Citizen Advise Bureau Encouraged My Staff To Quit Her Job!

[newbie99]

One of my staff been working for my company for a number of years on a part basis, 20 hrs a week.
The staff informed me that she has to quit the job as she had sought advice from the CAB in order to right off the debts she owes to the council etc.

Because she works more than 16 hrs means she has to pay her council tax , rents etc.

I told he I need her to put in writing such that she is quitting her job and not due to the company sacking her. She says she will not put I writing, she just wanted her P45 back. The P45 was provided to her the follow week at her request.

A member of staff has spotted her working at another company but only for 15 hrs. There we go the current system discourages any staff to work more hours.

Now I am concerned that the Benefits Office may ask us why she left the job and the staff may says the company sacked her.

Is there any thing I could do to protect the comp from such accusations?

[factor-fiction]

"Now I am concerned that the Benefits Office may ask us why she left the job and the staff may says the company sacked her. Is there any thing I could do to protect the comp from such accusations? "

I'm not sure the DWP would accuse you of anything.

[AlwaysConfused]

//I told he I need her to put in writing such that she is quitting her job and not due to the company sacking her. She says she will not put I writing// Why are you asking her to prove to you that the company didn't sack her? You know that information. Written notice is standard (although verbal notice is taken by some companies), as is an agreed notice period to quit work.

I also have staff that cannot work more than their hours as it will affect their benefits. Was she a good colleague? If so, could you have not accommodated her by dropping her hours and changing the contract to reflect the change in hours? Or upped her contract so she didn't have to rely on handouts?

[newbie99]

She asked if the company could put her on 15 hours and continues to work more hours such that she could claims her benefits. The company position is that we don't assist cheating the benefits system. So that's where we end the conversation.

In the other hand the company has offered her a fill time job and she refused it. She doesn't want to turn up to work but still wants paid. So she is not a good staff.

So if she leaves the company that is good for the company.

[sandyRoe]

'Employee' looks better than 'staff'. You might say, 'an employee', or 'a member of staff'.

[factor-fiction]

Sorry, I'm not what you are saying there. But unless you are worried about receiving an unfair dismissal claim then I'm not sure what the issue is for you

[Peter Pedant]

No - you wait and see

You are blameless in this - and in fact you dont know what the CAB told her to do.

She needs to worry as she is may be possibly trying to defraud creditors
but that is her affair and you should get on with your company and recruiting a new worker. Sleep easier in that you're not her !

you cant be screwed for unfair dismissal - you didnt dismiss her


My tenants do this sort of thing to me - I can only look on with disbelief
and fill out such forms when they ( very rarely arrive )

[buildersmate]

I agree with PP, given the situation you are now in - you do nothing further now to contact her. However I would spend a few minutes writing a statement of what happened, with dates/times/key points spoken.

The bind for you, though, is that you do not have a resignation note, so she could easily turn round and say you have merely taken her off the payroll giving no notice, and claim unfair dismissal. To that extent, I disagree with PP. Its your word against hers. Hence the need to write notes on what happened, which you can drag up later if the time comes. Sign them, date them, and get a co-director or senior manager of the business to witness the your date/signature. She probably won't have the wit to do the same, if her version of the 'event' is different. Then at least you've got a clear statement of your side, written soon after the event happened.

The clever way to do this would have been to refuse to issue the P45 until she gave you a letter confirming she wished to leave - which you could have easily done. However to write to her now, after the event and after the contract is demonstrable as having come to an end, in my view alerts her to the potential for a claim against you.

I agree, her motivation is more to do with getting the money from the DWP / freeing her debts.

Unfair dismissal claims have to be lodged within 90 days. Keep counting them down.

[newbie99]

Thank you Buildermate and PP. Very helpful thoughts. I will write a note and date it.

[themas]

I don't know what this employee is doing but think it is highly unlikely the CAB would have advised her to quit her job - whatever she has told you. It is almost certain that her income if unemployed would be less than if she had gone on working for you. In any case it is extremely likely she would have been sanctioned for JSA for resigning without good reason. (As she has gone to another job that doesn't arise, & leads to the view that she probably had that job lined up anyway before she left.)

There are a lot of other factors which would have been considered with her by a CAB adviser but reducing hours from 16 to 15 is not something that would help in any meaningful way to increase her income & thus help her with debt payments.

Her suggestion to you that she be put on 15 hours & go on working more is absurd. Her payslips should show the hours worked & hourly rate so any benefits office checking (& they do) would immediately query it.

[thugulike]

I don't believe CAB told her to quit her job. They just don't work like that. They may have shown her the options and she has chosen one. If you have done nothing wrong you have no need to be concerned. I am sure the Benefit Office are not concerned either.