Jobseekers Benefit/ possible disqualification query

JennyZ

Hello quick question. If somebody received a financial settlement through a confidential non disclosure agreement with both parties agreeing employment is terminated, would this automatically be treated the same way as a Redundancy situation, in terms of possible disqualification weeks for JB? Even though the actual role hasn't been made redundant so not technically a Redundancy situation. Or would it be up to the Deciding Officer to decide? Bearing in mind if non disclosure agreements signed by company and employee it possibly would be difficult for the Deciding Officer without all of the facts.
Thanks
J

splinter65

When you apply for JSB DSP send a form to your former employer regarding the circumstances of your departure.
The Deciding Officer will act on whatever your employer replies, unless you allege and can prove that that’s not what actually happened.

JennyZ

Many thanks for reply. I'm assuming the former Employer will not legally be able to state reasons for departure if Social Protection request it because non-disclosure legal agreements on the reason why the employment terminated have been signed by both parties. My question was more about the monetary value of settlement received and whether that would lead to a disqualification when it's not a Redundancy situation. Have googled and can't find answers. Possibly it will be up to DO decision.
Thanks
J

vectorvictor

JennyZ wrote: »

Many thanks for reply. I'm assuming the former Employer will not legally be able to state reasons for departure if Social Protection request it because non-disclosure legal agreements on the reason why the employment terminated have been signed by both parties. My question was more about the monetary value of settlement received and whether that would lead to a disqualification when it's not a Redundancy situation. Have googled and can't find answers. Possibly it will be up to DO decision.
Thanks
J

You need to answer the questions DSP have for you if you want to avail of their services. You are well within your rights not to share information with them but that will most likely preclude you from availing of your entitlement if they are unable to assess it because you can't / won't share the required information. Would be a great trick otherwise

The reason for leaving is pretty fundamental in determining your entitlement and waiting periods

splinter65

JennyZ wrote: »

Many thanks for reply. I'm assuming the former Employer will not legally be able to state reasons for departure if Social Protection request it because non-disclosure legal agreements on the reason why the employment terminated have been signed by both parties. My question was more about the monetary value of settlement received and whether that would lead to a disqualification when it's not a Redundancy situation. Have googled and can't find answers. Possibly it will be up to DO decision.
Thanks
J

If your former employer can’t/won’t state the reasons for your departure then this will seriously delay/disqualify your application for Jobseekers.
Contractual specifications that you and your employer reach as part of your exit package wouldn’t override SW legislation.

JennyZ

splinter65 wrote: »

If your former employer can’t/won’t state the reasons for your departure then this will seriously delay/disqualify your application for Jobseekers.
Contractual specifications that you and your employer reach as part of your exit package wouldn’t override SW legislation.

Thanks, I understand. I assume if both the Employer and Employee do not state the exact nature of the reasons for termination as are confidential as per non-disclosure agreements disqual will probably apply based on the settlement amount.
Thanks for your replies,
J