on reasons for leaving job. best to apply from day one of umemployement and detail reasons for leaving work, It is not an automatic disqualification

If so, what benefits will apply in this case?

Jobseeker's Benefit if she is fit for work. If not, Illness Benefit.

If she starts her own business but it takes a while to get it off the ground, will she be entitled to any benefits in the interim?

Not initially, though she may qualify for Back to work enterprise Scheme in time. See www.welfare.ie for details of that.

 

[annet]

She should really go and talk it over with her doctor before she decides to do anything. Her doctor could put her on illness benefit if the doctor considers that she is unfit for usual work. That would give her some breathing space and to access treatment, if required.

If she decides to leave she can claim jobseekers but depending on how the deciding officer sees the situation she may be disqualified for up to nine weeks as previous posters said.

However, if she feels the employer is making things very difficult for her to the point that she has been pushed into leaving by the employer that could be seen as constructive dismissal and that could be brought to the employment tribunal.

My advice would be go by whatever the doc's advice. If they advise IB go on it and tell her under no circumstances to hand in her notice.

Let the ball be in the employers court, let him do whatever they want, it would put you friend in a stronger position. If the employer chooses to discipline or sack her, your friend can take a case to the employment tribunal for unfair dismissal and the general advice of NERA is it puts the employee in a stronger position as when it comes for hearing the employer will the first to present their case so dont resign if she can. However, she has not received any warnings and she hasnt been subject to disciplinary yet.

If the employer had a problem with her output surely that would have been brought to her attention through support, supervision and review.

I would contact NERA for advice.

I would start keeping a record of all conversations or incidents for her own files, just in case.

 

[Eblana]

Please Please get your friend to see a doctor. Your friends employers have a duty of care to her under Health and Safety Legislation to ensure her mental health as well as her safety. If her working conditions are affecting her mental and physical health then her employers are failing in their duty. She will stand a much better chance of getting benefits if she can prove that the job was effecting her health. It sounds to me like she has gotten caught up in a vicious circle i.e. the job has effected her health and her health is now effecting her job performance.

 

[sonandheir]

I was recently in same sitution, depressed at job to the point where I couldn't sleep constantly worrying. Employer promoted me (I foolishly agreed) to position I was unable to cope with. I lasted 6 months, had to see doctor for ulcers and quit my job. I did not use the ulcers or the stress 'officially' but told my manager that was why I was leaving. Anyway I had read that there was this 9 week disqualification and waited 6 weeks before applying for unemployment benefit. On the form it asked why I left employment and I simply said 'cessation of contract'. There was no questions and benefit was backdated to the first day I applied there was no disqualification of benefit. Only question was why I hadn't signed on from day one.

 

[serotoninsid]

IF she decides to stick it out, she should take detailed notes of EVERYTHING that has happened to date that she considers to be done with the motivation of forcing her out. Then on a day to day basis, add each and every little incident that happens as it happens. Its important to do this on an ongoing basis - as its surprising how fuzzy things become after the event. She should start that right now even if she feels right now she has no intention of fighting her way through it.
At the very least she should go out sick - as from what you describe, that is the case. First and foremost, this should be done for the benefit of her own health. Secondly, it will act as the first official record of her having confirmed that there is a problem at work - without having to engage head on with the employer right now.
Thirdly, if she is out sick for a certain period (i'm not sure how long, you will have to find out) with work related stress/anxiety, etc, then this will have to be reported to (* i think its the..) Health & Safety Authority - and goes down in the stats against this company. They will not want this!!
How long has she worked for this company? If its a long time, then its quite difficult for them to dismiss her - only due to cut and dried instances of misconduct or negligence.
I take it theres no union representation?
Without giving the game away, would this be a Multinational employer?
Is there any particular reason why they have rounded on her?

 

[speirbhean]

Thanks for all your replies, I have passed them on. The situation is complicated by the fact that if she goes out on her own she will probably be dealing with this company in future as a supplier. So she doesn't want to burn bridges so to speak. But I have advised her to take notes immediately and I'm encouraging her to speak to a doctor... thanks again.