9 week disqualification period

dashdoll

Hi,

I'm aware that there is a 9month disquaification period to complete for someone who has left their job voluntarily before you are awarded jobseekers benefit.

I'm wondering if their is any discretion regarding this or if it is an outright 9 week blanket ban for everyone in this situation.

I'm leaving my job because it's unbearable anymore, am doing work that is totally outside of my job description, not being offered any career development, study leave for exams I'm undertaking. I know this doesnt validate my leaving but I have to do it to progress. I'm well educated, have a good working record and have evidence of applications for numerous positions/meetings with recruiters etc. I'm wondering if this would be any help to reduce my waiting period or if it is an automatic 9 weeks?

Will barely be able to survive if its a full 9 weeks but it's worth it for my long term career I guess.

Would love to hear any insight on this.

dashdoll

oops, meant 9 weeks.

ad1234

dashdoll wrote: »

oops, meant 9 weeks.

I know of someone who the 9 weeks was waved, after a bit of a battle, as their job changed location, pretty far off but did not give any allowance for the extra travel they had to take. They had to leave as ot ended up taking 100 a week from their wages to get to work.

Im not too sure your case would be considered for waving though sadly.

Hope it works out.

mrsbyrne

There is discretion OK but its very hit and miss. If you are going to quit and then make a complaint about constructive dismissal under the Unfair Dismissals Act (you can and the initial complaint part at least is very easy to do) then that can really help in getting the disqualification lifted.

dashdoll

Thanks for the advice. Formally complaining my enployer or going down the constructive dismissal route is definitely a no for me. As much as I probably could and should I need to leave on good terms for references etx. It just such a pity as I dont know how Il manage.

mrsbyrne

dashdoll wrote: »

Thanks for the advice. Formally complaining my enployer or going down the constructive dismissal route is definitely a no for me. As much as I probably could and should I need to leave on good terms for references etx. It just such a pity as I dont know how Il manage.

This is the reality when it comes to enforcing your employment rights
Explain everything to the deciding officer in the SW office. Be full and frank. If you have any evidence that you are looking for work, bring it along. Could be fine.

dashdoll

mrsbyrne wrote: »

This is the reality when it comes to enforcing your employment rights
Explain everything to the deciding officer in the SW office. Be full and frank. If you have any evidence that you are looking for work, bring it along. Could be fine.

Ok thanks. I just hope its not full a full 9 weeks. Im not eveb sure what to say on the application form as to why im leaving. Its just so complex I dont even know where to start but Im sure it will be just another sob story from their perspective understandably.

SpaceTime

Definitely, definitely bring proof that you're actually a job seeker!

rick_fantastic

is it really that bad that you cant stick it out until you find something better?

dashdoll

rick_fantastic wrote: »

is it really that bad that you cant stick it out until you find something better?

Well basically as part of the industry that Im in,Iv signed up to do professional exams which Iv paid a lot of money to do and now the company are refusing to give me leave to complete these so this is also a factor. I will still be 100% looking and available for work but I also need to put my career first and sit these which I am now not being allowed to do there. Such a mess!

Penny Tration

They usually only waive the exclusion period in pretty serious circumstances.

I left my last job due to bullying culminating in assault, and they waived it (and thankfully I havea job that I enjoy now). My bf was working 60 hour weeks with no days off and no lunch breaks and left due to exhaustion and they refused to waive it for him.

It depends on the person you deal with.

I'd be wary about the exams. They may decide that since you wanted time off work for them, that you're not available for work at that time.

Fred Swanson

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fiachr_a

It's not 9 weeks, it's up to 9 weeks.

Fred Swanson

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dashdoll

Fred Swanson wrote: »

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So there is some sort of discretion then or criteria for them to reduce it? Good I guess but it seems very vague.

Fred Swanson

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mrsbyrne

Fred Swanson wrote: »

Yes it is very vague, they are free to impose anywhere from 0 days right the way up to the full 9 weeks.

What was happening in some areas, 9 weeks was automatically being applied regardless of circumstances. These were reduced/removed on appeal to the SWAO.

I do think a lot depends on how the claimant presents themselves though. If you don't want to be forthcoming with info about the circumstances of your departure or you've a bit of an attitude you might find yourself with empty pockets.

Fred Swanson

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mrsbyrne

Fred Swanson wrote: »

Or if the deciding officer has an attitude you will be down 9 weeks. The SWAO even commented on the attitude of the DO.

Of course. Its very hit and miss.

dashdoll

Thanks for the advice.

I won't be able to survive for 9 full weeks that's a certain but at the same time I'm very wary of applying before the 9 weeks is up as I really don't want the SW contacting my employer to confirm why I left / dragging them into it asking them to complete forms on why I left as I want to remain on good terms for references etc as I will need that for the future. It seems so messy!

fiachr_a

Make an appeal, say the 9 weeks is too harsh, and the appeals officer might reduce the disqualification period.

eastbono

@dashdoll your employer will be contacted to confirm why you left. Very rarely do people get the full 9 week disqualification. If you are going to be studying for and sitting professional exams then this may preclude you from receiving jobseekers.

dashdoll

eastbono wrote: »

@dashdoll your employer will be contacted to confirm why you left. Very rarely do people get the full 9 week disqualification. If you are going to be studying for and sitting professional exams then this may preclude you from receiving jobseekers.

Thanks for that.

The exams aren't full time education, I would not be enrolled in a course and I will be applying for other full time positions while undertaking these so I hope not.

Would employer be contacted also after the 9 weeks have passed? Do not want them involved if possible as want to keep things in good order when leaving.

Fred Swanson

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yawhat!

Was in the same situation as you in my first job. Left and said I would be disqualified for 9 weeks. Went to the Social welfare officer and were happy to give me a check for the weeks I would be waiting for it.

I didn't get deducted or anything!

Engine No.9

If it was me in the same position I'd continue on in the job as is all the while continuing to look for work. If you need study leave, take a few sick days or force majeure days. Just stay where you are for the sake of your pocket. Asking for time off to attend interviews shouldn't really bother you if you hate the job so much.

eastbono

dashdoll wrote: »

Thanks for that.

The exams aren't full time education, I would not be enrolled in a course and I will be applying for other full time positions while undertaking these so I hope not.

Would employer be contacted also after the 9 weeks have passed? Do not want them involved if possible as want to keep things in good order when leaving.

Your employer will only be contacted when you make your claim. They will have to be contacted as you will have left your job of your own accord. The days you will be sitting your exams you will have to notify sw of this if you are receiving a payment as you will not be entitled to payment for these days assuming the exams are daytime... if nighttime then no need to notify.

stevie1122

Slightly off topic but I am in a similar situation I am on the job seekers at the minute (the one where you had in dockets every week stating the number of hours you worked)

Does anybody if it's possible to make an appointment and go down and discuss the situation with a welfare officer before actually leaving your job to see what you will be entitled or is this a bad idea.

Because I really am at breaking point in my current job and am getting picked on by management constantly getting written warning etc for the littlest of things so it's only a matter of time before they have cause to sack me but at the minute I cannot take the risk of leaving and having not source of income in the meantime I have been looking for work since last October the only replies I get are "sorry your not suitable for the position" because like the OP I would not be able to survive 9 weeks without any money coming in.

dashdoll

I finished work anyway (somewhat voluntarily) to be honest, it was completely unbearable any more but I doubt the SW will look upon it that way tomorrow. Have a bad feeling that I'll be disqual for 9 weeks but hopefully now. I don't want to drag my former employer into it as I need references etc from them.....nightmare is not the word.

stevie1122

dashdoll wrote: »

I finished work anyway (somewhat voluntarily) to be honest, it was completely unbearable any more but I doubt the SW will look upon it that way tomorrow. Have a bad feeling that I'll be disqual for 9 weeks but hopefully now. I don't want to drag my former employer into it as I need references etc from them.....nightmare is not the word.

Yeah I went to the Citizens information or whatever it's called a few weeks ago they told me the only way you can beat the 9weeks is if you make a formal complaint against the employer but your employer will find out that you made this because they are asked to give a response.

I can't make a complaint myself because I also know my management outside of work and we have many
mutual friends so it will make things difficult for me outside of work and making the complaint dosen't guarantee that you will not have to wait 9 weeks so it really doesn't give people like us much of an option.

Good luck tomorrow and please post up what they say because I have a feeling I could be in exactly the same situation myself very soon.

dashdoll

stevie1122 wrote: »

Yeah I went to the Citizens information or whatever it's called a few weeks ago they told me the only way you can beat the 9weeks is if you make a formal complaint against the employer but your employer will find out that you made this because they are asked to give a response.

I can't make a complaint myself because I also know my management outside of work and we have many
mutual friends so it will make things difficult for me outside of work and making the complaint dosen't guarantee that you will not have to wait 9 weeks so it really doesn't give people like us much of an option.

Good luck tomorrow and please post up what they say because I have a feeling I could be in exactly the same situation myself very soon.

Definitely not holding out any hope after that. I just hope maybe that my good working record etc wil stand to me but probably now. It's out of the question or most people to make a formal complaint against an employer but such is the system I guess....dreading it but I'll let you know what happens.